아이웨어코리아(eyewearkorea)

eyewearKOREA.com Terms of Use

Thank you for joining this electronic trading web site(hereinafter called “eyewearKOREA.com”), which was constructed and is operated by the Korea Optical Industry Support Center(hereinafter called the “center”). This webpage offers services(hereinafter called the “service”) for online overseas marketing and electronic trading support. Users agree to accept these terms of use by using a service on eyewearKOREA.com. Please read the terms carefully, which also include legal matters.

Article 1 (Purpose and Applicable Objects)

1. The purpose of these terms of use is to prescribe solutions about the conditions and procedures of use of eyewearKOREA.com.

2. The “eyewearKOREA.com” refers to the site below which is being operated by the center.

- eyewearKOREA Global e-marketplace

ㆍ International Business Electronic Trade Web Site

ㆍ URL : http://www.eyewearKOREA.com

Article 2(Disclosure, Validity and Amendment of the Terms)

1. eyewearKOREA.com will disclose the terms on the page of eyewearKOREA.com to help members understand them well. The terms go into effect by being posted on the website of eyewearKOREA.com.

2. Users who want to become a member agree to accept these terms of use by going through the prescribed formalities and pushing the “register” button. Rights, obligations and responsibilities for inapplicable members on the terms of eyewearKOREA.com shall be governed by the Telecommunications Business Act, any other applicable laws in Korea, and commercial trades.3. These terms are basic contracts between eyewearKOREA.com and its members. If necessary, eyewearKOREA.com may set out separate terms that apply to specific services (hereinafter called the “Individual Terms”) and post the Individual Terms for advance notification. If a member agrees to the Individual Terms and uses a specific service, the individual terms will initially be applied and these terms will be in effect complementally.4. eyewearKOREA.com may amend the terms to the extent permitted by the Regulation of Standardized Contracts Act, and any other applicable laws, and if any terms are amended by eyewearKOREA.com, all amended terms shall be posted on eyewearKOREA.com, together with the amended terms, the effective date of and the reasons for the amendment, all of which will be posted for a 7-day period until the date immediately preceding the effective date. 5. All amended terms shall be applied to members who have performed use of contract before amendment, and any member who has objection to amended terms may terminate the use contract at any time and request for deletion of registered information.6. By visiting eyewearKOREA.com and using related services continuously after the effective date, the user is in agreement with such terms.7. After eyewearKOREA.com amends the terms, the amended terms will first be applied before the original terms.

Article 3 (Relationship between Rules to Comply and Applicable Laws and Regulations)

1. Any matters not provided in the terms shall be governed by any other applicable laws prescribing such matters.2. Using eyewearKOREA.com means to agreeing to all possible disputes between the members and eyewearKOREA.com and these terms are, regardless of private international law rules, on the ground of regulations of Korea including the act on fair indication and advertisement (ex. mark and statement subject concerning detailed instruction of products), the law regarding the promotion of information and communication network use and protection of information (ex. privacy protection regulations) and so on, and neither party may claim release of its liabilities for violating related statutes in reliance with the regulations of these terms.

Article 4 (User Agreement)

1. The User Agreement for services provided by eyewearKOREA.com (hereinafter called the “User Agreement”) shall be formed upon eyewearKOREA.com’s acceptance of an application for the use, from a person who intends to use the services provided by eyewearKOREA.com. eyewearKOREA.com will notify its intent to accept the application by email or otherwise.

2. A person who intends to use the services shall agree to the terms and enter the necessary information in the form application for membership.

3. eyewearKOREA.com shall approve the use of services after identifying the business place as regulated by these terms, if a subscriber enter necessary information correctly and agree to the terms.

4. eyewearKOREA.com may refuse its acceptance of an application in the cases that the subscriber has violation records on these terms or relational statutes, the application for use violates these terms, or is illegal or unreasonable in any of the following cases:

① if the information on the application form is entered falsely;② if the application is through the illegal use of other’s names; and③ if other requirements for application are incomplete.

5. Each member shall be responsible for all the control over his/her/its user account and password.

6. eyewearKOREA.com shall not take responsibility for any and all damages and losses arising out of the leak, assignment or lending of a user account or password, that occurs due to a cause that is not attributable to eyewearKOREA.com. 7. Each member shall take the following actions to manage the user account and password safely:

① If a member becomes aware of theft, or unauthorized use by a third party, of his/her/its user account or password, the member shall immediately notify the company and follow the directions of eyewearKOREA.com, if any;② Each member shall log out immediately when terminating connection of the site for services; and③ Each member shall not inform his/her/its user account or password to a non-member or let a non-member use the service without reasonable cause.

8. User accounts may not be shared or transferred. If a member shares or transfers his/her/its user account without prior consultation with eyewearKOREA.com, eyewearKOREA.com can discontinue the use of the user’s account.

Article 5 (Termination of the User Agreement)

1. A member may terminate the user agreement at any time by notifying eyewearKOREA.com of the member’s intent to terminate it.

2. eyewearKOREA.com may terminate the user agreement in the event of occurrence or finding of the following. If eyewearKOREA.com terminates the user agreement with a member, eyewearKOREA.com will notify the member of its intent of termination by disclosing the reason(s) for termination by e-mail, phone, fax or otherwise. However, eyewearKOREA.com may give the member a chance to state his/her/its views of the reason(s) for termination:

① if a member didn’t have qualification demanded by eyewearKOREA.com since the application of use or loses qualifications that year;② if the registered information is proved to be false, borrowed name and so on, or supplies reasonable ground for doubt;③ if a member dealt with product or tried against the social or public order in society or against good morals and traditional customs; ④ if eyewearKOREA.com amended, added, or deleted the terms with reasonable causes including legislation of relational statute, change of business situation, or improvements of service, and asked for approval of members, but a member refuses; or⑤ if other members violated these terms or relational statutes, or reasons for termination occur.

Article 6 (Orders and Payment of Purchase Prices)

1. Each member shall confirm the product information and trade conditions on the site filled out by the seller member. The members shall solely carry any and all risks and responsibilities due to the wrong deposit, and eyewearKOREA.com shall not take any responsibility in this matter. All risks and responsibilities due to not confirming the product information and trade conditions are on the member.

2. eyewearKOREA.com will not guarantee or substitute any product information or trade conditions registered by a seller member. Therefore, each member shall order and charge products at his/her/its own risk. In addition, eyewearKOREA.com will not be held responsible for any direct dealing between members.

3. The purchase processing will be concluded after confirming the product stock and the member’s credit. The process of purchases concluded after 6 p.m. on Friday in KST will begin on the following Monday. If the stock is short or more information is needed to confirm the credit, eyewearKOREA.com will inform by e-mail, phone, or SMS. The delivery period does not include Mondays or any holiday.

4. The payment of purchase prices for the products on eyewearKOREA.com may be completed as follows. The methods of payment include credit card, making a deposit without a bankbook, and so on:

① making a deposit without a bankbook(depositing cash);and

② payment by credit card, and various other cards

5. In the case of making a deposit without a bankbook, the payment shall be deposited to the designated account within three days from the transaction.

6. Each member shall use only the method of payment registered in his/her/its name, and the arbitrary use of payment means of another is prohibited. All responsibilities for risks and losses of payment means’ owner or seller members due to the arbitrary use of payment methods of another are on that member.

7. eyewearKOREA.com may check whether the member is lawfully entitled to use the payment method used when paying the purchase price and it may suspend the transaction until the completion of confirmation of the buyer’s rights to such use, or cancel the transaction if it is impossible to obtain such confirmation.

8. eyewearKOREA.com will process the member’s request immediately, if a member asks for modification of orders or cancellation before shipping. When the payment is finished, the process will follow the regulations about return/exchange/refund.

9. If the deposit for ordered products is not confirmed in three days from the date of purchase, eyewearKOREA.com may cancel the purchase contract without any different declaration of intention.

10. If the buyer has received the purchased items and decides the purchase is final without returning, he/she/it shall click [Decision to Purchase] on eyewearKOREA.com immediately to deliver the payment to the seller member. After decision to purchase, the payment that the member asked to keep for eyewearKOREA.com will be remitted to the seller member, so the refund, A/S and the like shall be solved through the direct contact between the member and the seller.

11. If the decision to purchase is delayed due to the buyer’s failure to confirm his/her/its exchange, return and so on after seven days from the received date, the seller may ask eyewearKOREA.com to send payment and eyewearKOREA.com will send the payment to the seller. However, even though the buyer declares his/her/its intention of return or exchange within these periods, if the buyer uses the product without any reasonable cause or does not return the product within fourteen days following relational statute and these terms. If the buyer declares the intention of return or exchange, all matters are the responsibility of the seller and the member, and eyewearKOREA.com will not intervene or take responsibility.

Article 7 (Delivery)

1. A member designates the delivery enterprise that is being held among UPS, DHL, and FedEx or will be set up, and records the account number.

2. The delivery necessary period refers to the term from the day after conclusion of order to the delivery by the seller. For smooth transactions, eyewearKOREA.com may ask the seller to appoint his/her/its own delivery necessary period, attach it on the product instructions, and comply with it.

3. In the case of making a deposit without a bankbook, the delivery necessary period begins on the day after the deposit confirmation.

4. Products will not be delivered on legal or other holidays, and if it is unable to provide the services due to an act of God or a force majeure event equivalent thereto, the period is excluded on the delivery necessary period.

5. The delivery terms are based on FOB, and the member has the duty to pay “import commissions” including taxes, tariffs, and charges collected by the designated country for the importing procedure.

6. If a member rejects receipt of the product delivered from eyewearKOREA.com, the member shall pay basic shipping charges, import charges, and return costs to eyewearKOREA.com. When refunding, the rest remaining costs except for these expenses will be refunded.

7. Our company beliefs that the security of personal information of our members is important, and uses and shares the order information carefully. We hope our members who deliver abroad understand that the shipment may be inspected through customs and the customs officials may open the package and check.

8. Our company provides domestic delivery service providers with product information including certain orders, delivery, product instructions, and so on. The delivery service provider may offer this information to the customs officials to pass customs and observe the local laws.

Article 8 (Return)

1. If the product is defective or different than the product information, each member shall demand a refund or exchange within seven days after being delivered goods in accordance with the provision of Article 17 of the act on the consumer protection in the electronic commerce transactions etc. The exchange is allowed one time only. However, if the member caused the defect of product or the defect was borne by the buyer in the case of a simple change of mind, it needs the approval of the seller. The e-Commerce Act will prevail over the terms and conditions of sales suggested by the seller, as for general terms and conditions on the return. However, each member may not ask for any returns or exchanges in the following cases:

① if the item is lost, destroyed or damaged due to a cause attributable to the member;

② if the value of the item has notably decreased due to use or partial consumption by the buyer;

③ if the value of the item has notably decreased due to the passage of time so as to make its resale difficult;

④ if the limited exchange condition is informed in sales or the seller has no available stock for the exchange in exchange request; or

⑤ if other member has reasonable cause not to ask for the refund or exchange.

2. Costs and expenses incurred for the return or exchange (cost of transport, transit duty and the like) shall be borne by a person to whom the reason for it is attributable. For example, in the case of faulty goods, the seller shall pay the extra cost, and in the case of a simple change of buyer’s mind or attributable reasons, the member should pay the extra cost.

3. When the goods can’t be delivered because the product runs out of stock, does not have sufficient quantities in stock, or any other inevitable reason occurs, refund of the payment will be taken and the reason will be notified to the member within two business days from the payment date in accordance with the provision of Article 17 of the act on the consumer protection in the electronic commerce transactions etc.

4. For the psychological/material damage of members due to the delivery, the delivery service provider which incurred it and the member who assigned the service provider are fully responsible. eyewearKOREA.com will offer seller information for members and arbitrate smooth problem solving.

5. eyewearKOREA.com may understand the cause of the exchange or return to the member, cancel the contract, and refund the deposited payment to the member, if the seller does not work actively on the confirmation of information or delay.

6. eyewearKOREA.com may pay the deposited payment to the seller by cancelling the buyer’s expression, if the request for return or exchange of the member is seen as unjustified. Also, if the received good is not returned, the received product within fourteen days from the application of return, or exchange, or if the buyer is not reached by telephone, e-mail, etc., the deposited payment may be furnished to the seller, regarded as withdrawal of exchange or return.

7. eyewearKOREA.com asks the members to pay the delivery fee after returning goods and takes action needed for refunds after calculating the delivery fee. In the case of return or exchange delays due to disputes, the action including refunds, remittent, etc. will be taken after solving the dispute.

8. Problems occurred after normal buying decisions shall be processed directly between the member and the seller member.

9. After the conclusion of eyewearKOREA.com service registered in these terms, any dispute arising among the seller, the member, a delivery service provider, a financial institution, etc. in relation to the defect, return, or refund, shall be resolved by the relevant parties, and eyewearKOREA.com shall in no way be involved or take any responsibility.

10. If eyewearKOREA.com places in escrow the payment of a delivery cost for return or exchange from the member and remits to the seller, eyewearKOREA.com will send money according to the information entered by the member and has no responsibility for the member’s input errors or disagreement after remittent between the seller and the member.

Article 9 (Service Time)

1. eyewearKOREA.com makes it a rule to provide services for twenty-four hours a day all year around unless there is any problem on business or technicality.2. It is not the case when eyewearKOREA.com notifies the day or time beforehand for the need including regular check-up etc..

Article 10 (Suspension of Provision of the Services)

1. eyewearKOREA.com may stop providing services in the following cases:

① if the inspection, extension, replacement etc. of eyewearKOREA.com system is needed;

② if the service is stopped due to reasons beyond control(disc obstacle, system down etc. without intention or fault of system administrator); or③ if the system is interrupted by other’s intention or fault.

Article 11 (Obligation of eyewearKOREA.com)

1. eyewearKOREA.com is under an obligation to offer services of eyewearKOREA.com stably and consistently according to these terms. 2. eyewearKOREA.com may gather registered information on the application form for membership, its updated information etc as long as necessary for users to use various services on eyewearKOREA.com.3. eyewearKOREA.com devises technological and administrative methods for stability so as not to make personal information of members lost, robbed, leaked, modulated or damaged.4. eyewearKOREA.com will not offer, leak, or distribute member’s personal information for services to third person without his/her/its consent except in the following cases:

① if a related national organization demands in accordance with the relevant Act including Framework Act on Telecommunications etc.;

② if it is needed for a criminal investigation or by demand of Korea Internet Safety Commission;

③ if there is a demand pursuant to law of the relevant regulations including real name financial transaction, the use and protection of credit information act, Telecommunications Business Act, the local tax law, Consumer Protection Law, Bank of Korea Act, the Criminal Procedure Code etc.;④ if it is offered by processing not to recognize a specific person for statistics, academic research, or market research;6. eyewearKOREA.com may offer member‘s information or posts with the member‘s consent to other affiliated organizations. At this time, eyewearKOREA.com shall get individual approval from the member about matters including the recipient of the information, the purpose of personal information use, the item of provided information, the term for retention or use of the information by the recipient etc.

Article 12 (Obligation of Member)

1. A member shall input truthful, accurate, and complete data about personal information as demanded by the input format of eyewearKOREA.com and update this data as time passes.2. Each member shall comply with these terms and regulations on the related statue.

3. Each member shall take the responsibility for any and all loses that occur due to not checking the product information before the purchase or payment.

4. Each member shall confirm purchase intent within seven days after receiving goods.5. Each member shall not engage in the following acts:① reproduction or offering to third person of the information from eyewearKOREA.com without a previous consent;② transmission of advertisement information against the receiver’s will consistently, transmit of a great deal of information or registering of posts causing enormous trouble to the stable operating of service, or other acts against sound use of service;③ violation of rights, honor, credit, or other honest profit of eyewearKOREA.com, other member, or others; or

④ disturbance to smooth operation of eyewearKOREA.com services.

Article 13 (Exchange/Return/Cancellation/Refund and Its Responsibility)

1. A member may demand a return/cancellation/refund within seven days after receiving the product. However, if the received product is different or the product information is false, the member may request return/cancellation/refund within thirty days from the day on which the member find the fact.

2. Costs for delivery and customs incurred for the exchange/return/cancellation/refund shall be borne by the member in the case of a simple change of mind.

3. Delivery and customs costs for import and reexport incurred for the exchange/return/cancellation/refund shall be borne by the manufacturer in the case of defect in the purchased items after the manufacture accept the validity.

Article 14 (Disclaimer Article)

1. If eyewearKOREA.com temporarily or eventually restricts its provision of the services due to an act of God, a force majeure event equivalent thereto, repair and check of communication facilities, replacement or failure, or loss of communication, the company shall be released from any liability for service offer. In that case, eyewearKOREA.com shall post on the webpage or send notification to members with alternative method.2. eyewearKOREA.com shall not be liable for any disruption or other interruption in the use of the services that has arisen for a reason attributable to a member.3. eyewearKOREA.com shall not be liable for any loss resulted from when a member trusted the credibility accuracy of various posted information, date, and fact.4. Any damages arising out of the failure to modify wrong or changed information or from wrong modifications must be borne solely by the relevant member, and eyewearKOREA.com shall not be held liable for any such damages. 5. eyewearKOREA.com shall not be liable for any damages in the use of the services that has arisen to a member without gross negligence of eyewearKOREA.com.

Article 15 (Others)

1. The attached document such as enclosure or accompanying paper will be in effect as a part of the terms.2. For any unspecified items or the items with an objection to interpret, eyewearKOREA.com and the member will agree and handle it.3. These terms, user agreement between eyewearKOREA.com and a member, product deals between members shall be applied by the laws in Korea, and the interpretation and the competent court for these terms, user agreement between eyewearKOREA.com and a member, product deals between members follow laws in Korea.

Addendum

1. (Effective Date) These terms shall become effective as of April 1, 2014.