Terms and Conditions for Sales Service
Article 1 (Purpose)
This Terms and Conditions (the “Agreement”) aims to finalize and enable fulfillment of the rights, obligations and general procedures set between Art Terms Co., Ltd. (the “Company”) and a person (the “Seller-member(s)”) who signs up for the Company’s online website (the “Art Terms”) as a Seller-member and uses e-commerce related service as well as other services provided by the Company (the “Service”), thereby promoting mutual growth of both parties hereto.
Article 2 (Definitions)
① The following terms in this Agreement shall have the following meanings:
“Channel” refers to a service unit which exposes any product information registered by the Seller-member through the “Art Terms”.
“Window” channel refers to a service where the “Company” offers server space and management system to enable postings on the “Service”.
② Definitions for terms in this Agreement shall be in accordance with the Article 2 of the Terms and Conditions for Art Terms Service (the “Terms and Conditions for User-members”) unless otherwise stipulated herein.
Article 3 (Posting and Amendment)
① The Company shall post the provisions of this Agreement on the first page of its online site or on a connected screen for the Seller-member’s better understanding.
② The Company may amend this Agreement within the extent not violating the relevant laws and regulations. In such a case, the Company shall give a notification through Art Terms Platform while specifying the details of amendment and date of execution for the period from seven (7) days prior to the date of execution to the day before such date of execution; provided, however, that if the amended provisions adversely affect the Seller-members, this shall be notified for the period from thirty (30) days prior to the date of execution of the amendment to the date of execution.
③ In the event where the Seller-member does not give consent to the amendment, the Seller-member may express his/her intent of refusal before the date of execution of the amendment and terminate the service use agreement pursuant hereto.
④ In the event where the Seller-member does not explicitly express the intent of refusal despite a clear notification from the Company when giving a notice on the amendment in accordance with the preceding paragraph, stating that the Seller-member’s intent not expressed until the date of execution shall be deemed as that the Seller-member has already approved the amendment, the Seller-member shall be deemed to have approved the amendment.
Article 4 (Validity)
① The Company may establish separate operation policy (the “Operation Policy”) for any detailed matters not stipulated herein and post such matters on the Art Terms Platform.
② The Company may separately establish agreement on a certain service among its services (the “Separate Agreement”). Upon the consent of the Seller-member on the Separate Agreement, such Separate Agreement shall constitute the part of the service use agreement, and in the event of any conflict between the Separate Agreement and this Agreement, the Separate Agreement shall prevail.
③ Any person who wishes to join as the Seller-member under this Agreement shall be well aware of the terms and conditions for Art Terms service and confirms his/her consent on the rights and obligations between the User-members and the Company.
Article 5 (Validation of Service Use Agreement)
① The service use agreement shall be valid when a person who wishes to utilize the service (the “Applicant”) consents to this Agreement and applies for registration as the Seller-member pursuant to the process determined by the Company, while the Company proceeds with the screening and approval thereon. The Company may indicate the intent of approval by posting on the relevant service page or by email or other methods.
② If separately asked by the Company to submit evidential materials, the Applicant shall promptly submit these, and the Company may put off or reject the approval on the application of registration until obtaining the materials.
③ The sign-up for the Seller-member shall be conducted by any individual or corporate business operator over the age of 14, and the member shall fully cooperate if the Company requires submission of a written consent from a legal representative and supporting evidence for the application for sign-up for the Seller-member by any person under the age of 19.
④ In any of the following cases, the Company may reject an approval on the registration of the Seller-member applied pursuant to the paragraph 1 and cancel the approval even after the registration is completed:
1. When an applicant has ever been disqualified for membership in connection with this Agreement and other services provided by the Company;
2. When an applicant does not use the real name or uses others’ personal information, i.e. resident registration number, business license number, I-PIN etc.;
3. When an applicant provided false information or did not write down any content suggested by the Company;
4. When any member who has been put into suspension of membership from the Company temporarily terminates the service use agreement during the term of such measure and makes an application again;
5. When it is difficult to approve the application due to any technical problem;
6. When the approval is impossible due to any reason attributable to an applicant or when the application was filed in breach of other general conditions such as by not having submitted the required paperwork and documents requested by the Company;
7. When the Company recognizes any necessity not to approve according to its reasonable judgement considering any violation on this Agreement or illegal or unfair application, etc.;
⑤ In the event of any change in the Seller-member’s membership information such as address or bank account for payment, the Seller-member shall promptly notify the Company of this and the Company shall not bear any responsibility for any damages arising out of delays in such notice.
Article 6 (No Representation and Warranty)
① The Company only bears responsibility for operation and management of online sales brokerage system for the transaction of goods and services (the “Product(s)”) between the User-member and Seller-member, and any activities conducted by the Company in connection with the sales and purchase of the Product shall not be deemed as representation of either party.
② With regard to the sales and purchases among the members through the Company’s service, the Company does not make any warranty of any kind with respect to the existence and credibility of sales or purchase intention, products quality, integrity, legality and non-infringement, and authenticity or legitimacy of any data entered by the members and the material posted on the linked URLs by using such data. Any and all risks arising out of these shall be entirely borne by the members.
③ The Company does not give any warranty on sales effect of the products which are traded in the service by the Seller-member, and the Seller-member shall not bring the Company to account for insufficiencies in the intended sales, etc.
Article 7 (Types of Service and Fees)
① Service provided by the Company pursuant to this Agreement shall be as follows:
1. Online sales brokerage service through development and operation of E-Commerce Platform (product registration);
2. Services in various forms such as where the users select preferences of the product by utilizing the product information and database including product images provided by the Seller-member and share their opinions on an advertiser and the products;
3. General services in connection with other online sales brokerage services;
② The preceding service provided by the Company has the purpose of permitting the use of service and mediating the online sales in order to enable the Seller-member’s transaction of goods, etc., and the Company shall not bear any responsibility in connection with any product registered on the service by individual Seller-member.
③ Unless there are any transactional or technical problem, the Company provides in principle its service all year round, 24 hours a day. However, the service may be temporarily halted on date and time when periodic inspection and system upgrades are required. Temporary suspension of the service due to any pre-scheduled operation shall be noticed in advance through the Art Terms Platform.
④ Fees payable from the Seller-member for the use of Art Terms service can be found on the Company’s website or the screen linked to the Art Terms service.
Article 8 (Fees for Use of Service)
① The Company may impose the following service fees, and the details and rate of the service fees shall be notified on the Art Terms Platform.
1. Fees for the use of payment service of Art Terms Pay;
2. Fees for other optional services, etc.
② The Company impose on the Seller-member processing fees (3.5%) for each credit card payment collected from the User-member. The Seller-member authorizes the Company to retain the specified processing fees.
③ The Company may levy the service fees by deducting from the settlement payable to the Seller-member, and determine the fees and methods of payment differently depending on consultation with the Seller-member and the Company’s internal policy, etc.
④ The Company may newly establish or change the service fees if necessary, and the changes will be notified on the Art Terms Platform.
Article 9 (Online Payment Service)
① All online transaction shall be dealt with US dollars, and the Seller-member shall provide the online purchase price in US dollars.
② The Company provides payment service between the Seller-member and the User-member but gives no warranty on any product traded by the Seller-member and the User-member.
③ Upon knowing that any sales were completed other than online purchases, the Company is entitled to charge the fees for such sales on the Seller-member.
Article 10 (Halt of Service)
① The Company may temporarily halt the service in the event where the provision of service becomes impossible due to reasons beyond the Company’s control including any technical errors, any cause attributable to a third party such as key telecommunications service provider, natural disaster, a state of national emergency.
② When the Seller-member’s use of service falls under any of the following cases, the Company may cease the provision of service or terminate the service use agreement without prior notice:
1. When the member conducts any act violating the member’s obligations stipulated herein;
2. When requested by investigative authorities for purpose of investigation, or when decided or requested by institutions such as Korea Communications Standards Commission, Seoul Electronic Commerce Center to limit the service;
3. When the Seller-member’s use of service becomes the cause of overloads of the total service system; and
4. When it is deemed that there exists a breach of this Agreement or the Company’s other service agreement and policies, which causes or may cause damages to the Company or other members.
③ In the halt of service provision by the reasons in the subparagraph 1 or 2 of the preceding paragraph, concrete standards of the halt of service shall be determined by the Operation Policy.
④ If any product registered by the Seller-member has no sales history or if there exists no history of the Seller-members data management, the Company may delete the product information registered by the Seller-member with a notice in accordance with the methods in paragraph 5 for smooth operation of the service.
⑤ When halting the service pursuant to this Article, the Company shall notify this by using the methods such as Art Terms Platform or emails; provided, however, that in the case of technical errors, an ex post facto notification may be made.
Article 11 (Rights and Obligations of the Company)
① The Company shall exert its best effort to provide consistent and stable services in accordance with this Agreement.
② When any complaint or service issues raised by the Seller-member is deemed justifiable, the Company shall resolve such issues preferentially, and if there are any difficulties in the prompt resolution, the Company shall inform the Seller-member of any reason and processing procedures thereof.
③ The Company may use any product information registered on the service by the Seller-member within the scope of Article 7(1) hereof and for the purpose of advertising the service itself, and may further modify and edit the information for further utilization.
④ The Company may utilize any information on the advertising and sales effect derived from the Seller-member’s use of service for the purpose of preparing statistical data and applying such information to the Company’s other services used by the Seller-member.
⑤ The Company may provide the materials pertaining to the Seller-member’s use of service to public institutions such as investigative authorities without a consent of the Seller-member, if requested by such institutions by due process of relevant laws.
⑥ The Company may delete any information registered by the Seller-member without a prior notice to the Seller member if such information is deemed falling under illegally gathered information or is requested to be deleted from related institutions such as Korea Communications Standards Commission, or if the Seller-member is deemed to be using the service for any purpose other than this Agreement.
⑦ To provide stable services, the Company may set the limit on the number of products available for sales (including both product on sale, product on waiting) for each Seller-member based on the amount of transaction, and the details thereof shall be specified in the Operation Policy.
⑧ Based on the Company’s objective, that is to provide a market where users can find what they look for, any details regarding the searches on the service, shape of search list, batch installation, etc. for the Art Terms service shall be entirely decided by Art Terms, and the user’s search query, preference and interest, description of items, list type, price information and locations, previous users and/or any service in relation to the seller’s activity and history may change depending on various factors. Thus, in order to support positive user experience, some lists may not appear on the partial search and the search result of the service, regardless of the sort order or filter settings selected by the Seller-member.
Article 12 (Rights and Obligations of Seller-member)
① The Seller-member shall provide the following matters in a way the User-member can easily understand them in the process of requesting any purchase.
1. Any and all information provided in relation to each artist shall be truthful and correct, and all information and settings of the service shall be updated in order to be kept up-to-date, as occasion demands.
2. Information on each artist’s works shall be entered correctly and truthfully, and in case where any text or image uploaded by the Seller-member contains wrong information, Art Terms (admin) is authorized to edit (modify and delete) such inadequate information.
3. Apart from the information which can be provided by the Seller-member, the Company holds a right to post any information on artists which have been prepared and edited at the Company’s discretion.
② The Seller-member shall send tax subject to each item’s sales which incur in transactions with the User-member to an appropriate tax authority, and the Seller-member is bound to collect, report or transfer the tax.
Article 13 (Notice)
① The Company may use email address, telephone (mobile) number, address, a consent box at the time of login into Art Terms Platform provided by the Seller-member as a means to give a notification in connection with this Agreement.
② For notifications to the entire Seller-member, the Company may replace the notice in the preceding paragraph by posting a notice on the first page of the Art Terms Platform for not less than seven (7) days; provided, however, that for any matters significantly influencing the Seller-member’s use of service, the notice shall be made by using not less than two (2) means described in the preceding paragraph.
③ The Seller-member shall provide information via email, (mobile) telephone number and address which are actually available, keep such information up-to-date, and check the Company’s notice thereon.
④ The Seller-member shall not be subject to any protection for disadvantages from his/her negligence on the obligations of the preceding paragraph.
Article 14 (Prohibitions of the Seller-member)
The Seller-member shall not conduct any of the following activities. If having violated the aforementioned, the Company may take an action such as to suspend the use of service and/or to terminate the service use agreement. Detailed standards on the suspension of service shall be specified in the Operation Policy.
① General Matters
1. Act of posting and linking pernicious information such as indecent and false information through the service;
2. Act involved in criminal actions and in breach of other relevant laws and regulations;
3. When others and the Company get damaged due to hacking, spreading of computer virus, server attacking, etc.;
4. Act of transmitting plenty of information with the purpose of interfering the stable operation of the service or of transmitting advertising information against the intent of a recipient;
5. Act of using the service for purposes other than online sales;
6. Act of using the service for any event or advertisement purposes which is not directly associated with the sales activities on Art Terms service;
7. Any and all acts which may disturb or cause malfunctions in the Company’s service; and
8. Act of transferring, giving or offering as security any right and obligation pursuant hereto to others without prior written consent.
② Prohibitions Related to the Product’s Registration and Sales
1. Act of illegal transaction such as to falsely disguise any goods or services or to purchase the Seller-member’s own products by using the IDs of his/her family members or acquaintances;
2. Act of infringing others’ intellectual property rights such as to use others’ trademark or logo without any permit;
3. Act of using any trade name irrelevant to the products or dually using the names when registering the product;
4. Act of falsely indicating or not marking the manufacturer, place of origin and brand name when registering the product;
5. Act of using others’ original contents without permission including any image or text created by others or any photo filmed and produced by others;
6. Act of infringing the rights of portraits and names of others such as by using the photos of celebrities;
7. Act of selling any product in breach of the relevant laws or without obtaining qualifications as a seller;
8. Act of deceiving any transaction generated off-line or from other websites as if the transaction had been generated online in order to utilize the Company’s payment system for the purpose of unfairly collecting coupons and royalty points provided by the Company, or act of re-ordering and sending the products when the transaction thereof has already generated on the other website; and
9. Act of registering the product through illicit means such as by falsely registering the product’s category.
Article 15 (Protection of Intellectual Property Rights and Report on the Rights Infringement)
① When using a third party’s intellectual property right, the Seller-member shall obtain the permission from the right holder and shall not infringe general intellectual property rights of a third party in connection with the registration and sales of the product including trademark right, patent, rights of name and portrait.
② If any third party claims right infringement for the product and other information registered and utilized by the Seller-member, the Company may take measures such as to delete the relevant information and limit re-registration thereof.
③ With respect to the preceding paragraph, the Company may request any explanatory materials to the Seller-member, and the Seller-member shall fully cooperate with this; provided, however, that any material submitted by the Seller-member is not the one officially acknowledged by the Company such as a court’s final judgment, the Company may maintain the state of product deletion or limit on registration.
④ In the event of any dispute raised by a third party with respect to any information registered on the service, the Seller-member shall indemnify the Company and compensate for any loss and damage incurring therefrom.
Article 16 (Protection of Acquired Personal Information)
① The Company shall not use personal information of others such as the User-members which was acquired from the use of the service, for any purpose other than as stipulated herein, nor shall not disclose the information to the public such as by providing it to a third party; and the Seller-member shall thoroughly protect the information according to the relevant laws and regulations.
② The Company may leave any personal information of the User-member which is open to the Seller-member for delivery purpose closed after lapse of substantial time in accordance with the Company’s policy.
③ In the event of any dispute raised by the User-member due to any infringement of this Article by the Seller-member, the Company shall indemnify the Company at his/her own effort and expenses, and shall bear any and all civil/criminal responsibilities.
Article 17 (Usage and Sales Management of Art Terms Platform)
① Registration and sales of the product through the service shall be valid upon the Company’s approval on an application for the Seller-member, and the Seller-member shall directly register and manage any information on goods and services through the Art Terms Platform.
② The Seller-member is obliged to manage and operate, in good faith, the sales and advertisement of the products through the service not to violate general laws and this Agreement
③ The Seller-member shall properly manage the data on the matters frequently changeable such as the number of product in stock through the Art Terms Platform and shall not enter false data on the Art Terms Platform.
④ The Seller-member may use the Art Terms Platform within the purpose set by the Company as an order checks and delivery processing and shall not provide to a third party any data provided by the Art Terms Platform for any reason other than as stipulated in the relevant laws and this Agreement.
⑤ The Seller-member is responsible to manage login information (ID and Password) of the Art Terms Platform, and the Company shall not bear any responsibility for the damages arising out of or in connection with the loss of login information and a third party use thereof due to the reasons attributable to the Seller-member.
⑥ The Seller-member shall fully cooperate in case the Company requests the submission of any information and evidential materials as needed for the operation of the service.
⑦ The Seller-member shall fully cooperate with the User-member’s request for the issuance of tax invoice, etc.
⑧ The Seller-member shall faithfully and accurately give answers to the inquires of the User-member, and any responsibility and obligation arising out of the Seller-member’s incorrect or faithless answers shall be covered by the Seller-member him/herself. Further, in case of continuous dispute raised by the User-member due to any breach of this paragraph, the Company may halt the Seller-member’s use of the service or terminate this Agreement.
⑨ The Seller-member shall be fully aware of the operation policy of the service and notification where any instruction is posted or informed through the Art Terms Platform. For any and all damages incurred for not having confirmed this shall not be borne by the Company.
Article 18 (Products Ineligible for Transaction)
① If any registered item falls under the product ineligible for transaction pursuant to the paragraph 3 of this Article which is not appropriate for online sales and distribution, the Company may delete, cancel or suspend the registration of such product by its authority or at the request of the right claimant.
② If the registered item is against the laws or this Agreement, harms the public order and good morals, is associated with the manipulation of laws or bears such purposes, or if required by the Company’s policy, the Company may ex officio delete, cancel and suspend such item.
③ The following products ineligible for transaction are prohibited from selling and any responsibility for selling the products ineligible for transaction shall be borne by the Seller-member who registered such product.
1. Product with false and exaggerated advertisement
2. Product infringing others’ rights such as intellectual property rights (trademark right, copyright, etc.)
3. Obscene materials, etc. banned to be distributed in the relevant laws
4. Stolen goods or lost property obtained
5. Product of which the sales were decided (requested) to be halted or suspended by relevant institutions
6. Product against the public order and good morals
Article 19 (Delivery of Products)
① Upon the completion of payment by the User-member, the Company shall take a measure so that the Seller-member can confirm the order information; the Seller-member shall wrap the product in proper packages to prevent any damages according to the order information and shall commission a delivery-proving and traceable distribution agency (delivery service provider) to deliver the product.
② The Seller-member shall send out the product within seven (7) business days from the date of payment (if the Seller-member has separately set the delivery terms, such terms shall be conformed), and provide the evidence that the shipment was completed by entering the relevant data such as invoice number on the Art Terms Platform.
③ If the Seller-member fails to send out the product within the set period in the preceding paragraph, the Seller-member shall enter the cause of delayed shipment and expected date of shipment using the functions of informing late delivery on the Art Terms Platform. In case when not informing the late delivery or exceeding the expected date of delivery entered in the process of informing the late delivery, the Company shall give penalties to the Seller-member and the buyer will be given a refund for the order in issue when requesting the cancellation of order; provided, however, that if the Seller-member has set the separate terms for delivery, the provisions of this paragraph may not apply.
④ In the event where the User-member fails to normally receive the product due to errors in shipping address made by the Seller-member without any reason attributable to the User-member, or where any defect was detected in the process of the product’s delivery, the Seller-member shall bear any and all responsibility therefrom.
⑤ In the event of late delivery or cancellation of the transaction due to failures in delivery, without any reasons attributable to the User-member, the Company may give penalties to the Seller-member.
⑥ In the event of any dispute with the User-member arising out of the product’s delivery, the Company may request the proof of completion of delivery to the Seller-member, and the Seller-member shall submit the relevant materials within seven (7) days from such request.
⑦ All responsibilities for any damages and general problems incurred on the User-member and the Company because of the Seller-member’s not having submitted the aforementioned evidential materials or entering the wrong shipping address shall be borne by the Seller-member, and the Company may give penalties to the Seller member.
⑧ The Seller member may ship out the product by selecting options among a direct delivery for which tracking is not available, or direct pick-up from the User-member. However, in case of any claim arising out of no evidence or tracking of the delivery, the Seller-member shall provide the evidential materials for the product delivery.
Article 20 (Cancellation, Return, Exchange, Refund)
① Upon knowing that it would be difficult to supply the product ordered by the User-member, the Seller-member shall immediately notify the User-member and the Company of such circumstances and cancel the order after obtaining the consent from the User-member, while cooperate with the Company to proceed with the refund of payment and other required measures within three (3) days from the User-member’s payment.
② In the event where three (3) business days have passed in the state of order confirmation from the date of payment; the expected delivery date exceeded the date entered in the process of informing the late delivery; or the Seller-member’s failures to comply with the separate delivery conditions led to the User-member’s cancellation, such order shall be automatically subject to a refund; provided, however, that if the product is on the way of delivery, the return process rather than cancellation shall be followed.
③ The Seller-member shall give a refund or take any measure needed for the refund within three (3) business days from the receipt of returned product. No action ever taken by the Seller-member within three (3) business days may lead to the automatic refund.
④ If the User-member shall be charged for return for any return due to the User-member’s simple change of mind, the Seller-member may directly request an additional payment for the charges.
⑤ For any return or exchange by the reasons such as defects or wrong delivery which are not attributable to the User-member, the Seller-member shall not impose any delivery fees on the User-member, and the collectible delivery fees that were additionally paid by the User-member who made an advance payment for return charges at the time of sending out the returned product shall be paid back upon the request of the User-member.
⑥ The User-member may request a return of the product within seven (7) days from the completion of delivery, and the Seller-member shall offer return or exchange if the User-member makes a request within the set period; provided, however, that the following cases shall be excluded: if the product is destroyed or damaged due to reasons attributable to the User-member; if the User- member has used the product or the value of the product has significantly decreased by partial; consumption; if duplicable package of the product has been damaged; if the product is manufactured in a customization manner, thus the return or exchange of such product is expressly limited and the User-member has consented thereto; and if the return is restricted by other laws and regulations. Further, when the product is different from what was displayed or advertised, the Seller-member shall return or exchange the product within ninety (90) days from the receipt of the product or thirty (30) days from the date when such fact was recognized or could have been recognized, upon the request of the User-member.
⑦ The Seller-member shall make necessary measures on the request of return by frequently checking the Q&A section, Art Terms Platform and telephone. Not having checked the request of return through the O&A section or Art Terms Platform shall be acknowledged as a fault of the Seller-member, and the Seller-member shall not reject the request of return by stating that the User-member has not had prior consultation with the Seller-member.
⑧ In the event where the Seller-member tries to limit the User-member’s withdrawal according to the extent specified in the Act on the Consumer Protection in Electronic Commerce, etc. (the “E-commerce Act”), the Seller-member shall post the reasons of limitation on a product detail page, etc. which can be easily confirmed by the User-member.
⑨ The Seller-member shall accurately inform the User-member of any matters on withdrawal and return process in accordance with the relevant laws including the E-commerce Act, at time of initial delivery for the product subject to a self-delivery such as through logistics and direct delivery.
⑩ The Seller-member shall fill in the correct reasons of cancellation and return of the orders, and in the event of any claim in connection with this, the Seller-member may be given some penalties.
⑪ If the User request an exchange or refund after receipt of the product, the Seller-member shall exchange/refund the product after receiving the returned product or take a measure as needed for a refund pursuant to the relevant laws; additional expense incurred shall be covered by a party who is responsible for such exchange or refund.
⑫ In the event of any defect in the product, the Seller-member shall recall (repair, exchange, refund) the entire products and bear any and all expenses incurred by the recall.
⑬ In cases where the products are not smoothly collected because of the Seller-member’s failures in settings even though the User-member has already requested a cancellation of order, exchange or return, the Company may designate another logistics agency in charge of return and exchange; provided, however, that the Seller-member may at any times change the logistics agency in charge of exchange and return through the Art Terms Platform.
⑭ The Seller-member shall take necessary action to ensure smooth delivery and the conclusion of cancellation/return/exchange of the ordered product within ninety (90) days from the date when the order was placed. If the order fails to be normally processed within ninety (90) days from the date when the order was placed, the Company may at its own discretion finalize the purchase or cancel the order and refund for the finalization of the dealing relationship unless the aforementioned is explicitly contrary to the intent of the Seller-member, and the relevant details shall be notified to the Seller-member fifteen (15) days prior to such measurement. The Seller-member may raise an objection thereto if he/she does not want such measurement.
⑮ When the User-member raises a civil complaint on the order paid to the Seller-member by the measurement in the preceding paragraph, the Seller-member shall resolve such complaint in good faith.
Article 21 (Penalty and Halt of Membership)
① For promoting the stability and credibility of the transactions through the service, the Company may halt the membership or limit the service use of the Seller-member as prescribed herein.
1. Halt of membership and provision of disadvantages as penalties
A. The Company grants penalties after evaluating the transactions of the Seller-member. The Company grans the penalties based on the statement of sales refusal and the delays in delivery, return, complaint handling for a certain period of time as earlier mentioned by the Company, thereby providing regular benefits (or disadvantages) or halting the Seller-member’s membership based on such penalties.
B. The Company informs the Seller-member of detailed matters on the penalties through its Operation Policy.
2. Halt of service due to breach of the usage policy such as by conducting unfair transaction or registering products ineligible for sales, or other illegal and unjust acts
② The Company may halt the membership of the Seller-member or limit the Seller-member’s use of the service if there are considerable grounds to suspect that the Seller-member has breached this Agreement, the Company’s Operation Policy and other related laws, or otherwise violated others’ rights or conducted any illegal and unfair acts.
③ Concrete standards for the halt and suspension against the Seller-member shall be determined in the Operation Policy.
Article 22 (Settlement)
① When the payment for products on service is paid and its delivery is finalized, the Company shall pay to the Seller-member the remaining amount (the “Settlement”) as a monthly adjusted payment on every following month after deducting the service fees, outstanding payment for the Company, and other payables to the Company from the sales payment in accordance with the policy.
② Settlement shall be made through wire transfer. The holder of the deposit account as designated by the Seller-member shall be the same person with the Seller-member in principle. Any settlement generated after the Seller-member’s withdrawal from the service shall be paid to the deposit account most recently designated by the Seller-member before the withdrawal.
③ The Seller-member shall prove the completion of delivery by attaching the evidential materials twenty (20) days after the date when the product was purchased.
④ If a wire transfer cannot be made due to any errors in the account information, system errors or suspension of service use, etc., the settlement of the adjusted amount may be put on hold.
⑤ The Company may request a consent on the collection and usage of the resident registration number (foreign registration number in case of foreigners, hereinafter, “Resident Registration Number, etc.”) for issuance of invoices and the payment of the settlement.
Article 23 (Postponement of Settlement)
① The Company may deduct any expenses such as losses incurred by the Company and the User-member due to reasons attributable to the Seller-member when calculating the sales payment and may deposit some amount equivalent to a certain ratio of the Seller-member’s sales payment for a certain period of time after the termination of the agreement with the Seller-member and use such amount in the payment of relevant expenses for any claims raised by the User-member such as refund and exchange, etc.
② If there is a court’s decision rendered at the request of a creditor of the Seller-member such as a provisional seizure, seizure, and an order of collection against the sales payment, the Company may cease the settlement of the sales payment until the said decision is lifted by mutual agreement between the Seller-member and his/her creditor or by repayment of the debts, etc.
③ If the Seller-member has violated the provisions herein or there are reasonable grounds to deem that the Seller-member has done so, the settlement for the sales payment may be postponed for a certain period for any processing or cancellation of the transactions.
④ If stipulated in the laws other than the provisions of this Article or provided by any reasonable grounds, the Company may postpone the settlement of sales payment in whole or in part for a certain period by giving a notice to the Seller-member, or may set off with the Company’s payables to the Seller-member.
Article 24 (Payment Protection Service)
① The Company shall provide a payment protection service consisting of receipt, storage and transfer of the payment (the “Payment Security Service”) in the process of providing the Art Terms service.
② The Payment Security Service provided by the Company shall apply every transaction through the service; provided, however, that if the Seller-member proceeded with the direct transaction without using the Payment Security Service, the Company shall not bear any responsibility.
③. Any matter arising out of or in connection with the transactions or products without using the Payment Security Service provided by the Company or the transactions generated after the conclusion of the Payment Security Service shall be resolved through mutual consultation between the Seller-member and User-member.
④ The Seller-member shall consent to the use of Payment Security Service and any rules thereof in using the service provided by the Company.
Article 25 (Art Terms Royalty Points, Coupons)
① The Company may issue Art Terms royalty points and coupons in accordance with the Company’s procedures and separate agreements.
② The Company may set a limitation on the issuance of the royalty points and coupons which is contrary to the Operation Policy of the Company.
③ When settling the relevant transaction, the Company shall make payment to the Seller-member by calculating the amount discounted by the Art Terms royalty points or coupons which were used by the User-member; provided, however, that if there any expenses payable from the Seller-member pursuant to the paragraph 1-subparagraph 2 of this Article, the Company may make payment after deducting such amount.
④ If the User-member uses the Art Terms royalty points, etc. for purchasing the Seller-member’s product through a channel service, the Company may deduct from the amount of settlement for the Seller-member, any service fees which were notified to the Seller-member from the Company through the Art Terms Platform.
⑤ The Seller-member may check the amount of settlement on My Page.
Article 26 (Termination of the Service Use Agreement)
① In the event of the following causes, the Company may terminate the service use agreement as entered into in accordance with the Article 5 hereof:
1. If any party violated this Agreement and the Company’s Operation Policy and does not correct such violation within seven (7) days from the request of correction from the Company;
2. If fulfillment of the service use agreement became impossible due to the financial institution’s halt of transaction such as seizure and provisional seizure, institution of reorganization and bankruptcy proceedings, administrative dispositions such as business suspension and revocation of permission, preservative measures for major assets, business transfer and consolidation, etc.;
3. If any breach of the relevant laws or other causes attributable to the Seller-member led to tangible/intangible losses to the Company including damages on reputation;
4. If any cause to reject the approval in the Article 5(4) was confirmed; and
5. If the need to terminate the service use agreement is acknowledged by the Company based on reasonable grounds.
② In the case of termination pursuant to this Article, the Company shall notify the Seller-member by the methods specified in the Article 11. In such a case, the Company shall provide the Seller-member with an opportunity to raise an objection for a certain period before the termination; provided, however, that in case of falling under the subparagraphs 1 and 2 of the preceding paragraph, and if otherwise provided by this Agreement and Operation Policy, the separate period for raising an objection may not be granted.
③ In the event where the Seller-member wishes to terminate the service use agreement pursuant to this Agreement, the Seller-member shall request the withdrawal from membership through the Art Terms Platform by filling in the cause of termination. If there is any on-going transaction, inquiry or civil complaint or if the membership had been suspended pursuant to the Article 19 hereof, the request of withdrawal shall not be made. In such a case, the Seller-member may request to leave or terminate the service use agreement as determined by this Agreement and the Operation Policy only after the Seller-member completed the processing of relevant matters.
④ Despite the termination, the Seller-member shall take every measure needed for any delivery, exchange and refund of the unclosed orders until the termination, and the provisions pertaining to the Seller-member’s responsibilities for any product already sold prior to the termination shall continue to be valid.
⑤ Termination pursuant to this Article does not affect any pre-existing legal relationships between both parties as well as the rights to the damages claim.
Article 27 (Confidentiality)
① The Seller-member shall not disclose any information obtained in connection with the use of the service such as user information without the Company’s consent nor shall use such information for any purpose other than as specified in this Agreement.
② The obligation of the preceding paragraph shall survive the termination of the service use agreement.
Article 28 (Prohibition of Transfer)
① The Seller-member shall not transfer or provide as a collateral to a third party, any and all rights and obligations hereof without the Company’s prior written consent.
② When the Seller-member breaches this Article, the Company shall be entitled to refuse the provision of the services and may terminate the service use agreement against the existing Seller-member.
Article 29 (Compensation for Damages)
If either the Company or the Seller-member breached the provisions hereof with either party’s obvious faults, causing damages on the other party or other members, the breaching party shall bear the responsibility to compensate for such damages.
Article 30 (Indemnification of the Company)
① The Company only provides a transaction system for online sales between the User-members and Seller-members. In the event of any dispute arising in connection with the information on goods and services registered by the Seller-member or with the transaction with the User-member, the Company shall not engage in such dispute, and all responsibility for the result of such dispute shall be borne by the Seller-member. Further, in the event of any civil or criminal action filed by a third party against the Company, the Seller-member shall fully cooperate to solve the problem and compensate for any loss incurred by the Company, if any; provided, however, that the Company may exceptionally be involved in the disputes through Safe Transaction Center (including a customer service center) as established and operated by the Company for the purpose of reasonable and smooth mediation of the disputes. The Seller-member shall fully respect the decisions of Safe Transaction Center in the principle of good faith.
② The Company may delete or modify the information regarding the products and services if requested by the legitimate right holder, and the Seller-member may not claim any compensation for damages therefrom.
③ The Company may provide the User-member with the methods of accessing the information of the Seller-member based on the relevant laws and regulations. The Seller-member shall bear any and all responsibilities arising out of not specifying or falsely specifying such information.
④ The Company may temporarily suspend the provision of the sales service in occurrence of such causes including the maintenance, inspection, replacement, failures, disconnection of the communications facilities, i.e. computers. The Company shall not bear any responsibility unless such responsibility arises as a consequence of the Company’s willful conduct or gross negligence.
⑤ For any damages caused by the Seller-member disclosing or providing others with his/her own personal information or login information on the Art Terms Platform, the Company shall not bear any responsibility.
⑥ For any other damages caused on the Seller-member by neglecting the obligations of confirming the relevant laws, any change to the service use agreement provided by the Company and other separate agreements, and the notice for the Seller-member, the Company shall not bear any responsibility.
Article 31 (Court of Jurisdiction)
In the event of litigations filed against the Company with respect to this Agreement, each service use agreement between the Company and the members, and any disputes among the members, the court having jurisdiction over a place of the Company’s principal office shall be the competent court of jurisdiction.
Article 32 (Application of the Agreement)
This Agreement shall apply mutatis mutandis to the Terms and Conditions for the Art Terms Sales Service unless otherwise provided herein.
※ In case of any discrepancies between English version and Korean version, Korean version shall prevail.
This Agreement shall be valid from May 7, 2019
For Korean version https://drive.google.com/open?id=1Arh8p9xOcO-4GrPe9ZBq6fiyUkv9K5_i