Article 1 (Purpose)
The purpose of these Terms and Conditions of Use of damda Platform Selling Services (the “T&C”) is to promote mutual benefit and growth and active transactions between the parties by clarifying the rights, obligations, and responsibilities of damda.Com (“the Company”) and the selling members using the damda Platform ("damda Platform") selling services provided by the Company ("the Services"), the Service usage procedure, and other related matters.
The T&C also aims to set forth the rights, obligations, and responsibilities of the parties using selling services and other services as a selling member of the damda Platform.
Article 2 (Definitions)
- The following terms used in the T&C shall have the following meanings ascribed to them. Any terms not defined in the T&C shall have the meanings used in the general commercial practices.
- "damda Platform" means a virtual commerce place set up by the Company to provide mail-order intermediary services to the sellers, damda Star, and buying members to facilitate them to trade goods and services using information and communication devices such as computers and smartphones.
- “Open Market Operator” means a business operator that provides an open market and additional services (such as advertising placement) in the open market and receives consideration in return.
- “Seller” means a member who is registered as a damda Supplier or damda Seller after agreeing to the T&C of Use of damda Platform and this T&C to sell or offer to sell goods using the selling service.
- “eMoney” is a payment method that the Seller can use to settle service fees with the Company. The Company can accumulate a portion of the sales proceeds as eMoney payable to the Seller who sold goods on the damda Platform.
- The terms used in this T&C are defined under Article 2 of the T&C of Use of damda Platform unless otherwise specified herein.
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. The amended T&C, the then-current T&C, the effective date of, and the reasons for the amendment will be posted for 14 days until the date immediately preceding the effective date. However, if such an amendment negatively affects Members or is about a material provision, the Company shall notify the foregoing for 30 days before the date of such an amendment’s effect.
- The T&C changed according to the preceding paragraph shall not apply retroactively before the effective date unless specified otherwise in the relevant laws or regulations or other inevitable reasons.
- Suppose a Seller does not express his/her/its intent to consent or reject the changed T&C after the effective date under Paragraph 3 above. In that case, he/she/it may be deemed to have agreed to the changed T&C. If a Seller does not consent to the changed T&C, he/she/it may terminate the User Registration.
- The Company shall not be liable for any damages to Sellers caused by their not knowing of the amended 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;
- Sales-related support services;
- Product information search services; and
- Other e-commerce-related services.
- The Services in the preceding paragraph aim to facilitate Members to trade goods or mail orders. In any case, the Company is not responsible for any product registered by a Seller on the damda Platform.
- The Company may provide a service of translating product information, advertisement, and sales terms from Korean into foreign languages if requested or agreed by a Seller wishing to sell goods to foreign buying Members. In this case, the Company does not guarantee the accuracy of the translation and will not bear any responsibility for the translation.
- Sellers are responsible for all transactions relied on product information translated into foreign languages.
Article 5 (eCommerce Platform Service)
- The Company supports Sellers in their product sales on the damda Platform in various forms by providing an e-commerce platform.
- The Company may expose goods to other sites approved by it, such as domestic and overseas portals and platforms operated by Affiliates, and display the registered goods at discounted prices for certain discount events to promote the sale of Seller products registered on the damda Platform.
- The Company may post product information registered by Sellers on the damda Platform under its standards and methods, determine and change the location, size, and arrangement of goods on the damda Platform screen, and post other information on the damda Platform such as events and advertisement to promote its services.
- The Company may provide a price comparison service using the product information registered by Sellers on any site it operates.
Article 6 (Sales Promotion Service)
- For sales promotion, the Company may provide various sales promotion services Sales Promotion Service at costs (“Promotion Fees”), such as discount coupons and damda points that the Seller can provide to the buying Members, seller shop logos and shop skin for the Sellers to expose their goods effectively, and banner advertisements.
- The Company notifies Sellers of the contents of the Sales Promotion Service, usage method, usage fee, and implementation period on the damda Platform’s initial screen or by e-mail.
- Promotion Fees are prepaid and non-refundable regardless of purchase cancellation or return. However, refunds are made if product registration has failed due to defects in the Company's information communication systems or services.
- Promotion Fees charged in advance will be withdrawn first from the Member’s eMoney.
Article 7 (User Registration for Selling Service)
- The user registration for Selling Services (the “User Registration”) shall be completed upon the Company’s acceptance of an application for the use of Selling Services of a person who intends to use the Selling Services. The Company will notify the applicant of its intent to accept or deny the application on the damda Platform or by e-mail or otherwise.
- A person who intends to use the Selling Service must agree to the T&C and provide the necessary information in the registration application form prescribed by the Company.
- Anyone over 19 years of age or business operators (both private companies and incorporated companies) can apply for registration as a damda Seller or damda Supplier. 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.
- Registration applications are processed on a first-come-first-serve basis, and User Registration is completed when the Company’s approval reaches the applicant.
- The Company may postpone or refuse to approve a registration application if any of the followings has been discovered:
- If the applicant has used someone else’s name in the application form;
- If there is a Member who uses the same name, e-mail address, or resident (or business) registration number as the applicant;
- If re-applying within two months from the date the Company has disqualified the membership of the applicant;
- If reapplied by a Member subject to a membership suspension or other sanction by the Company during the suspension or other applicable period;
- If the facilities or equipment cannot afford or if there is a technical difficulty;
- If 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.
- The Company may request the provision of evidence to the extent permitted by relevant laws to check the accuracy of the information provided by the Seller under Paragraph 2. If the Seller refuses to provide evidence unreasonably, the Company may take measures such as canceling the User Registration, restricting sales activities, or withholding payment of the settlement. The Seller shall not hold the Company liable for any damages caused by such measures.
Article 8 (Term of Selling Service and Deregistration)
- The term of using the Selling Service will begin from the date on which the Seller agrees to the T&C and end at the end of the corresponding year. It is renewed automatically for one successive year unless either party objecting to the renewal gives written notice to the other party at least one month before the expiration of the then-current term.
- If any of the followings is discovered, the Company may cancel the User Registration and recover all the various benefits additionally provided to the Member:
- A Seller 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 that interferes with the smooth operation of the Services;
- The reason to refuse the User Registration application under Article 7.5 is discovered;
- A Seller has provided false information or data supporting the information or failed to provide the supporting document requested by the Company; or,
- The Company determines that it is necessary to refuse to provide the Selling Service at its reasonable discretion.
- If the Company disqualifies a Seller, it will notify the Seller of the de-registration through phone or e-mail, along with the reasons, and the User Registration will lapse upon the notice. The Company may provide the Seller an opportunity to state his/her/its opinion.
- The Company may notify the Seller of User Registration cancelation without a separate notice of demand in the event of any of the followings:
- A Seller in violation of transactional obligation has not corrected the violation within seven days after receiving a request for correction from the counterparty;
- A Seller can no longer perform the service agreement due to the suspension imposed by a financial institution, an administrative disposition such as the commencement of rehabilitation, bankruptcy, or business suspension procedure, preservative measures against major assets, business transfer, or merger;
- Members’ claims against the Seller account for 30% or more of the Seller’s transactions during the last two months due to reasons attributable to the Seller;
- A Seller caused tangible or intangible damages to the Company, such as damaging the Company’s reputation, due to a reason (such as violation of applicable laws) attributable to it.
- Notwithstanding the preceding paragraph, the Seller may terminate the User Registration at any time by notifying the Company of his/her/its intent, provided that the Seller completes all pending transactions and settles the debt with the Company before giving such notification.
- The T&C of Use of damda Platform and this T&C shall continue to apply to the Seller’s goods sold or the transactions incomplete before the expiration of the Selling Service term or cancelation of the User Registration by the Company or the Seller.
Article 9 (Protection of Personal Information)
- The Company collects the minimum amount of personal information from Sellers to the extent necessary for the Services provision.
- A Seller may not provide false information when applying for User Registration. In the event of any change in the information provided in the User Registration application, the Seller must immediately update the information. The Seller shall promptly provide proof of the change at the Company’s request.
- Company’s notification to the Seller shall be considered complete when the notice is delivered to the address or e-mail address provided by the Seller. The Seller shall be liable for any damages arising out of the failure to update his/her/its information while the Company shall not be held liable for any such damages.
- Sellers will indemnify and hold harmless the Company from any claim made by any third party due to Sellers’ failure to update their information or use of false information. In this case, the damages shall be determined based on the Seller’s sales, and the Company is entitled to prove the damages it suffered to receive additional compensation.
- The Company does not use the information provided by a Member for purposes other than operating the Services as agreed by the Member. Suppose the Company has a new purpose of the use or provides personal information to a third party. In that case, 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.
- Sellers shall not use others’ personal information acquired through the use of the Selling Service for purposes other than those specified in this T&C and shall bear all civil and criminal liabilities under the applicable laws when breaching the preceding provision.
- The Company may close the personal information of a buying Member disclosed to the Seller for delivery, etc., after a certain period to protect personal information.
- The Company may disclose information about a Seller at the request of an investigation agency under the related laws, such as the Telecommunications Business Act.
- When processing personal information of a buying Member, Sellers shall take technical and organizational measures to ensure safety as prescribed by the related laws so that the personal information collected may not be lost, stolen, divulged, forged, altered, or damaged. Sellers shall limit the number of persons who process Members’ personal information to the minimum extent and destroy personal information when they attain the purpose of processing personal information in such a manner that the information so destroyed cannot be recovered or revived.
Article 10 (ID and Password Management)
- Sellers are responsible for managing their ID and password and shall not transfer or lend their ID or password to another person under any circumstances.
- Each Seller and user shall take responsibility for any damages and losses arising out of the leakage, assignment, or lending of their ID or password for a cause not attributable to the Company.
- Suppose a Seller becomes aware of the theft or unauthorized use by a third party of his/her/its ID or Password. In that case, the Seller shall immediately notify the Company thereof, and the Company shall exert its best efforts to handle the situation promptly.
Article 11 (Sales of Goods)
- Sellers can sell goods on the damda Platform as soon as their User Registration is completed. However, Sellers must directly register and manage product information and transaction conditions in the manner prescribed by relevant laws, such as the Act on the Consumer Protection in Electronic Commerce, Etc., and the methods outlined in this T&C to start selling their products. Sellers determine the type, range, retail price, and transaction conditions of the product they sell, taking into account the Selling Service fees and shipping charges. The Company may set the terms and conditions to prevent damage to the buying Members, such as the payment and delivery methods for the purchased products.
- Sellers can take appropriate action, such as out-of-stock indication or product de-registration, for a product with no purchase history for one year after being registered.
- Suppose a product is paid for by a credit card issued overseas. In that case, the Seller transfers the account receivable (the purchase price) to the Company and grants the Company or its agent to notify the buying Member of the transfer on behalf of the Seller. Seller agrees that the Company will pay the Seller an amount equivalent to the sales proceeds (the purchase price minus the service fees).
Article 12 (Termination of Services)
- After providing notice of suspension and reasons thereof on the damda Platform’s initial screen, the Company may temporarily suspend the Service 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 Service provision if it is unable to provide the Service due to an act of God or a force majeure event equivalent thereto.
Article 13 (Service Usage Fees)
- Selling Service Fees are the fees charged by the Company and payable by the Members in consideration of the services and optional services provided by the Company. The Company determines the service usage fees chargeable to the Seller in consideration of the cost of Service provision, the market situation, the type of sales transaction, the item dealt, and the transaction method.
- Service usage fees are the sum of Selling Service Fees (the standard profit margin) and various optional service usage fees (“Option Fees”) (including Seller-paid discount coupons). When a Seller receives a refund from the Company for the Seller-deduction amount, the Option Fees are set to zero.
- The Company will notify the Seller of service usage fees on the damda Platform and establish and notify new service usage fees or change the current service usage fees if necessary on the damda Platform.
- To activate sales, the Company may reduce Selling Service Fees for specific items. When an item’s retail price is reduced (except when the Seller has reduced the retail price without prior consultation with the Company), the Selling Service Fees for that item are reduced, taking account into the reduced retail price.
- The Company may deduct Selling Service Fees from the sales proceeds or eMoney. The payment method may change by agreement between the Company and the Seller or the Company’s internal circumstances.
- At the beginning of each month, the Company issues a tax invoice for the Selling Service Fees under Paragraph 1 accrued during the previous month.
Article 14 (Delivery of Goods)
- The Company will guide damda Suppliers to check the order information when the payment for the ordered item is complete. After checking the order information, the damda Supplier shall enter relevant data, such as the estimated shipping date, on the damda Platform and ship the ordered item according to the order information. If the damda Supplier fails to enter the estimated shipping date on the system within three business days after checking the order, the order may be automatically canceled and refunded.
- The damda Supplier must once again verify that the order has not been canceled before shipping the product. If the damda Supplier ships the product without verifying the order, and the buying Member cancels that order with the Company, the Company will cancel the order and refund the buying Member without notifying the damda Supplier in advance. The damda Supplier shall bear the return costs.
- damda Suppliers can set whether to charge shipping charges for each product and are responsible for completing delivery after checking the shipping charges payment method selected by the buying Member.
- damda Suppliers shall pack their goods appropriately to prevent damage in transit and then entrust a logistics agency (courier) or O2O (On-line to Off-line) service provider (e.g., Baemin) with delivery that can prove/track delivery. The Company may provide integrated courier service or international delivery service through business alliances with third parties.
- damda Suppliers must immediately enter delivery-related information on the damda Platform after entrusting delivery with a logistics agency. If the damda Supplier enters the delivery information without entrusting delivery with a logistics agency, the Company will regard it as entering false delivery information.
- damda Suppliers shall complete product delivery within three business days after the buying Member pays for the product under the Act on the Consumer Protection in Electronic Commerce, Etc., and prove the delivery by entering information, such as the waybill number, on the damda Platform system. The Company may take measures such as restricting product sales or the number of item registrations against a damda Supplier who violates the preceding obligations. The same applies if the transaction is canceled because the damda Supplier did not ship the product.
- damda Suppliers can deliver products directly to their buyers. However, if a claim arises because the delivery is not proven or tracked, the damda Supplier must present proof of product delivery.
- damda Suppliers shall take measures so that the buying Members can receive the ordered product within three business days after the product is shipped (except for international delivery).
- If a buying Member fails to receive the product in due course for reasons not attributable to him/her/it, such as delivery error, the damda Supplier shall bear all responsibilities.
Article 15 (Cancellation)
- If a Seller does not accept the purchase order even after receiving the payment/payment notification of the buying Member, the payment will be refunded to the buying Member.
- Suppose a damda Supplier cannot supply the product due to out of stock, etc., after accepting a purchase order. In that case, he/she/it must immediately notify the buying Member thereof by phone or e-mail to find whether the buying Member wishes to cancel or exchange the ordered item. The damda Supplier shall notify the Company of the buying Member’s intent about the order so that the Company can refund and take necessary action within three days from the date of payment made by the buying Member.
- Buyers’ order cancellation requests made after the damda Supplier’s acceptance of the purchase order will be processed under the return procedure rather than the cancelation procedure if delivery has begun.
Article 16 (Return)
- damda Suppliers shall take necessary action or refund within three business days after receiving returned goods from the buying Member.
- damda Suppliers may hold refunds when they charge return costs to the buying Member. Nevertheless, they must complete the refund within five business days after receiving the returned product. Sellers may be subject to a disadvantageous measure if the buying Member raises a claim concerning the delay in refunds.
- Suppose a damda Supplier does not take any action within three business days from the date he/she/it has received the returned product from the buying Member. In that case, the refund may be automatically made to the buying Member.
- damda Suppliers, who acknowledged product defects or delivery error, shall not claim the return costs to the buying Member. If the buying Member prepaid the return costs, the amount must be returned at the Member's request.
- Buying Members may request a return within seven days after receiving the goods under the relevant laws and regulations, and the damda Supplier must accept such request if the buying Member requests a return within the above period, except for the following cases:
- If the item is 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 packaging of a duplicable media product is damaged;
- If the buying Member gave prior written consent (including electronic documents);
- If the return is restricted by law.
- damda Suppliers must accept returns where the product's contents are different from what was indicated or advertised. Buying Members shall request for a return within 90 days from the date of receiving the product or within 30 days from the date he/she/it knew or could have known such fact.
- damda Suppliers must check the return requests from time to time and take action. The Seller shall bear all responsibility for the return-related matters arising from the failure to check the return requests and shall not refuse the return on the ground that there was no prior agreement.
- Suppose a damda Supplier wants to restrict the buying Members from canceling purchase orders. In that case, he/she/it must post the reason for the restriction on returns on the product page on the Platform in a place where the buying Members can easily see. The Act on the Consumer Protection in Electronic Commerce, Etc. shall prevail over the return conditions set by the Seller.
- If a buying Member raises a claim due to a damda Supplier’s violation of the T&C, related laws, or the Company’s usage policy concerning order cancellation, return, or refund, the Company may take specific measures against the damda Supplier, including demanding improvement, warning, restricting product registration, and suspending settlement.
- The Company may take measures against a specific Seller, such as restricting product sales and product registration if it determines that the rate of order cancellations and returns is significantly high due to reasons attributable to that Seller.
Article 17 (Payment Settlement)
- Payment settlement following product sales on the damda Platform is based on the product sales price, excluding Selling Service Fees and Promotion Fees. Sellers determine the retail price, taking into account the Selling Service Fees (the standard margin), shipping charges, and Option Fees.
- Suppose a buying Member has received the purchased item and clicks on [Purchase Confirmation]. In that case, the Company shall deliver the payment to the Seller the next day (excluding Saturdays and public holidays). However, suppose the buying Member does not click on [Purchase Confirmation] within seven days after receiving the goods. In that case, the Company may deliver the payment to the Seller within two business days after the seven-day period. Suppose the buying Member notifies the Company of his/her/its intent to cancel, return, or exchange the item before the Company has delivered the payment to the Seller. In that case, the Company shall withhold the delivery of payment until further notice.
- The Company may not settle the sales proceeds of any registered product if it sells after the Seller of that product closes its business.
- The Company delivers payment to the Seller after deducting the service usage fees and Promotion Fees from the sales proceeds and notifies the Seller of the sales proceeds, deductions, and settlement amounts by e-mail or on the damda Platform.
- The Company shall first deduct the refund amount from the Seller’s eMoney if there is a request for a legitimate cancellation or return by a buying Member after the payment settlement. If the refund amount exceeds the eMoney, the Company will deduct the excess amount from the due amount payable to the Seller.
- The Company notifies the Sellers of specific details on the settlement of sales proceeds, such as the settlement date, on the damda Platform.
Article 18 (Reservation of Payment Settlement)
- The Company may deduct expenses incurred due to reasons attributable to the Seller from the settlement amount when settling sales proceeds.
- When the Company or a Seller cancels the User Registration, the Company withholds an amount equivalent to 30% of the average sales of the Seller in the last three months for three months from the date of terminating the contract and pays the balance after deducting costs, such as return costs arising out of a member’s claim.
- Suppose product delivery is delayed for a long time. In that case, the Company may consider the delivery complete and close the order but may defer settlement of sales proceeds for a certain period in case of order cancellation.
- The Company may suspend settlement of payments for a Seller if there is a court decision, such as seizure/provisional seizure against the Seller’s sales proceeds.
- The Company may withhold settlement of sales proceeds for any of the following reasons:
- To determine whether the transaction is fraudulent, such as fraudulent use of a credit card when a buying Member pays for a product with a credit card;
- When an authoritative entity, such as a court, requests to withhold payment of sales proceeds;
- If the Seller is discovered to have sold products unsuitable for sale;
- If it is judged that the Seller is not engaged in sales activities or out of contact to render assistance in future claims of buying Members;
- If a Seller sells the prohibited products listed in Article 23.1 of the T&C;
- If the same type of claim recurs against the Seller;
- If there is a reasonable ground or provided for under the applicable laws.
Article 19 (eMoney)
- Sellers may accumulate eMoney by paying cash for it as prescribed by the Company or acquiring it for free from the Company through events.
- The Company publishes eMoney-related details, including the method of accumulating, withdrawing, and using, on the damda Platform.
Article 20 (Tax Matters)
- The Company may establish and operate a “tax management policy” based on related tax laws such as the Value-Added Tax Act. As a general rule, the Company shall determine the related matters in consultation with the Sellers.
- damda Suppliers are obligated to report business income and provide proof (tax invoices, cash receipts, etc.) to the damda Seller who sold the damda Suppliers’ goods. damda Sellers must agree that damda Suppliers acquire information necessary for tax payment, such as the name, address, and resident registration number of the damda Sellers from the Company.
Article 21 (Seller Management)
- The Company may take any of the following measures against Sellers who violate the T&C, related laws, or general commerce principles:
- Cancellation of the User Registration;
- Restriction of the use of certain services;
- Change of the settlement date;
- Withdrawal of benefits (in part or in whole) additionally provided by the Company;
- Bringing a claim for damages; or,
- Filing a charge or report.
- Suppose the Company intends to take any action provided in the preceding paragraph against a Seller. In that case, the Company must in advance notify the Seller thereof by phone, by e-mail, or other means, and if inevitable (such as, in an emergency), the Company may notify the Seller after taking action.
- The Company may limit the number of product registrations per Seller for efficient product search and Sellers’ management/operation. The Company notifies the Sellers of the related information, including the specific timing, content, and method, on the damda Platform in advance.
- Suppose a Seller violates the Company’s measures to limit the number of product registrations. In that case, the Company may delete or cancel the product registration and take necessary measures such as restricting product sales.
- Sellers must set the phone or mobile number authenticated under the procedure set by the Company in the Seller Information column as the representative number and always keep it up-to-date. The representative number is re-authenticated every six months or if it is changed.
- The Company may restrict the registration and editing of the Seller’s items if the Seller does not perform the obligations of the preceding paragraph until the performance is completed.
Article 22 (Prohibited Sales Items)
- The Company prohibits the sale of the following products, and the Seller who registered/sold the product shall be responsible for all problems arising from the sale of any of the following products:
- Products infringing others’ rights, such as intellectual property rights;
- Products whose sale or distribution is restricted by law;
- Products that may cause damage to consumers;
- Liquor products;
- Adult products;
- Other products inadequate for sale under social norms or whose transactions are restricted under the Company policy.
- Suppose the Company discovers any of the products in the preceding paragraph being registered and sold. In that case, it may take measures such as deleting the product advertisement, stopping the sale, canceling the transaction, suspending the Seller’s membership, and canceling the User Registration.
- If the Seller inflicts damage to the Company by violating Paragraph 1, he/she/it shall be liable for damages. In this case, the damages shall be determined based on the Seller’s sales, and the Company is entitled to prove the damages it suffered to receive additional compensation.
Article 23 (Company’s Obligations)
- The Company does not engage in unfair acts such as collusion with other Open Market Operators in determining the Selling Service Fees and Promotion Fees.
- The Company does not force Sellers to cut their retail prices or participate in special events.
- The Company does not differentiate any fees between Sellers without justifiable reasons.
- The Company does not prohibit any Seller from trading with other Open Market Operators and does not penalize any Seller for doing business with other Open Market Operators.
Article 24 (Seller’s Obligations)
- Sellers must state clearly that special transaction conditions or additional costs apply to the registered product if any, so that buying Members may easily recognize such facts.
- When registering a product, Sellers shall provide the information specified in the Public Notice of Providing Information of the Sale of Goods, Etc. in Electronic Commerce, Etc. (KFTC Notice #2016-16, “the Notice”), including product-specific information and transaction conditions, and shall update or supplement the information if any change is made.
- The Company may take necessary measures, including restricting product sales, if the Seller fails to provide the information under the Notice or does not update or supplement the information after registering a product.
- When a Seller registers a product using a third party’s program, bypassing the damda Platform, the Seller is responsible for all damages arising from any technical or legal problems in the process. The Company takes no responsibility for such problems.
- Sellers shall provide warranty service at their risk and expense for the product they sell.
- Sellers shall not commit any of the following acts:
- Selling or inducing to sell goods directly to buying Members, bypassing the damda Platform;
- Transferring or providing as security the rights and obligations under the T&C to a third party without the Company’s prior written consent;
- Infringing on others’ rights, such as copyright and damda Sellers’ name and portrait rights;
- Providing inaccurate or false product-related information such as the manufacturer, supplier, and the country of origin;
- Providing false data such as the stock;
- Entering false delivery information or waybill number for a product that has not been delivered;
- Buying their goods using the ID of their own or others or manipulating product reviews to increase sales;
- Registering or selling gifts that are provided at a low price when subscribing to a specific service;
- Registering or selling substantially identical products repeatedly by using their ID or another Member’s ID;
- Acts that violate the related acts, such as the Act on the Consumer Protection in Electronic Commerce, Etc.;
- Selling products that violate statutory compliance obligations;
- Sellers without stock of a particular product inducing the issuance of a discount coupon by randomly registering the lowest price for that product on other open markets or Internet shopping malls and delivering the product they bought from other markets to the buying Member who buys the product using the discount coupon;
- Using HTML tags arbitrarily rather than using the permitted menus;
- Using damda Platform’s tradename or logo without the Company’s prior written approval;
- Commercializing damda Platform-related information or software;
- Causing tangible or intangible damages to the Company, such as impairing the Company’s reputation, due to reasons attributable to the Seller, such as violation of the related laws.
- The Company may withdraw some or all of the benefits previously provided to Members who violate the preceding paragraph or apply sanctions such as warning, restricting the use of Selling Services, and canceling the User Registration. In this case, the prepaid Selling Service Fees and Option Fees are not refundable. If damage has occurred due to the above violation, the Company can claim damages equivalent to the Seller’s sales for the three months immediately preceding the violation. Notwithstanding the foregoing, the Company is entitled to prove the damages it suffered to receive additional compensation.
- In some cases, the Company may request proof of delivery with the damda Supplier to settle the payment. The damda Supplier must submit the relevant data within seven days after receiving the request from the Company.
- The damda Supplier is responsible for any damages or other problems caused by not submitting the evidence under the preceding paragraph or entering false delivery information. The Company may penalize the damda Supplier, such as withholding settlement payment.
Article 25 (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.
- If necessary, the Company may set out separate terms for specific services (“Individual T&C”) and post them on the damda Platform for advance notification.
- The amendment to the Individual T&C under the preceding paragraph will be notified seven days before the effective date. However, if such an amendment negatively affects the Seller or is about a material provision, the Company shall notify that fact 30 days before the date of such an amendment’s effect.
- Members shall pay attention to any changes to the T&C and the Individual T&C, and when any amendment thereto is posted, they shall review and check them.
- The Company may enter into an individual contract with a specific Seller (“Individual Contract”), which may differ from the T&C. The Individual Contract takes precedence over the T&C.
Article 26 (Indemnification)
- Sellers shall indemnify the Company and counterparties who suffer damages due to reasons attributable to them or their agents or employees in connection with their use of the Selling Service. The damages shall be equivalent to the Seller’s sales for the three months immediately preceding the violation. Notwithstanding the foregoing, the Company or the counterparty is entitled to prove the damages it suffered to receive additional compensation.
- The preceding paragraph also applies to a case where the Seller causes tangible or intangible damages to the Company, such as damaging the Company’s reputation, due to a reason (such as violation of the T&C) attributable to it.
Article 27 (Confidentiality)
- Except as required by law, each party shall not disclose to a third party or use for purposes other than those prescribed under the T&C any confidential information of the other party, such as the buyer list, technical information, production and sales plans, and know-how.
- The obligations under the preceding paragraph shall survive the termination of the contract under the T&C for three years.
Article 28 (Disclaimer)
- As a mail-order intermediary, the Company only provides a transaction system on the damda Platform. Sellers shall bear all responsibility for disputes regarding the product information they registered and the products they trade. Suppose the Company compensates for damages or pays other expenses to a third party in this regard. In that case, the Company shall exercise its right to indemnity against the Seller, the party to the dispute.
- The Company may delete or modify the product/service information posted by a Seller at the request of a legitimate right holder. In this case, the Seller shall not object to the Company, such as claiming damages, under the factual or legal ground.
- The Company may provide buying Members with a method to view Seller information under the relevant laws and regulations. Sellers shall be responsible for damages arising from failing to provide the information or making false information. If the Company compensates for damages or pays other expenses to a third party in this regard, the Company shall exercise the right to indemnify against the Seller.
- Absent willful misconduct or gross negligence of the Company, the Company shall not be liable for any damages suffered by a Seller or a third party due to the temporary Service suspension under Article 12.
- Suppose a Seller leaked or abused his/her/its or others’ personal information despite the Company’s reasonable duty of care to protect personal information under the T&C and related laws. In that case, the Company shall not be held liable for any damages arising from such leakage or abuse.
- The Company shall not be held liable for any damages caused by the Seller’s negligence to observe the notices posted on the damda Platform (notices regarding changes in statutes, the T&C, and so on).
- The manufacturer and the Seller are jointly responsible for follow-up management on the quality of products sold on the damda Platform under the relevant laws and regulations. The Company does not bear any responsibility in this regard.
- Transactions on mobile may be restricted or delayed due to issues with the wireless data service network, etc., used by the Seller and the Seller’s current location.
Article 29 (Dispute Resolution)
Any lawsuit arising 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 30 (Others)
- Sellers shall immediately notify the Company of any change in their information, such as address and bank account for payment. The Company shall not be liable for any damages arising from the delay in the above notification.
- The Company may, if necessary, change or suspend certain Services temporarily or permanently by providing advance notice on the damda Platform.
- Neither the Company nor Member shall transfer any rights and obligations under the T&C to a third party without the other party's express consent.
- All agreements, memoranda of understanding, notices, and other instruments additionally executed between the parties and any notices to Sellers by the Company posted on the damda Platform according to changes in the Company’s policies, enactment and amendment of laws and regulations, public announcements, and the like, shall constitute part of the T&C.
- The period outlined in the Criteria for the Settlement of Consumer Disputes shall prevail over the warranty period determined by the Seller.
- In the event of a dispute between a Seller and a consumer, the Company may provide the Seller’s name, phone number, and e-mail address to the consumer to the extent necessary for resolving the