Chapter 1. General Provisions
Article 1 (Purpose)
The purpose of these Terms and Conditions of Use of damda Platform (the “T&C”) is to set forth the rights, obligations, and responsibilities of the parties using the services on the applications ("damda Platform") of damda.Com ("the Company") available on the Company's website and mobile devices (such as smartphones) ("the Services").
Article 2 (Definitions)
- The following terms used in the T&C shall have the following meanings ascribed to them:
- “Member” means an individual of 14 years old or older or a company that has provided personal information to register with damda Platform as a member and is eligible to use the Company’s shopping services.
- “damda Platform” means a virtual commerce place (the website, mobile web, APP, etc.) set up by the Company to provide goods to the Members and facilitate Members to trade goods and services using information and communication devices such as computers.
- “Seller Shop” means a virtual sales space within damda Platform provided by the Company to damda Sellers.
- “damda Seller” means a Member who has agreed to the T&C and the T&C of Use of Selling Service and intends to sell or offers to sell goods or services using the Company’s shopping service available on the damda Platform.
- “damda Supplier” means a Member who has agreed to the T&C and the T&C of Use of Selling Service and directly sells goods and services by using the Company’s shopping service available on the damda Platform, or supplies or delivers goods and services to Members as requested by a damda Seller.
- "Affiliate" means an online or offline company that has entered into a contract with the Company to trade goods and services, provide various information and benefits, and allow Members to use or exchange damda Credits.
- “damda Credit” is a unit representing the value of a product registered on the damda Platform. It is a basic unit for distributing sales commissions between the Company, the damda Supplier, the damda Seller, or the Affiliate. damda Credits can be converted into damda Cash or damda Points and paid to the buying Members.
- “damda Cash” is a payment means to pay for products purchased on the damda Platform. As a general rule, damda Suppliers and damda Sellers can arbitrarily set a portion of the sales commissions they receive and pay it to Members or Affiliates as rewards. In exceptional cases, the Company may pay damda Cash to the Member who returns the goods or as compensation for the Member's losses.
- “damda Point” is a payment means to purchase products on the damda Platform. The Company, damda Suppliers, and the damda Sellers can arbitrarily set a portion of the sales commissions they receive and pay it to Members or Affiliates as rewards.
- “Purchase Confirmation” is an indication of a buying Member that the Member is satisfied with the product he/she/it has received and allows the Company to pay the Selling Member for that product. Cancellations or returns of the product are disabled after the Purchase Confirmation.
- “ID” means a combination of letters and numbers chosen by a Member, approved by and registered with the damda Platform, for purposes of identification and use of the Services
- “Password” means a combination of letters and numbers chosen and registered with the damda Platform by a Member to verify the Member's identity and protect the Member's rights, interests, and confidential information
- Any terms not defined in the T&C shall have the meanings ascribed in the general commercial practices.
Article 3 (Disclosure, Validity, and Amendment of the T&C)
- The Company discloses the following items on the initial screen of the damda Platform or a linked screen to help Members to check the T&C, together with the name, place of business, the name of representative(s), business registration number, contact numbers (telephone and facsimile numbers, e-mail address, etc.), and the privacy officer of the Company.
- The Company reserves the right to change the T&C to the extent of not violating applicable laws and regulations, including the Act on the Regulation of T&C, the Framework Act on Electronic Documents and Transactions, the Digital Signature Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., the Act on the Consumer Protection in Electronic Commerce, Etc., and the Electronic Financial Transactions Act.
- If the Company amends the T&C, all amended terms shall be effective 14 days after they are initially posted on the damda Platform, together with the then-current T&C, the effective date of and the reasons for the amendment, all of which will be posted for 14 days until the date immediately preceding the effective date. However, if such an amendment will negatively affect the Member or is about a material provision, the Company shall notify that fact from 30 days before the date of such an amendment's effect.
- The T&C changed according to the preceding paragraph shall not be applied retroactively before the effective date unless specified otherwise in the relevant laws or regulations or there are other inevitable reasons.
- If a Member does not express his/her/its intent to consent or reject the changed T&C after the effective date under Paragraph 3 above, he/she/it may be deemed to have agreed to the changed T&C. If a Member does not consent to the changed T&C, he/she/it may terminate the membership.
- The Company shall not be held liable for any damages to Members caused by not knowing the amendment to the T&C despite the measures in Paragraph 3.
Article 4 (Service Types)
- The Company provides the following Services:
- The e-commerce platform service;
- The mail-order brokerage and other incidental services thereto;
- Advertisement placement and promotion services;
- Support services related to buying and selling;
- Product information search services; and
- Other e-commerce-related services.
Article 5 (Membership Application)
- Anyone wishing to use the Services can apply for membership by providing the necessary information in the application form prescribed by the Company, expressing his/her/its intent to agree to the T&C.
- Anyone over 14 years of age or business operators (both private companies and incorporated companies) can apply for membership. Applicants must use their real names in the application form. Using someone else's name or stealing others' information will cause the Services to be limited or be subject to punishment under the relevant laws and regulations.
- Membership registration is completed when the Company’s approval reaches the applicant.
- The Company may postpone or refuse to approve a membership application if any of the followings has been confirmed, provided that it notifies the applicant of such refusal or postponement on the damda Platform or via e-mail:
- The applicant has used someone else’s name in the application form;
- There exists a Member who uses the same name, e-mail address, and resident (or business) registration number as the applicant;
- When applying for membership within two months from the date the Company has disqualified the membership of the applicant;
- If reapplied by a Member that is subject to the membership suspension or other action by the Company, during the suspension or other applicable period
- The facilities or equipment cannot afford or if there is a technical difficulty;
- The application violates the T&C or is illegal or inappropriate;
- Where it is deemed inappropriate to approve the application for reasons similar to the above.
- Members must not provide false information in the membership application. If there is a change in the membership application form's information, the Member must update the information promptly by using the “Change Member Information” menu. Members are not allowed to change their name, ID, resident registration number, and the like unless permitted by applicable laws and regulations.
- The Company may restrict Members’ purchase of goods/services under the rating and age restrictions in the relevant laws such as the Promotion of the Motion Pictures and Video Products Act, the Youth Protection Act, and the Chemical Substances Control Act or ask their age to verify their identity.
Article 6 (Protection of Personal Information)
- The Company collects the minimum amount of personal information to the extent necessary for the Services provision.
- When the Company collects/uses the selling Member's personal information, the Company notifies him/her/it of the purpose of such collection and use and obtains consent. The Company shall not pre-check the consent box for collecting, using, and providing personal information by default. The Company shall also enumerate the services that will be limited to the Member should the Member refuse to consent to collecting, using, and providing personal information. The Company shall not limit or refuse to provide membership service to any Member who wishes to use the shopping services on account of the Member refusing to provide consent to the disclosure of any non-essential personal information.
- The Company does not use the information provided by a Member for purposes other than operating the Services as agreed by the Member. If the Company has a new purpose of the use or provides personal information to a third party, it notifies the Member of such use and provision during the use/provision stage to obtain consent unless specified otherwise in the relevant laws and regulations.
Article 7 (ID and Password Management)
- Members are responsible for managing their ID and password and shall not transfer or lend their ID or password to another person under any circumstances.
- Members are responsible for damages arising from leakage, transfer, or lending of their ID or password without reasons attributable to the Company. Each Member and each user shall take responsibility for any damages and losses arising out of the leak, assignment, or lending of a Member's ID or Password that occurs due to a cause not attributable to the Company.
- If a Member becomes aware of the theft, or unauthorized use by a third party, of his/her/its ID or Password, the Member shall immediately notify the Company thereof, and the Company shall exert its best efforts to handle the situation promptly.
Article 8 (Membership Withdrawal and Disqualifying Members)
- Members can request withdrawal of their membership with the Company at any time through the damda Platform, and the Company shall handle such request without delay. Such withdrawal will result in loss of membership, and various benefits provided by the Company, damda Supplier, or damda Seller will lapse.
- In the event of membership withdrawal, any remaining damda Credits, etc., are deemed to have been given up at the Member’s will and will expire upon withdrawal.
- If any of the followings is confirmed, the Company may immediately deprive the Member of membership, and all the various benefits additionally provided to the Member by the Company or a damda Supplier will lapse:
- A Member has violated the rights, reputation, credit, or other legitimate interests of other Members or entities, or committed an act against the Korean laws/regulations or public order or morals;
- A Member committed, or attempted to commit, any act which interferes with the smooth operation of the Services;
- The reason to refuse the membership application under Article 5.4 is discovered;
- It is necessary to refuse to provide Services at the Company’s reasonable discretion.
- If the Company disqualifies a Member, it will notify the Member of the membership withdrawal through phone or e-mail, along with the reasons, and the membership will lapse upon the notice. The Company may provide the Member an opportunity to state his/her/its opinion.
- Even if the Company disqualifies a Member under this Article, the T&C will continue to apply to a sale and purchase contract entered into on or before the disqualification.
Article 9 (Termination of Services)
- After providing notice of suspension and reasons thereof on the damda Platform's initial screen, the Company may temporarily suspend the Services' provision if its information and communications facilities (including computers) require maintenance, checking, replacement, or experience a breakdown, or communications fail.
- The Company may restrict or temporarily suspend its provision of the Services if it is unable to provide the Services due to an act of God or a force majeure event equivalent thereto.
Article 10 (Service Usage Fees)
The Company may provide various services needed for the freedom of e-commerce between the Members and charge certain fees therefor (i.e., service usage fees) according to its internal policies.
Article 11 (Conclusion of Sales Contract and Payment of Purchase Prices)
- A sales contract is concluded by and between the Member expressing his/her/its intent to buy (order) a product under the terms of the sales of a damda Supplier or damda Seller and the damda Supplier or damda Seller expressing their intent to accept the order.
- The Company provides methods for Members to pay for their purchase in cash, by credit card, or other means.
- The buying Member will enter information relating to the payment of the purchase price at his/her/its responsibility and shall solely take any liabilities and disadvantages arising out of the information he/she/it entered concerning the payment of the purchase price.
- The Company may cancel an order without the buying Member's consent if the purchase price is not paid within the specified period after the order is placed.
- The Company takes measures for Members to check the contents of their purchase contracts on "My Order" and information on the method and procedure of canceling the purchase contract.
- The Company is entitled to verify whether the Member has the right to use the payment means used to pay for the purchased goods, suspend the transaction until such verification is complete, or cancel the transaction if it fails to verify.
- The amount paid by the buying Member shall be an amount (actual purchase price) remaining after applying the original price (set by the selling Member), the basic usage fees, discount coupons applicable to the particular item, delivery fees, details of an option (if any) and so on. The proof of purchase (i.e., cash payment receipts, tax invoices, credit card sales slips, etc.) will be issued to show the amount of the actual purchase price.
Article 12 (Cross-Boarder Shopping Service)
- The Company may provide cross-border shopping services in which an overseas damda Supplier sells and ships goods to buying Members in Korea.
- Members buying goods through the cross-border shopping service can cancel their purchase order at any time before paying for the purchased goods. However, once paid, the order cancellation will be processed under the return procedure, not the cancellation procedure, due to the cross-boarder shopping service’s nature.
- Articles 16 through 18 shall apply to returns and refunds for the goods purchased through the cross-border shopping service.
Article 13 (Delivery of Goods)
- A delivery period shall begin on the date following the date on which receipt or settlement of payment is confirmed and end on the date of completion of delivery.
- damda Suppliers shall complete necessary steps for the goods to be delivered to a Member within three days from receipt of the Company's payment confirmation.
- Days during which delivery is impracticable due to a force majeure event or otherwise shall not be counted as part of a delivery period.
- As a general rule, any dispute arising among the Member, damda Supplier, damda Seller, delivery service provider, and financial institutions concerning the delivery shall be resolved by the relevant parties. At the same time, the Company shall in no way take any responsibility.
- If a status update concerning delivery is delayed due to the buying Member’s failure to confirm his/her/its receipt after the damda Supplier has properly confirmed shipping on its part, the Company may ask the buying Member to confirm his/her/its receipt within two weeks from the date of damda Supplier’s confirmation of shipping. If thereafter, despite the Company's asking, the buying Member does not confirm his/her/its receipt, the status of the transaction may be automatically converted to "completion of delivery" as at the passage of three days, and in such case, if the buying Member has not actually received the product, then the buying Member may report non-receipt.
Article 14 (Cross-Boarder Delivery Service)
- The Company provides services to support international delivery of goods for which a sale and purchase contract is entered into through international delivery networks in the business partnership with the Company. The stages of international delivery will consist of the following:
- Domestic Delivery: up until the goods purchased by a Member are warehoused in a third party's logistics center that is in the business partnership with the Company; and
- International Delivery: from the warehousing to the delivery to the recipient through international delivery networks.
- In the case of international delivery, a sale and purchase contract may be canceled at any time before the delivery of the purchased goods. A return due to the buying Member's change of mind will be allowed only up to the stage of domestic delivery. As a general rule, no return will be allowed once the international delivery stage commences. However, as an exception, if the Company approves a return for a justifiable reason (e.g., an inherent defect in the purchased item, etc.), the purchased item may be returned even if its international delivery is completed.
- A buying Member who intends to obtain the Company's approval for a return shall submit objective evidencing materials to the Company to prove the reasons therefor, e.g., an inherent defect in the purchased item. If such inherent defect is proved, the damda Supplier shall bear all necessary costs and expenses incurred for a return, including without limitation delivery costs, etc.
- If the Company approves a return, the buying Member shall contact the Customer Center, return the purchased item through a post office located in the relevant area, and provide evidencing documents (i.e., evidence of delivery costs, etc.) to the Company.
- If the estimated international delivery costs paid at the time of purchase are greater than actually incurred costs, the Company shall refund the difference using damda Cash.
- If the estimated international delivery costs paid at the time of purchase are less than actually incurred costs, delivery will be possible only if the buying Member makes the additional payment. If the international delivery costs are not fully paid within one (1) month despite the Company's three (3) or more notifications, the purchased item will belong to the Company or be discarded.
- The recipient shall bear all other costs and expenses that may incur and vary depending on the country of shipping/delivery (such as customs, taxes, etc.) concerning the use of cross-border delivery services.
- If the purchased item is returned to the Company for any of the following reasons, the Company will notify the buying Member by e-mail or otherwise, and, if the buying Member does not pick up the purchased item within three months from the date of the first notification, the purchased item will belong to the Company or be discarded:
- If it is returned because the recipient’s address is inaccurate or unidentifiable;
- If it is returned due to any circumstance attributable to the recipient;
- If it is returned in the course of customers clearance – e.g., because the import of the item to the country of the recipient is prohibited; or
- If it is returned otherwise due to any reason not attributable to the Company.
Article 15 (Cancellation)
- A Member may cancel an order of purchase at any time before the shipping of the purchased items. If cancellation is requested during the delivery, it will be handled under the return procedures. Members can cancel their orders at any time before paying for the purchased goods. However, once paid, the order cancellation will be processed under the return procedure, not the cancellation procedure.
- If the damda Supplier fails to complete the steps required for delivery within three business days after being notified that the Member has completed the payment, the transaction is automatically canceled, and a refund is made to the Member.
- If an application for return is received after a Member completes payment and while shipping is arranged or pending shipping, the order's cancellation will be immediately processed absent special circumstances.
- If an order is canceled when the purchased items have already been shipped when the cancellation application is received, as a general rule, the buying Member shall bear the fees for both delivery and return of the shipped items. Such procedures shall follow the procedures for return of purchased goods rather than the procedure for cancellation of purchased goods.
- The goods will be processed as canceled following the procedures for cancellation of purchased goods, and all damda Cash or damda Points used for the purchase will be reinstated.
Article 16 (Return)
- A buying Member may demand a return of the purchased goods within seven days after receiving the goods.
- The relevant laws, including the Act on the Consumer Protection in Electronic Commerce, Etc. will prevail over the terms and conditions of sales suggested by the damda Supplier or damda Seller, as for general terms and conditions on the return.
- As a general rule, costs and expenses incurred for the return shall be borne by a person to which the reason for the return is attributable—e.g., in the case of a simple change of buying Member's mind, the buying Member shall bear the return costs, while in the case of a defect in the purchased goods, the damda Supplier shall bear the return costs.
- When applying for the return, if the buying Member does not set out the return invoice number or accurately notify (orally or in writing) the damda Suppler of the reason for the return, the return and refund process may be delayed.
- As for the refund for a returned item, after the damda Supplier receives the returned item and after the reasons for the return and who to bear the costs and expenses for the delivery and return costs are confirmed, payment using damda Cash will be refunded to the relevant Member within three business days. The payment by credit card will be canceled immediately.
- Return requests will be processed according to the return procedure, and the damda Cash used in the purchase will be restored while the damda Points will not be restored.
- If the buying Member has to bear the return costs and the additional payment of the return costs is not made, the refund may be delayed.
Article 17 (Refund)
- A Member may demand a return of the purchased items within seven days after receipt of the delivery but before confirming the purchase.
- Costs and expenses incurred for the return shall be borne by a person to whom the reason for the return is attributable—g., in the case of a simple change of mind, the buying Member shall bear the return costs, while in the case of a defect in the purchased items, the damda Supplier shall bear the return costs.
- In the case of a refund due to the buying Member’s order cancellation or return, the Company will refund the money by damda cash within three business days or cancel the payment immediately if made by credit card.
- As a general rule, a refund of payment by credit card can be made only by canceling such payment.
- If a Member intends to receive refunds made with damda Cash into another bank account, the Member may make a fund transfer request to have the funds transferred to such a separately designated account.
Article 18 (Exceptions to Return)
In any of the following cases, the buying Member shall not demand a return:
- If the item is lost or damaged due to a cause attributable to the buying Member;
- If the item's value has notably decreased due to the use or partial consumption by the buying Member;
- If the value of the item has notably decreased due to the passage of time to make its resale difficult;
- If the packaging of a duplicable media product is damaged; or,
- If the item is specially ordered, and the buying Member consented in writing (including electronic consent) that returning the item would likely cause irreparable damage to the damda Supplier.
Article 19 (Escrow Services)
- In the pre-paid mail-order sales, the Company will seek the safety of transactions for the buying Member by placing in escrow the payment of a purchase price from the buying Member and delivering the payment to the damda Supplier after the completion of delivery.
- The Company will request the buying Member to notify the Company of the receipt of the purchased items within three business days from the receipt of such items to check delivery errors.
- If the buying Member has received the purchased items and clicks on [Purchase Confirmation], the Company shall deliver the payment to the damda Supplier the next day (excluding Saturdays and public holidays). However, if the buying Member does not click on [Purchase Confirmation] within seven days after receiving the goods, the Company may deliver the payment to the damda Supplier within two business days from the date of delivery. If the buying Member notifies the Company of his/her/its intent to return the item before the Company has delivered the payment to the damda Supplier, then the Company shall withhold the delivery of payment until further notice.
Article 20 (damda Credit)]
- A damda Supplier may grant damda Credits to damda Sellers or Members at its discretion. In this case, the Company converts such Credits into damda Cash or damda Points from the money deposited by the Member to grant it to that Member as determined by the damda Supplier.
- damda Credits will remain valid until the Member maintains his/her/its membership.
- The damda Credits that the Company issues to a Member may be subject to an expiration date and limitations on use listed on the service webpage or notified through e-mail. damda Credits will automatically lapse upon the expiry of the valid term.
- Members can freely transfer their damda Credits to other Members or withdraw in cash. However, if the Member requesting cash withdrawal has a debt to the Company, the Company can deduct the debt first from the cash withdrawal.
Article 21 (damda Cash)
- Members who buy goods on the damda Platform can receive damda Cash from the damda Seller or damda Supplier at a predetermined percentage of the purchase amount. Members can use damda Cash to buy goods on the damda Platform. damda Cash is converted to damda Credits when the sales price is settled and distributed among the Company, damda Supplier, damda Seller, and affiliates.
- damda Suppliers who have received the damda Credits under the preceding paragraph can set a portion of the remaining Credits after paying the platform fees to the Company at their discretion to distribute them to damda sellers, affiliates, or Members.
- The Company may pay damda Cash to Members to promote the damda Platform or settle the canceled or returned goods.
- damda Cash shall not accumulate over KRW 2 million under the relevant laws such as the Electronic Financial Transaction Act. Such limits may change by the revision of the relevant laws such as the Electronic Financial Transaction Act.
- damda Cash will remain valid until the Member maintains his/her/its membership from the date they accumulate. However, the Company may determine damda Cash's validity separately if it is re-granted after a canceled order that used damda Cash or issued through events or marketing/promotion.
- Members can freely transfer their damda Cash to other Members or withdraw it in cash. However, if the Member requesting cash withdrawal has a debt to the Company, the Company can deduct the debt first from the cash withdrawal.
- Cash withdrawals may be subject to the requirements posted on the website.
Article 22 (damda Point)
- Members who buy goods on the damda Platform can receive damda Points from the Company, damda Seller, or damda Supplier at a predetermined percentage of the purchase amount. Members can use the damda Points as a payment method when purchasing goods on the damda Platform. damda Points are converted to damda Credits when the sales price is settled and distributed among the Company, damda Supplier, damda Seller, and affiliates.
- damda Points are valid for a maximum of 30 days from the date of issue. The Company may set another validity within the preceding maximum period. damda Points will automatically lapse upon the expiry of the valid term.
- damda Points cannot be withdrawn from the account as cash. damda Points, unless as prescribed otherwise by the Company, cannot be transferred to another party or used for illegal purposes. In the event damda Points are transferred to another party or used for any illegal purpose, the Company may withdraw the damda Points or suspend the Member’s membership after notifying the Member in advance of the Company’s reasons for doing so.
- damda Suppliers can set the percentage of damda Points to be used in buying a specific product. In this case, Members purchasing that product can use only damda Points equivalent to the above ratio for payment.
Article 23 (Discount Coupon)
- The Company or damda Suppliers may issue Discount Coupons free of charge. The Discount Coupons’ detailed classification, discount amount (discount rate), method of use, usage period, and restricted usage will be displayed on the Discount Coupon or the corresponding service screen. The Discount Coupons’ type, content, and issuance may be changed under the Company’s service policy.
- Members can use Discount Coupons for their purchase only and shall in no event sell or transfer any of them to another person unless specified otherwise by the Company.
- The use of Discount Coupons may be subject to limitations depending on the item or price of goods. No discount coupon may be used after the expiry of its valid term.
- If the purchased items are returned, or the purchase is canceled in which Discount Coupons were used for the underlying purchase, the used Discount Coupon may be reused as a general rule. However, such reuse may be impossible in certain circumstances as prescribed in the Company's internal rules, such as a purchase's cancellation due to a simple change of mind.
Article 24 (Seller Shop)
- Members may follow damda Sellers’ Shop and use additional services provided by the damda Supplier, such as various event opportunities and discount coupons.
- damda Sellers may by e-mail send advertisements, coupons, and the like to Members who follow their Seller Shop, and such Members may refuse to receive them if they do not want to.
- damda Sellers may not use the name of damda Platform, the Seller Shop name of another selling Member, or the name of the Seller Shop that may be mistaken, or use a name that includes other Seller Shop names.
- The Company may request the damda Seller who violates the preceding paragraph to amend the Seller Shop name, and if the damda Seller fails to comply, it may take measures such as restricting product sales.
Article 25 (Management of Users)
- The Company may take the following actions concerning a Member who has violated the T&C, applicable laws, or general principles of commercial transactions:
- Withdrawal of the membership;
- Withdrawal of benefits (in part or in whole) provided by the Company;
- Restriction of the use of certain services;
- Bringing a claim for damages; or,
- Filing a charge or report.
- If the Company intends to take any action provided in the preceding paragraph against a Member, the Company must in advance notify the Member thereof by phone or by e-mail, and if inevitable (such as, if it is impossible to reach such Member or in an emergency), the Company may notify the Member after taking action.
- A Member may raise an objection by phone or by e-mail to the action (to be) taken by the Company under the preceding paragraph if he/she/it has a reason for such objection.
Article 26 (Member Rating and Benefits)
- The Company may ascribe a certain credit rating to the Member, based on the amount, number, and frequency of the Member’s purchase and other performance records and the like, and grant certain benefits depending on the respective credit ratings.
- The Company may disclose any terms and conditions of the credit ratings ascribed to the Members and respective benefits granted by the Company and any amendment to such terms and conditions on a separate webpage serviced by it.
Article 27 (Protection of Rights, including Copyright)
- Copyright to various content posted on the damda Platform (including product review and Q&A) shall vest in the Member who prepared/posted using the Company's shopping services. If any such content infringes upon any other person's copyright, the Member shall be liable therefor.
- If a Member’s copyright is infringed on damda Platform, the Member may protect his/her/its lawful right through the Customer Center operated by the Company.
- The Company may, without prior notice, remove any content posted on damda Platform or take any action (such as placing restrictions on the use of certain services, terminating membership, etc.) against the person who posted the content, in the following case:
- If the content violates Korean laws and regulations;
- If an illegal product, or obscene content, of which sales are prohibited under applicable laws and regulations, is posted or advertised;
- If any untrue or exaggerated statement for advertisement is included in the content;
- If other’s rights, reputation, credit, or other lawful interests are infringed or violated;
- If a link inducing to a direct dealing or another website is posted;
- If any malignant code or data that may cause the information and communication equipment to malfunction are included in the content;
- If it is against the social or public order in the society or good morals and traditional customs;
- If it is found impeding the smooth operation of the damda Platform services provided by the Company;
- If it contains content related to criminal acts; or,
- If it contains content that instigates political or economic disputes.
- Any content posted on the damda Platform (whether in its product review, Q&A, or otherwise) and prepared by a Member may be reproduced, distributed, transmitted, or exhibited on other websites that partner with the Company to promote and advertise any products transacted on the damda Platform, and may be revised or edited to the extent not changing the essential substance thereof.
Article 28 (Customer Center)
- The Company will operate the Customer Center to ensure fair and safe transactions, address customer concerns, and resolve by mediation a dispute between Members or between a Member and a third party in their use of the Services.
- The Company will maintain order, soundness, and transparency in e-commerce transactions by implementing a reporting procedure for its Members and solving problems.
- Suppose the Company determines that the complaints and comments submitted by a Member are reasonable. In that case, the Company shall address such concerns as soon as possible by notifying the Member of the case progress within three business days and the results of its investigation and remedies within ten business days.
- Members shall, with sincerity, respond to the mediation process through the Customer Center.
Article 29 (Members’ Obligations)
- Members must comply with the T&C, Company's policies, and related laws and must not commit any act that interferes with the Company's business.
- Members shall not commit any of the following acts:
- Acts that infringe on others’ rights, such as copyright and damda Sellers’ right of name or portrait;
- Entering into any direct dealing with other Members, damda Sellers, or damda Suppliers (“direct dealing”) without using the Escrow Service provided by the Company;
- Using the Services or accessing to the system unusually without utilizing the method provided by the Company;
- Using the Company's shopping services in others' name or with the information on others credit card, bank account, and the like;
- Conducting unusual settlement in a manner prohibited by applicable laws (such as the Specialized Credit Financial Business Act);
- Conducting a purchase without any real intent to make a purchase;
- Acts that cause losses to the Company and interfere with the creation of a fair market environment by concluding many abnormal transactions using the discount rates provided by the Company;
- Commercializing data or software related to damda Platform;
- Transacting for resale purposes;
- Exporting or re-exporting damda Platform tools in violation of related laws and regulations, such as the Customs Act.
- The Company may suspend or cancel the transaction confirmed to have violated the prohibition under Paragraph 2 above and withdraw benefits, in part or in whole, granted to the Member by the Company, restrict the Services' use, or terminate the breaching Member's membership. The Company may request compensation if the Members’ actions result in damages.
- Any Member may report to the Safe Trade Center operated by the Company, a damda Supplier, or damda Seller who entered into or induced to enter into a direct dealing. Any party to a direct dealing shall enter into such direct dealing at its responsibility for any issues and problems arising from the direct dealing. The Company shall in no way be responsible for any such issue or problem.
Article 30 (Relationship between Rules, Applicable Laws and Regulations, and T&C)
- Relevant laws shall govern any matters not provided in the T&C, including the Act on the Consumer Protection in Electronic Commerce, Etc., any other applicable regulations, and general commercial practices.
- For transactions executed through the Company's shopping service, the Act on the Consumer Protection in Electronic Commerce, Etc. and other applicable laws and regulations shall primarily apply to the parties to the transactions, and neither party may claim release of its liabilities in reliance with the T&C.
- If necessary, the Company may set out separate terms for specific services (“Individual T&C”) and post the Individual T&C on the damda Platform for advance notification.
- Amendment of the Individual T&C provided in the preceding paragraph will be posted 14 days before the effective date.
- Members shall pay attention to any changes to the T&C and the Individual T&C, and when any amendment thereto is posted, Members shall review and check them.
Article 31 (Disclaimer)
- As a mail-order intermediary, the Company only operates, manages, and provides a transaction system on the damda Platform. The Company does not act on behalf of any damda Seller or damda Supplier. Liability related to the transaction established between the Member and damda Seller or damda Supplier, and all responsibilities for the information provided by the Member are directly borne by the party concerned, and the Company shall not be held liable.
- Concerning the transactions between sellers and buyers through the system provided by the Company, the Company will not guarantee the existence and genuineness of the intent to sell or buy, the quality, completeness, safety, and legality of the registered items, non-infringement of third party rights, or the truthfulness or legality of the information entered by any seller or buyer, or data posted on the URL linked to the information entered by any seller or buyer. The Members concerned shall solely take any risks and responsibilities relating thereto, and the Company shall not be held liable for any damages arising from the preceding provision.
- Company's notification to the Member shall be considered complete when the notice is delivered to the address or e-mail address provided by the Member. Any damages arising out of the failure to update information must be borne solely by the relevant Member, and the Company shall not be held liable for any such damages.
- Absent willful misconduct or gross negligence of the Company, the Company shall not be liable for any damages suffered by a Member or a third party due to the Services' temporary suspension according to Article 9.
- The Company shall not be liable for any Service interruption that has arisen for a reason attributable to a Member.
- The Company shall in no event be liable for any damages whatsoever arising from a Member's disclosure or provision of his/her/its personal information to another.
Article 32 (Dispute Resolution)
Any lawsuit arising from or out of the T&C, to which the Company is a party, shall be submitted to the Seoul Central District Court referred to as the exclusive competent court of the first instance.
Article 33 (Others)
- The Company may, if necessary, change or suspend certain Services (or part thereof) temporarily or permanently by providing advance notice on the damda Platform.
- Neither the Company nor Members shall transfer any rights and obligations under the T&C to a third party without the other party's express consent.
- Transactions on mobile may be restricted or delayed due to issues with the wireless data service network, etc., used by the Member and the Member's current location.