Article 1 (Purpose)
The purpose of this Terms & Conditions (the “Agreement”) is intended to set forth the rights, obligations and responsibilities of cyber mall in terms of using all the internet related Services (the “Services”) provided by the online mall (the “Mall”) operated by User Ermenegildo Zegna Co., Ltd. (as an e-commerce service provider).
※ This Agreement will apply mutatis mutandis to the e-commerce using PC communication and wireless to the extent that this Agreement is not against the nature thereof.
Article 2 (Definitions)
As used in this Agreement, the following terms will have the following meanings:
2.1 “Mall” means an imagery business place established by Ermenegildo Zegna where the Users can use and trade the goods by using information communications equipment so that Ermenegildo Zegna provides the goods or Services (the “Goods”) to the Users. In addition, the Mall also means the Service provider operating cyber mall.
2.2 “User(s)” means both members and non-members who receive the Services provided by the Mall hereunder by accessing the Mall.
2.3 “Member” means the person registered as a member in the Mall who can continue to use the Services provided by the Mall;
2.4 “Non-member” means the person using the Services provided by the Mall without becoming member
Article 3 (Indication, Explanation and Amendment of Agreement)
3.1 The Mall uploads the contents of this Agreement, name of company and representative, address of business office location (including the address where a consumer complaint can be handled), telephone number, fax number, e-mail address, corporate registration number, telemarketing business report number, and person in charge of personal information management on the first Service screen (front page) of the Mall enough to be easily noticed by the Users: Provided that, the contents of this Agreement may be seen by User through connected screen.
3.2 Before the User consents to this Agreement, the Mall will provide a separate page or pop-up page to the User for obtaining the confirmation of User so that the User can understand the important contents hereof including withdrawal of subscription, delivery responsibility, and condition of return.
3.3 The Mall may amend this Agreement to the extent that such amendment does not violate applicable laws including the ‘Act on Consumer Protection in Electronic Commerce Transactions’, the ‘Regulation of Standardized Contracts Act, the Framework Act on Electronic Commerce’, ‘the Digital Signature Act’, the ‘Act on Promotion of Communication Network Use and Information Protection’, the ‘Door to Door Sales Act’ and ‘Framework Act on Consumers’
3.4 If the Mall modifies this Agreement, it posts the amended Agreement expressly indicating the effective date and reason for amendment on the first page of the Mall for the period from 7 days before to the preceding date to such effective date: Provided that, if the Agreement is modified as disfavor to User, the Mall gives a public notice thereof at least 30 days prior to such modification.
3.5 If the Mall modifies this Agreement, modified Agreement will apply only for the agreement to be executed after the effective date thereof and, for the agreement which has been already entered into, the Agreement prior to such modification will apply: Provided that, if any User transmits to the Mall its desire to receive the application of modified Agreement within the period of public notice of modified Agreement as set forth in the foregoing Paragraph 3.3, the modified Agreement will apply.
3.6 Any matter which is not set forth herein or the construction of this Agreement will be determined by the ‘Act on Consumer Protection in Electronic Commerce Transactions’, the ‘Regulation of Standardized Contracts Act’, the ‘Guidelines on Consumer Protection in E-commerce’ determined by Fair Trade Commission, applicable laws, regulations or customary commercial practices.
Article 4 (Provision and Change of Services)
4.1 The Mall will carry out the following duties:
4.1.1 Provide the information of goods or Services and enter into a purchase agreement;
4.1.2 Delivery of goods or Service for which a purchase agreement is entered into; and
4.1.3 Other duties as designated by the Mall
4.2 In case of running out of goods or Services or changes in technical specifications, the Mall may modify the contents of the goods or Services to be provided under the agreement to be concluded in the future. In such event, the Mall will immediately notify in the place where the present contents of them is posted by indicating the modified content of the goods or Services and the date of provision thereof
4.3 If the Mall changes the content of Service to be provided by the Mall for which it enters into an agreement with the User due to causes such as running out of the Goods or changes in technical specifications, the Mall shall immediately inform the User of the cause thereof to the address available for notice.
4.4 Unless otherwise set forth herein, the Mall is liable for the damage incurred by the Users: Provided that this Paragraph will not apply to cases where the Mall can prove such damage arises without willful misconduct or negligence of the Mall.
Article 5 (Suspension of Service)
5.1 The Mall may temporarily suspend the provision of Services if any cause such as repair, inspection, replacement and failure of information communication equipment or loss of communication occurs.
5.2 The Mall will be liable for the damages incurred by the User or a third party caused by temporary suspension of provision of Service due to the causes as set forth in the foregoing Paragraph 5.1: Provided that this Paragraph will not apply to the cases where it is proven that such suspension has not been caused by either willful misconduct or negligence of the Mall.
5.3 In the event that the Services cannot be provided for reasons of conversion of business items or abandonment of business and integration of the companies, the Mall shall inform to the User in the way as set forth in Clause 8 and compensate to consumers in the condition presented by the Mall at the beginning: Provided that, if the Mall fails to inform the standard of such compensation, the Mall will pay the User in kind or in cash equivalent to the value of currency which is used in the Mall including the mileage or savings of User.
Article 6 (Membership and Acceptance)
6.1 User applies for membership by entering the member information in the membership application form designated by the Mall and expressing his/her intent to consent to this Agreement.
6.2 Unless the User applying for membership under the foregoing Paragraph 6.1 falls under any of the following, the Mall will register such User as a member:
6.2.1 When the membership applicant has lost membership qualification before under Paragraph 7.3 hereof except for cases where 3 years lapsed from such loss of membership qualification and such applicant obtains approval of rejoining membership of the Mall
6.2.2 When any content of registration is false, omitted or incorrect
6.2.3 When it is considered that the registration as a member is strikingly disturbed in terms of the technology of the Mall.
6.3 The time of formation of membership agreement is deemed as the time when the approval of Mall is delivered to the member.
6.4 If any change is made on the matter registered while becoming a member, the Member shall inform the Mall of such change such as correction of member information within reasonable period.
Article 7 (Withdrawal of Membership and Disqualification)
7.1 Member may request for withdrawal to the Mall at any time and the Mall will immediately handle such membership withdrawal.
7.2 If any Member falls under any of the following, the Mall may restrict or suspend the membership qualification:
7.2.1 When Member registers false content while applying for membership
7.2.3 When Member fails to pay the liabilities owed by members related to the use of the Mall including payment for the Goods purchased by using the Mall on the payment date
7.2.4 When Member disturbs others in their using of the Mall or threats the order of e-commerce such as theft of information
7.3 If either the same act is repeated twice or more after restriction on or suspension of the membership qualification by the Mall or the cause for such restriction or suspension is not remedied, the Mall may make the User lose its membership qualification.
7.4 Upon User’s loss of member qualification, the Mall will erase the member registration and, in such event, the Mall will inform to the Member and give Member at least 30 days before the erasing of member registration so that the Member can explain thereof.
Article 8 (Notice to Member)
8.1 Upon notice to Member, the Mall may send the notice to the e-mail address as agreed and designated by the Mall and Member.
8.2 If the Mall gives a notice to many and unspecified Members, the Mall may substitute individual notice by posting on the bulletin board of the Mall for one week or more: Provided that, for the matter which may have significant impact on the transaction of the Member him/herself, the Mall will give an individual notice.
Article 9 (Application of Purchase and Consent to Provision of Personal Information)
9.1 The User of Mall applies for purchase in the following or similar way on the Mall and the Mall shall provide the following in a way that the User can easily know them in filing the purchase:
9.1.1 Search and select the Goods;
9.1.2 Enter the name, address, telephone number and e-mail address (or mobile phone number) of the recipient;
9.1.3 Check the content of Users Agreement, Service under which the right to withdraw subscription is restricted, cost bearing such as delivery fee and installation fee;
9.1.4 Consent to this Agreement and indicate to confirm or reject to the matters as set forth in the foregoing Subparagraph 9.1.3 (example, click on mouse);
9.1.5 Apply for purchase of the Goods and confirm such application or consent to the confirmation of the Mall; and
9.1.6 Select the payment method
9.2 If the Mall needs to provide a 3rd party with the Personal Information of the purchaser, the Mall shall inform the following to and obtain consent from the purchaser: 1) the person receiving the Personal Information, 2) the purpose of use of Personal Information of such person, 3) item of Personal Information to be provided, and 4) the period for retention and use of Personal Information of the person (the same applies to the case of changes in the matters to which the purchaser consents).
Article 10 (Formation of Agreement)
10.1 If the case falls under any of the following, the Mall may not approve purchase application: Provided that, the Mall must notify them that the minor can not purchase a goods.
10.1.1 When the content of application is false, omitted or incorrect
10.1.2 When a minor purchases any goods
10.1.3 When it is considered that the approval of purchaser application is strikingly disturbed with respect to the technology of the Mall
10.2 The agreement will be deemed as formed at the time when the approval of Mall arrives to the User in a form of notice with confirmation of receipt.
10.3 Any indication of intent to approve of the Mall shall contain the confirmation of User’s purchase application, whether sales is available or not, and the correction or cancelation of purchase application
Article 11 (Payment Method)
Any payment for the goods or services purchased in the Mall may be made in any of the following methods: Provided that, the Mall shall not add and collect any fees to the payment for the Goods under any name for the reason of the payment method used by User:
11.1 Various payments with a card including debit card and credit card
Article 12 (Modification and Cancellation of Notice of Receipt Confirmation and Purchase Application)
12.1 Upon purchase application of User, the Mall will give a notice of receipt confirmation to User
12.2 Any User receiving such notice may immediately request for modification and cancellation of such purchase application and, if such request is made prior to delivery, the Mall shall handle under such request without delay: Provided that, if the payment has been already made, the provision of Clause 15 (Withdrawal of Prescription) shall be complied by.
Article 13 (Supply of Goods)
13.1 Unless otherwise agreed on the period of supply of the Goods with User, the Mall will take necessary measures including customized orders and packing so that the Goods can be delivered within 6 days from the date of subscription of User: Provided that, if the Mall has already received the entire or part of the payment for the Goods, the Mall shall take action within 3 business days from the date of such receipt of payment and, in such event, the Mall shall take proper action so that the User can check the supply process and progress of the Goods.
13.2 The Mall indicates the delivery means, the person bearing the delivery cost by the means, and the delivery date by delivery means for the Goods purchased by User. If the Mall exceeds the agreed delivery date, the Mall shall be liable for the damage incurred by User: Provided that, this shall not apply to the cases where the Mall proves that such damage arises without willful misconduct or negligence of the Mall.
13.3 For any Goods sold to User and to be supplied from overseas countries due to non existence of inventory within the country, 3 months or more may be taken until such Goods are delivered.
Article 14 (Refund)
If any Goods which the User applies for purchase cannot be delivered or provided for reasons such as sold out, the Mall shall inform such reason to User without delay and, if the payment for such Goods has already been paid, shall cancel the payment immediately or take measures necessary for refund
Article 15 (Withdrawal of Subscription)
15.1 Any User who enters into an agreement for purchase of the Goods with the Mall may withdraw its subscription within 10 days from the date (If the supply of the Goods comes later than the date of receipt of written notice, this means the date of receipt of supply of Goods or the date of start of supply) of receipt of written notice on the content of such agreement as prescribed in Article 13(2) of the ‘Act on Consumer Protection in E-commerce’: Provided that, if otherwise prescribed in the ‘Act on Consumer Protection in E-commerce’, the provision of such Act shall apply.
15.2 Upon receipt of delivered Goods, if the case falls under any of the following, User cannot return or exchange such Goods:
15.2.1 When the Goods are lost and damage arising out of the fault of User (However, in cases that User damages the package for checking the content of Goods, the User may withdraw its prescription);
15.2.2 When the value of the Goods strikingly reduces due to the use or partial consumption of the User;
15.2.3 When the value of the Goods strikingly reduces so much that resale becomes difficult due to lapse of time; or
15.2.4 When the User damages the package of the Goods if the Goods can be reproduced into the Goods having the same performance
15.3 If the case falls under Paragraphs 15.2.2 to 15.2.4 and when the Mall fails to specify the fact of restriction on withdrawal of subscription in advance in the place easily visible to consumers or take measures such as provision of goods to be used, User’s withdrawal of subscription will not be restricted.
15.4 Notwithstanding the foregoing Paragraphs 15.1 and 15.2, if the content of the Goods differs from the details of mark and advertisement or the service is performed differently from the provision of agreement, User may withdraw subscription within 10 days from the date of receipt of such Goods or within 30 days from the date when such User knows or could have known.
Article 16 (Effect of Subscription Withdrawal)
16.1 Upon return of Goods from User, the Mall will refund the payment for the Goods which has been already paid within 5 business days. In such event, if the Mall delays in refunding such payment to User, the Mall will pay the overdue interests to be calculated by multiplying the overdue interest rate as prescribed in Article 21(2) of the ‘Enforcement Decree of the Act on Consumer Protection in E-commerce’ for the period delayed.
16.2 If the User pays for the Goods with credit card or e-currency as payment means, in refunding the payment, the Mall shall request the business operator providing such payment means to suspend or cancel the placement of invoice without delay.
16.3 In case of withdrawal of subscription, any cost for return of the Goods supplied shall not be borne by the User and the Mall will not claim for penalty for violation or damage for the reason of withdrawal of subscription: Provided that, if withdrawal of subscription is made because the content of the Goods differs from the details of mark and advertisement or the service is performed differently from the provision of agreement, the cost for return of the Goods supplied shall be borne by the Mall.
16.4 If User bears the cost for shipment of the Goods at the time of receipt of the Goods, the Mall marks enough to be easily visible to the User who will bear the cost.
Article 17 (Privacy Protection)
17.1 In collecting the Personal Information of User, the Mall collects Personal Information at the minimum to the extent that it is necessary for providing Services.
17.2 The Mall does not collect the information necessary for performance of purchase application in advance when it admits a new Member: Provided that, if identification is necessary prior to purchase application in order to perform the obligations required by the law and certain minimum Personal Information is collected, this Paragraph shall not apply.
17.3 In case of collection and use of the Personal Information of User, the Mall gives notice of the purpose and obtains consent from the User.
17.4 The Mall shall not use the collected Personal Information for another purpose other than the one of collection and, if the new purpose of use of Personal Information occurs or the Personal Information is provided to a 3rd party, the Mall will inform such purpose to and obtain consent from User unless otherwise required by applicable laws and regulations.
17.5 In the event the Mall obtains consent from the User under Paragraph 17.2 and 17.3, the Mall shall specify or inform the identity of person responsible for managing Personal Information (Dept., name, telephone number and other contact information), purpose of collection and use of information, matters on provision of information to 3rd party (person receiving information, purpose and content of such provision) as prescribed in Article 22 (2) of the ‘Act on Promotion of Communication Network Use and Information Protection’. User may withdraw this consent at any time.
17.6 User may request the Mall to allow access to or make correction the error of its own Personal Information and the Mall is obliged to take necessary measures without delay. Upon request of User for such making error correction, the Mall will not use such Personal Information until such error is corrected.
17.7 In order to protect Personal Information, the Mall shall limit the number handling the Personal Information of User at the minimum and be fully responsible for the damage incurred by User arising out of the loss, theft, divulge, provision or alteration to a 3rd party without consent of User ‘s Personal Information including credit card.
17.8 In the event that the purpose of collection or provision of Personal Information is established, the Mall or a 3rd party provided by the Personal Information shall destruct such Personal Information without delay.
17.9 The Mall does not set up the consent for collection, use and provision to be selected in advance. In addition, the Mall specifically states the Services restricted in case of rejection to consent of User and does not restrict or reject the provision of Services such as admission of membership for the reason of such User’s reject of consent to collection, use and provision of Personal Information which are not required items.
Article 18 (Obligations of Mall)
18.1 The Mall does not commit any act prohibited hereunder or in contrast to the public order and good morals and shall make its best effort in providing the goods and services continuously and stably.
18.2 The Mall shall have the security system for protection of Personal Information (including credit information) of User so that the User can use the internet service safely.
18.3 The Mall is liable for the damage incurred by User arising out of its certain indication and advertisement activities as prescribed in Article 3 of the ‘Act on Fair Indication and Advertisement’ regarding the goods and services.
18.4 The Mall does not send any profit seeking advertising e-mails not desired by User.
Article 19 (Obligations of Member on Member ID and Password)
19.1 Except for the cases as set forth in Clause 17 hereof, Member is responsible for managing its ID and password.
19.2 Member shall not allow a 3rd party to use its own ID and password.
19.3 If any Member is aware that its own ID and password is stolen or used by a 3rd party, Member shall promptly inform to the Mall and follow the guide of the Mall.
Article 20 (Obligations of User)
User shall not commit the following acts:
20.1 Register false entry at the time of application and modification;
20.2 Steal the information of others;
20.3 Change the information posted in the Mall;
20.4 Transmit or post any information (including computer program) other than the one designated by the Mall;
20.5 Infringe on the intellectual property right including copyright of the Mall or a 3rd party;
20.6 Act damaging the reputation or disturbing the business of the Mall or a 3rd party; or
20.7 Act disclosing or posting any obscene or violent message, image, sound or other information against public order or good morals
Article 21 (Relations between Connecting Mall and Connected Mall)
21.1 If the parent Mall and child Mall are connected with each other in hyperlink method (for example: the subject of hyperlink includes message, picture and video), the former is referred to as connecting Mall (web site) and the latter is referred to as connected Mall (web site)
21.1 Connecting Mall is not responsible for the guarantee to a transaction in cases where connecting Mall indicates its intent not to be responsible for guarantee for such transaction with User for the Goods which connected Mall independently provides in the first page or pop-up page at the time of connection.
Article 22 (Ownership of Copyright and Restriction on Use)
22.1 The copyright and other intellectual property rights (the “IPR”) to the artwork created by the Mall shall be reverted to the Mall.
22.2 User shall not use any information of the IPR of which is reverted to the Mall out of the information acquired by using the Mall for profit seeking in a way of reproduction, transmission, publication, distribution, broadcasting and others or allow a 3rd party to use without prior approval of Mall
22.3 If the Mall uses any copyright reverted to certain User under an agreement, the Mall shall inform to such User.
Article 23 (Dispute Resolution)
23.1 The Mall establishes and operates an organization handling damage compensation in order to reflect fair opinion or complaint raised by the User and compensate such damage.
23.2 The Mall handles first the complaint and opinion submitted from the User: Provided that, if it is difficult to handle promptly, the Mall will immediately inform the reason thereof and handling schedule to the User.
23.3 In the event that any application for relief filed by an User related to the e-commerce dispute between the Mall and the User, they may follow the mediation of dispute mediation institution which is requested by the FTC or the mayor of city and province.
Article 24 (Jurisdiction and Governing Law)
24.1 Any suit based on e-commerce dispute between the Mall and the User shall be settled by the district court having jurisdiction over the address of User as of filing such suit or, if such address does not exist, the residence of User: Provided that, if the address or residence of User is not identified or in case of an alien resident, such suit shall be filed with the court having jurisdiction under the Civil Procedure Act.
24.2 Any suit based on e-commerce dispute between the Mall and the User shall be governed by the laws of the Republic of Korea.
This is made in Korean and English. In the event of any conflict between the Korean and English versions, the Korean version shall prevail.
- Revised on May 28, 2018.