Article 1 (Purpose)

The purpose of this Agreement is to prescribe the rights, obligations and responsibilities of the Cyber Mall and users in using the Internet-related services provided by the GANA SWIM Cyber Mall (hereinafter referred to as the "Mall") operated by the (주)가나 Company (e-commerce operator).



※ "These terms and conditions shall apply mutatis mutandis to e-commerce transactions using PC communication, wireless, etc., unless it is contrary to its nature."



Article 2 (Definitions)

① The term "mall" means a virtual place of business where (주)가나 allows the company to trade goods, etc. using information and communication facilities such as computers to provide goods or services (hereinafter referred to as "goods, etc.") to users, and is also used as a business operator operating a cyber mall.



② The term "user" means a member and non-member who accesses the "Mall" and receives the services provided by the "Mall" pursuant to these terms and conditions.



③ The term "member" means a person who has registered as a member in the "Mall" and who can continuously use the services provided by the "Mall".



④ The term "non-member" means a person who does not subscribe to a member and uses the services provided by the "mall".



Article 3 (Explanation, explanation, and revision of terms and conditions)

① "Mall" shall post the contents of these Terms and Conditions, the name of the trade name and representative, the address of the location of the business office (including the address of the place where consumer complaints can be handled), phone number, simulated transmission number, e-mail address, business registration number, mail order registration number, personal information management manager, etc. on the initial service screen of GANA SWIM for easy users to understand: Provided, That the contents of the Terms and Conditions may be viewed by the user through the connection screen.

② "Before the user agrees to the terms and conditions, Mall should provide a separate connection screen or pop-up screen for the user to understand important matters such as subscription withdrawal, delivery responsibility, and refund conditions among the terms and conditions."



③ Mall may amend these terms and conditions to the extent that they do not violate relevant laws, such as the Act on Consumer Protection in Electronic Commerce, etc., the Act on Regulation of Terms and Conditions, the Framework Act on Electronic Documents and Electronic Transactions, the Electronic Financial Transactions Act, the Electronic Signature Act, the Act on Promotion of Information and Communication Network Utilization and Information Protection, the Act on Door-to-Door Sales, etc. and the Framework Act on Consumers.



④ Where "Mall" revises the terms and conditions, the date of application and the reason for the revision shall be specified and notified on the initial screen of the Mall together with the current terms and conditions from 7 days before the date of application to the day before the date of application. Provided, That where the contents of the terms and conditions are changed unfavorably to the user, they shall be notified with a grace period of at least 30 days in advance. In this case, "Mall" shall clearly compare the contents before the revision with the contents after the revision so that the user can understand it easily.



⑤ If "Mall" revises the terms and conditions, the revised terms and conditions will only apply to contracts concluded after the application date, and for contracts already concluded before that date, the terms and conditions before the amendment will remain. However, if the user who has already signed the contract sends the intention to "Mall" within the notice period of the revised terms and conditions under Paragraph 3 and obtains the consent of "Mall," the revised terms and conditions will apply.



⑥ The matters not specified in these Terms and Conditions and the interpretation of these Terms and Conditions shall be governed by the Consumer Protection Act on Electronic Commerce, the Regulation of Terms and Conditions, the Consumer Protection Guidelines on Electronic Commerce, etc. and related Acts and subordinate statutes or correlations prescribed by the Fair Trade Commission.




Article 4 (Provisions and Changes of Services)

① "Mall" performs the following tasks.

1. Provision of information on goods or services and conclusion of purchase contracts

2. Delivery of goods or services to which a purchase contract is concluded

3. Other tasks specified by "Mall"



② The term "mall" may change the contents of goods or services to be provided under a contract concluded in the future in the event of a sell-out of goods or services or a change in technical specifications, etc. In such cases, the details and date of provision of the changed goods or services shall be specified and immediately notified to the place where the contents of the current goods or services are posted.



③ If the contents of the service contracted with the user are changed due to reasons such as out of stock of goods, etc. or changes in technical specifications, the reason shall be immediately notified to the user at an address that can be notified.



④ In the case of the preceding paragraph, "Mall" shall compensate the user for the damage caused by this: Provided, That this shall not apply where "Mall" proves that there is no intention or negligence.



Article 5 (Suspension of Service)

① The "Mall" may temporarily suspend the provision of services in the event of maintenance inspection, replacement and failure of information and communication facilities, such as computers, or disruption of communication.



② The "Mall" shall compensate for damages suffered by users or third parties due to the temporary suspension of the provision of services due to the reasons referred to in paragraph (1). Provided, That this shall not apply where the "Mall" proves that it is not intentional or negligent.



③ If the service cannot be provided due to the conversion of business items, abandonment of business, integration between companies, etc., the "Mall" shall notify the user by the method prescribed in Article 8 and compensate the consumer according to the conditions set forth in the original "Mall". However, if the "Mall" fails to notify the compensation standards, etc., the users' mileage or reserves will be paid to the users in kind or cash equivalent to the currency value used in the "Mall".

Article 6 (Membership registration)

① Users apply for membership registration by filling in their membership information according to the registration form set by "Mall" and expressing their intention to agree to these terms and conditions.



② "Mall" shall be registered as a member unless it falls under any of the following among users who have applied to join as a member as referred to in paragraph (1).

1. Where an applicant for membership has previously lost his/her membership pursuant to Article 7 (3) of this Agreement, the exception shall be made where he/she has obtained consent to rejoin the membership of the "Mall" three years have passed since the loss of membership under Article 7 (3).

2. If there is a false, omission of entry, or a typo in the registration contents

3. If it is deemed that registration as a member is significantly hindered by the technology of the "mall"



③ The time when the membership contract is established is when the consent of "Mall" reaches the member.



④ If there is a change in the registered matters at the time of membership registration, the member shall notify the "Mall" of the change by means of modification of member information, etc. within a considerable period of time.



Article 7 (Withdrawal from membership and loss of qualification, etc.)

① Members may request withdrawal from "Mall" at any time, and "Mall" will immediately process the withdrawal of membership.



② Where a member falls under any of the following reasons, the "Mall" may restrict and suspend his/her membership.

1. If false information is registered at the time of application for membership

2. Where the payment of goods, etc. purchased using the "mall" or other obligations borne by a member in connection with the use of the "mall" are not paid on the due date

3. Threatening the order of e-commerce, such as obstructing the use of other people's "mall" or stealing their information

4. Where an act is prohibited by laws and regulations or these terms and conditions or is contrary to public order and morals by using "mall"



③ After "Mall" limits or suspends its membership, if the same act is repeated more than once or if the reason is not corrected within 30 days, "Mall" may lose its membership.



④ If the "Mall" loses its membership, the membership registration shall be canceled. In this case, the members shall be notified of this and given the opportunity to explain it for a period of at least 30 days before the cancellation of the membership registration.



Article 8 (Notice to Members)

① If "Mall" gives notice to the member, the member may make an agreement with "Mall" in advance and use the designated e-mail address.



② In the case of notification to a large number of unspecified members, "Mall" may be substituted for individual notifications by posting them on the "Mall" bulletin board for at least one week: Provided, That matters that have a significant impact on the member's transaction shall be notified individually.



Article 9 (Application for purchase and consent to provide personal information, etc.)

① The "Mall" user shall apply for purchase on the "Mall" by the following or similar means, and the "Mall" shall provide the following information in an easy-to-understand manner when the user applies for purchase.

1. Search and selection of goods, etc

2. Enter the recipient's name, address, phone number, e-mail address (or mobile phone number), etc

3. Confirmation of the details of the terms and conditions, services with limited right to withdraw subscription, and the burden of expenses such as delivery fees and installation costs

4. Indication that you agree to these terms and conditions and confirm or reject the above subparagraph 3

(Yes, mouse click)

5. Consent to the application for purchase of goods, etc. and confirmation or confirmation of "mall"

6. Selection of payment method



② If "Mall" needs to provide the buyer's personal information to a third party, 1) the person receiving the personal information, 2) the purpose of using the personal information, 3) the items of the personal information provided, 4) the period of holding and using the personal information of the person receiving the personal information must be informed to the buyer and consent must be obtained. (The same applies if the consent is changed.)



③ Where the "Mall" entrusts a third party with the business so that it can handle the personal information of the purchaser, he/she shall inform the purchaser of the details of the business entrusted with the handling of personal information and obtain consent. (The same shall apply where the matters obtained by consent are changed.) Provided, That where it is necessary for the performance of the contract on the provision of services and related to the promotion of the convenience of the purchaser, it is not necessary to go through the notification and consent procedures by notifying through the personal information handling policy in the manner prescribed by the Act on Promotion of Information and Communication Network Utilization and Information Protection, etc.







Article 10 (Construction of Contract)

① The "Mall" may not accept the purchase application referred to in Article 9 if it falls under any of the following subparagraphs. However, when signing a contract with a minor, the minor himself or his legal representative must be notified that the contract may be canceled without obtaining the consent of the legal representative.

1. If there is a false, omission of entry, or a typo in the contents of the application

2. Where a minor purchases goods and services prohibited by the Juvenile Protection Act, such as cigarettes and alcohol

3. Where it is deemed that acceptance of other purchase applications is significantly hindered by the "mall" technology



② It is deemed that the contract was concluded when the consent of "Mall" reached the user in the form of a notification of receipt under Article 12 (1).



③ The expression of consent of the "Mall" shall include information on the confirmation of the user's purchase application and the availability of sales, cancellation of correction, etc. of the purchase application.

Article 11 (Payment Method)

The method of payment for goods or services purchased in the "Mall" may be the method available among the following methods: Provided, That the "Mall" shall not be collected by adding any nominal fee to the price of goods, etc. with respect to the user's payment method.

1. Transfer of various accounts such as phone banking, Internet banking, mail banking, etc

2. Payment of various cards such as prepaid cards, debit cards, credit cards, etc

3. Online deposit without a bankbook

4. Payment by electronic money

5. Payment upon receipt

6. Payment by points paid by "Mall", such as mileage

7. Payment by gift certificates contracted with "Mall" or recognized by "Mall"

8. Payment by other electronic payment methods, etc



Article 12 (Notification of receipt confirmation, change and cancellation of purchase application)

① "Mall" notifies the user of receipt confirmation when there is a user's purchase application.

② If there is a discrepancy in the expression of intention, the user who receives the confirmation notice may immediately request to change or cancel the purchase application after receiving the confirmation notice, and "Mall" shall be processed according to the request without delay if there is a request from the user before delivery. However, if the payment has already been made, the provisions on withdrawal of subscription under Article 15 shall be followed.



Article 13 (Supply of goods, etc.)

① The "Mall" shall take other necessary measures, such as custom-made, packaging, etc., to deliver goods, etc. within seven days from the date of subscription, unless otherwise agreed with the user on the timing of supply of goods, etc. Provided, That where the "Mall" has already received all or part of the price of goods, etc., measures shall be taken within three business days from the date of receipt of all or part of the price. At this time, the "Mall" shall take appropriate measures so that users can check the procedures and progress of the supply of goods, etc.



② The "Mall" specifies the means of delivery, the person responsible for the delivery cost by means, the delivery period by means, etc. for the goods purchased by the user. If the "Mall" exceeds the contracted delivery period, the user shall compensate for the damage caused by it: Provided, That this shall not apply where the "Mall" proves that it is not intentional or negligent.



Article 14 (Refund)

The "Mall" shall notify the user of the reason when the goods, etc. requested for purchase cannot be delivered or provided due to reasons such as out of stock, etc., and shall refund the goods, etc. within three business days from the date of receipt of the payment or take necessary measures for refund.



Article 15 (withdrawal of subscription, etc.)

① A user who has entered into a contract for the purchase of goods, etc. with the "Mall" may withdraw his/her subscription within seven days from the date he/she receives a document on the details of the contract under Article 13 (2) of the Act on the Protection of Consumers in Electronic Commerce, etc. (If the supply of goods, etc. is made later than the time of receipt of the document, it means the date on which goods, etc. are supplied or the supply of goods, etc.) Provided, That where the withdrawal of subscription is otherwise provided for in the Act on the Protection of Consumers in Electronic Commerce, etc., the provisions of the same Act shall apply.



② A user shall not return or exchange goods, etc. if they fall under any of the following subparagraphs.

1. Where goods, etc. are lost or damaged due to reasons responsible to the user (however, where packaging, etc. is damaged to confirm the contents of goods, etc., the subscription may be withdrawn)

2. Where the value of goods, etc. has been significantly reduced by the use of users or partial consumption

3. Where the value of goods, etc. has significantly decreased to the extent that it is difficult to resell them over time

4. Where reproduction is possible with goods, etc. having the same performance, the original packaging of goods, etc. is damaged



③ In the case of paragraph (2) 2 through 4, the withdrawal of subscription by users is not restricted unless measures such as specifying the fact that the "mall" is restricted in advance or providing trial products are taken.



④ Notwithstanding the provisions of paragraphs (1) and (2), if the contents of goods, etc. are different from the contents of the display or advertisement or are performed differently from the contents of the contract, the user may withdraw the subscription, etc. within three months from the date of receipt of the relevant goods, etc., and within 30 days from the date of knowing or knowing the fact.

Article 16 (Effect of Withdrawal of Subscription, etc.)

① Where the "Mall" receives a refund of goods, etc. from a user, the "Mall" shall refund the price of goods, etc. already paid within three business days. In such cases, when the "Mall" delays the refund of goods, etc. to a user, the delayed interest calculated by multiplying the delayed period by the delayed interest rate prescribed in Article 21-2 of the Enforcement Decree of the Consumer Protection Act on Electronic Commerce, etc.



② In refunding the above payment, "Mall" requests the business operator who provided the payment method to suspend or cancel the request for the payment of the goods, etc. without delay when the user pays the payment method such as credit card or electronic money.



③ In the case of withdrawal of subscription, etc., the user shall bear the expenses necessary for the return of the supplied goods, etc. The "Mall" shall not claim a penalty or compensation for damages from the user on the grounds of withdrawal of subscription, etc. Provided, That where the contents of the goods, etc. are different from the contents of the indication or advertisement or are executed differently from the contents of the contract, the expenses necessary for the return of the goods, etc. shall be borne by the "Mall".



④ When a user is provided with goods, etc., the "Mall" clearly indicates who is responsible for the cost when withdrawing the subscription.



Article 17 (Personal Information Protection)

① "Mall" collects the minimum amount of personal information to the extent necessary for the provision of services when collecting personal information of users.



② The "Mall" shall not collect information necessary for the performance of the purchase contract when registering as a member in advance: Provided, That this shall not apply where identification is necessary before the purchase contract for the performance of obligations under relevant Acts and subordinate statutes, and where the minimum amount of specific personal information is collected.



③ When the "Mall" collects and uses the user's personal information, it shall notify the relevant user of the purpose and obtain consent.



④ The "Mall" shall not use the collected personal information for any purpose other than its purpose, and where a new purpose of use occurs or is provided to a third party, the relevant user shall be notified of the purpose and consent shall be obtained during the use and provision stage: Provided, That this shall not apply where the relevant statutes stipulate otherwise.



⑤ Where the "Mall" requires the consent of the user pursuant to paragraphs (2) and (3), the person in charge of personal information management (affiliated, name and phone number, and other contact information), the purpose of collecting and using the information, the matters related to the provision of information to a third party (the person provided, the purpose of the provision and the details of the information to be provided), etc. shall be specified or notified in advance of the matters prescribed in Article 22 (2) of the Information and Communication Network Utilization and Information Protection Act, and the user may withdraw the consent at any time.



⑥ The user may request the reading and error correction of his/her personal information at any time, and the "Mall" shall be obliged to take necessary measures without delay. If the user requests correction of the error, the "Mall" shall not use the personal information until the error is corrected.



⑦ For the protection of personal information, the "Mall" shall be limited to a minimum of those who handle the user's personal information, and shall be fully responsible for the loss, theft, leakage, provision of third parties without consent, tampering, etc. of the user's personal information, including credit cards, bank accounts, etc.



⑧ "Mall" or a third party who receives personal information from him/her shall destroy the personal information without delay when the purpose of collecting or receiving the personal information is achieved.



⑨ The "Mall" shall not set the "Consent to the collection, use, and provision of personal information" as selected in advance. In addition, the services to be restricted in the event of a user's refusal to consent to the collection, use, or provision of personal information shall be specified in detail, and the provision of services, such as membership registration, shall not be restricted or rejected on the grounds of the user's refusal to consent to the collection, use, or provision of personal information other than the mandatory collection items.





Article 18 (Obligation of "Mall")

① The "Mall" shall do its best to provide goods and services continuously and stably as prescribed by the Act and these Terms and Conditions do not prohibit or act contrary to public order and morals.



② Mall shall have a security system to protect users' personal information (including credit information) so that users can use Internet services safely.



③ The "Mall" shall be responsible for compensation for goods or services when a user suffers damage by performing unfair labeling and advertising activities prescribed in Article 3 of the Act on Fair Labeling and Advertising.



④ "Mall" does not send commercial e-mails for commercial purposes that you do not want.



Article 19 (Obligation to ID and password of members)

① Except in the case of Article 17, the members are responsible for the management of IDs and passwords.



② Members should not allow third parties to use their ID and password.



③ If a member recognizes that his/her ID and password have been stolen or is being used by a third party, he/she should immediately notify the "Mall" and follow the guidance if there is a "Mall" notice.



Article 20 (Obligation of Users) Users are not allowed to do the following.

1. Registration of false information upon application or change

2. theft of other people's information

3. Changes to information published in "Mall"

4. Transmission or publication of information (computer program, etc.) other than the information prescribed by "Mall"

5. Infringement of intellectual property rights, such as "Mall" and other third-party copyrights

6. "Mall" or other acts that damage the reputation of third parties or interfere with their work



7. Disclosure or posting of obscene or violent messages, videos, voices, and other information contrary to public order and morals on the Mall.

Article 21 (Relationship between "Mall" and "Mall" to be connected)

① If the parent "mall" and the child "mall" are connected by a hyperlink (for example, the object of the hyperlink includes letters, pictures, and moving images), the former is called the linked "mall" (website) and the latter is called the linked "mall" (website).



② The consolidated "mall" shall not be guaranteed for transactions with users by means of goods, etc. independently provided by the connected "mall" if the initial screen of the connected "mall" or the pop-up screen at the time of connection is specified.



Article 22 (Restrictions on the attribution and use of copyrights)

① Copyright and other intellectual property rights for works created by "Mall" belong to "Mall".



② The user shall not reproduce, transmit, publish, distribute, broadcast or use the information to which intellectual property rights belong to the "Mall" among the information obtained by using the "Mall" for commercial purposes or to use it to a third party without prior consent from the "Mall".



③ "Mall" shall notify the relevant user of the use of the copyright attributable to the user in accordance with the agreement.



Article 23 (Dispute Resolution)

① "Mall" establishes and operates a damage compensation processing organization to reflect legitimate opinions or complaints raised by users and to compensate for the damage.



② "Mall" shall deal with complaints and opinions submitted by users preferentially: Provided, That if it is difficult to process quickly, the user shall be notified immediately of the reason and the processing schedule.



③ If a user applies for damage relief in connection with an e-commerce dispute between the "Mall" and the user, it may be subject to the mediation of the dispute mediation agency commissioned by the Fair Trade Commission or the Mayor/Governor.



Article 24 (Judicial and Compliant Act)

① A lawsuit regarding an e-commerce dispute between the "Mall" and the user shall be filed by the address of the user at the time of filing, and if there is no address, it shall be under the exclusive jurisdiction of the district court having jurisdiction over the residence. However, if the address or residence of the user is not clear at the time of filing, or if a foreign resident is present, it shall be filed with the competent court under the Civil Procedure Act.



② Korean law applies to e-commerce litigation filed between "Mall" and the user.