Delegated Purchasing Agency Standard Terms
Standard Terms and Conditions No. 10075
(Enacted on October 14, 2016)
Article 1 (Purpose) These terms and conditions are for the purpose of stipulating the rights, duties, responsibilities and procedures between the company and the user in using the service related to the delegation purchase agency (hereinafter referred to as the “service”) provided by “82SHOPPING”. do.
Article 2 (Definition) The definitions of terms used in these terms and conditions are as follows.
1. The “mall” is set up so that the company can trade goods or services using information and communication facilities and information communication networks to provide users with goods or services that can be purchased in Korea in accordance with these terms and conditions. It refers to a virtual business place, and is also used in the sense of a company that operates a “mall”.
2. “User” refers to a person who uses the services provided by the company.
3. “Delegated purchasing agency” means a service that the company provides for purchase-related business processing when a user requests the company to purchase goods, etc.
5. “Purchase agency fee” means the service usage fee charged by the company to the user in exchange for providing the delegated purchasing agency service.
6. “Inspection” refers to a service that checks the omission, defect, or damage of goods, etc. for which the user has applied for purchase, according to the standards set by the company.
Article 3 (Provision of Service) The company may handle the following tasks as a duty of care of a good manager for users.
1. Search for the goods requested by the user and provide details of purchase agency costs
2. Conclusion of a sales contract with an overseas business operator for the goods, etc. applied for purchase by the user and payment of the purchase price
3. Receipt, inspection, packaging and international transportation of goods, etc.
4. On behalf of overseas local returns, exchanges and refunds
5. Customs clearance process
6. Representation of international return shipping, exchange and refund procedures
7. All affairs related to the purchase of other goods, etc.
Article 4 (Restriction on Service Use)
① If the user's request for service use falls under any of the following subparagraphs, the company either refuses to provide the service or obtains the user's consent (however, after notification if there are circumstances in which it is impossible to obtain the user's consent), the relevant goods, etc. may be arbitrarily disposed of or returned at the user's expense.
1. In case of false, omission, or error in the application details
2. If the provision of the service requested by the user is significantly difficult due to the company's management or technical reasons
3. When it is judged that the user is using the service for an illegal or unreasonable purpose
4. Animals, gold and silver ingots, currency, pharmaceuticals, weapons, parts of the human body, pornography, precision metals, stones, refrigerated goods, goods requiring freezing or refrigeration, explosives, flammable dangerous substances, etc.
5. Goods whose import and export is prohibited by laws and regulations of import and export countries, including transit countries.
6. Goods prohibited from being transported under the carrier's terms and conditions of carriage
② In the event of refusal to provide services in accordance with the preceding paragraph, the company must notify the user of the reasons and grounds for refusal.
Article 5 (Establishment of Contract)
① The company will notify you of receipt confirmation if there is an application for purchase by the user. The receipt confirmation notice must include application information such as application details, amount, and address for receipt, as well as information on correction or cancellation of the purchase agent application.
② A purchase agency contract is established when a user requests to purchase goods, etc., and the company notifies whether the purchase is possible on a proxy basis, presents a purchase agency fee, receives the user's subscription, and the company's acknowledgment notice reaches the user.
③ A user who has received a notice of receipt may request the Company to change or cancel the purchase proxy application without delay if there is any discrepancy in expression of intent, and the Company shall process the request without delay. However, if the fee has already been paid, the provisions regarding withdrawal of subscription, etc. in Article 11 shall apply.
Article 6 (Purchase Agency Expenses and Post-Settlement)
① Purchase agency fee is not charged when payment is made in Korean Won, and exchange rate fee and 5% agency fee are added when payment is made in USD. The purchase agency fee does not include the shipping fee required for overseas shipments.
② When purchasing goods, if the domestic shipping fee and the cost of optional options for each product are added, they are included in the overseas shipping fee.
③ When there is a change in the billed amount due to a discount event of an overseas business operator or a change in exchange rate, the company may notify the user without delay and refund the difference or claim additional costs.
④ In the event that there is a difference between the amount paid by the user and the actual cost incurred in performing the purchase on behalf of the Company due to product price change, tariff rate revision, item classification change, computer system error, exchange rate difference, etc. The company must notify the user in an easy-to-understand manner before concluding the contract of the fact that such a difference in amount may occur and that it must be settled afterwards.
Article 7 (Inspection)
① The company may open/inspect the goods for which the user has applied for purchase, to check whether the goods are identical, whether there are defects or damage, and whether the goods do not conflict with the import/export laws, etc. The company sets the standards and scope of inspection and notifies users in advance.
② If the company discovers the identity of the goods, etc., and whether there is any defect or damage, it is obliged to take measures such as requesting a return, exchange, or refund to the overseas business operator with the care of a good manager.
③ The company shall compensate for damages suffered by users due to defects in inspection. However, we are not liable for damages for defects outside the scope of inspection provided by the company and for defects in performance and function of goods, etc.
Article 8 (Repackaging and Additional Packaging)
① The company may repackage the goods, etc. with the consent of the user when inspecting the goods in accordance with Article 7.
② If the packaging is not suitable for transportation, the company may additionally pack it in consideration of the degree of impact that may occur during transportation with the consent of the user. If additional packaging costs are incurred during this process, the company may charge an additional fee to the user.
③ In the case of paragraphs 1 and 2, the company must notify the user that there is a possibility that returns and refund requests may be restricted due to repackaging.
④ If the user does not agree to the additional packaging in Paragraph 2, the company is not responsible for any damage caused by improper packaging or insufficient packaging. However, this is not the case in the case of intentional or gross negligence of the company.
Article 9 (Customs clearance)
① The company performs the customs procedures through the transportation and customs consignment company designated by the company. Customs duties, VAT, and other taxes (hereinafter referred to as “duties, VAT, etc.”) incurred at this time are borne by the user or the consignee. If the user does not pay customs duties, VAT, etc., the company will not deliver the goods.
② The company complies with the relevant laws such as customs laws of import and export countries, does not handle illegal goods, etc.
Article 10 (Emergency Measures)
① The company does not guarantee whether goods, etc. can be customs cleared in accordance with the customs regulations of the import/export country.
② The company delivers the goods to the competent authority if there is a legitimate request for delivery based on the relevant laws such as the competent authority due to the user's responsibility for the goods, etc. In this case, the company will notify the user without delay.
③ Even if the user has suffered damage due to the measures in the preceding paragraph, the company is not responsible for the damage, and even in this case, the user's obligation to pay the service fee and related expenses for the goods, etc., continues.
④ In the event that the competent authority in Paragraph 1 returns goods, etc., the company shall continue to perform the obligations under the purchase agency contract without delay.
Article 11 (Criteria for withdrawal of subscription and refund)
① In the event that the user withdraws from the purchase agency contract after the user has applied for purchase and before the company concludes a contract for the sale of the goods for which the purchase agent has been applied, the company shall pay the purchase agency fee paid in advance by the user. must be refunded in full.
② After the company concludes a contract for the sale of goods for which the purchase agent has been applied, the user cannot cancel the subscription of the purchase agent contract. In this case, the company must present to the user data proving the date and time the sales contract was concluded.
③ In the case of Paragraph 2, the user cannot claim a refund of the purchase agency fee from the company. However, only if the user has expressed his/her intention to withdraw the subscription to the company and agrees to the return and refund, the company shall return the goods at the user's expense and refund the refunded amount to the user. In this case, the company must present evidence of expenses necessary for the return of goods, etc.
④ In the case of Paragraph 2, if the seller does not agree to the return and refund of the goods, etc., the company must set a period of one month or more to the user and give instructions on the disposal of the goods, etc. within the period.
⑤ The company shall, in advance, take measures such as indicating where the user can easily understand the case where the withdrawal of subscription of the purchase agency contract is restricted or providing a trial product. Not limited.
Article 12 (Compensation for Damages)
① In the event of loss or damage to the goods, etc. in the transportation section from the delivery of the goods for which the Company has applied for purchase to the receiving place designated by the user, the Company shall provide the goods, etc. If you do not prove that you have not neglected to pay attention to the receipt, delivery, storage and other transportation of the service, you must compensate the user for damage caused by loss, damage, etc., based on the amount paid by the user. However, if the loss or damage of the transport is due to the intention or gross negligence of the company, the company must compensate for all damages.
② In the event of damage caused by the user entering inaccurate information, the Company shall not be held liable for any damages, except in the case of intentional or gross negligence of the company.
③ If there is a defect in performance or function of goods outside the scope of inspection provided by the company, the company is obliged to take measures such as requesting a return, exchange, or refund to an overseas business operator with the care of a good manager.
Article 13 (Grounds for Special Extinction of Liability and Prescription)
① The company's liability for damages for omission or damage to the shipment will expire if the user does not notify the company of the omission or damage within 10 days from the date of receipt of the shipment.
② Even if the company bears the liability for damages pursuant to Paragraph 1, this responsibility will expire when one year has elapsed from the date of receipt of the shipment by the user. However, if the shipment is lost, it will be counted from the date the user receives the notice of loss from the company.
③ Notwithstanding the provisions of Paragraphs 1 and 2, in the event that the Company or its user delivers the goods while knowing the fact of omission or damage to the goods, the Company’s liability for damages is the responsibility of the user or the recipient in the application for delivery. It lasts for 5 years from the date of receipt.
Article 14 (Dispute Settlement)
① The company installs and operates a damage compensation processing organization to reflect legitimate opinions or complaints raised by users and compensate for the damage.
② The company handles complaints and opinions submitted by users in preference to other matters. However, if prompt processing is difficult, the user must be notified of the reason and processing schedule without delay.
③ In the event that a user requests for relief from damages in relation to a dispute between the company and the user, it may be subject to mediation by the Fair Trade Commission or a dispute mediation agency commissioned by the Mayor/Do governor.
Article 15 (Competent Court and Governing Law)
① Litigation between the company and the user shall be based on the address of the company at the time of filing, and if there is no address, the district court having jurisdiction over the place of residence shall have exclusive jurisdiction. However, if the address or residence of the user is not clear at the time of filing, or if the user resides in a foreign country, the complaint shall be submitted to the competent court under the Civil Procedure Act.
② The law governing litigation between the company and Korean nationals or users who have offices in Korea shall be the laws of the Republic of Korea.