Terms and Conditions
Article 1 (Purpose)
These provisions aim to prescribe ‘LYCHEE & FRIENDS’ (hereinafter “L&F”) and its users' rights, obligations, and responsibilities in using Internet related services (hereinafter "Service") offered at LYCHEE & FRIENDS website (hereinafter “Online Shop”).
※ For e-commerce transactions using PC communication, wireless, etc., these terms and conditions apply mutatis mutandis unless it is contrary to its nature.
Article 2 (Definition)
1. "Online Shop" means the virtual business site at http://store.lycheeandfriends.com that “L&F” established for offering goods and/or services to users and enabling them to transact goods and services by the use of information communication facilities such as computers and information communication networks.
2. “User” means members and/or non-members who receive services from “L&F”’, pursuant to these provisions, and by connecting to “Online Shop”.
3. "Member” means those registered as members of “Online Shop” by offering their personal information to “L&F” and who are able to continually use services offered to them.
4. "Non-Member" means those who use information and services offered by “L&F” without registered as members.
Article 3 (Clarification and Revision of Provisions)
1. “L&F” provides notification of the contents of these provisions, business name, contacts (e-mail address, contact numbers), and declaration number for e-commerce sales on the front service page of "Online Shop" so that users may be aware of them.
2. Before the “User” agrees to these provisions, “L&F” provides a separate connection screen or pop-up screen to obtain the “User”'s confirmation so that users can understand important contents such as withdrawal of subscription, delivery responsibility, and refund conditions among the contents stipulated in these provisions.
3. “L&F” may revise these provisions within the scope of committing no violation of laws on regulations of provisions, basic laws on e-commerce, electronic signature laws, laws on the promotion of information network use and information protection, general consumer laws, and laws on consumer protection of e-commerce.
4. In the event of revising provisions, “L&F” shall provide notification of the causes of revision and date of application, along with current provisions, on the initial page beginning seven (7) days prior to the date of application through one day before the date of application. However, if the terms are revised disadvantageous to the “User”, it will be notified 30 days or more in advance. In this case, “L&F” clearly compares the content before and after the revision and displays it for the “User” to understand.
5. Even if the “L&F” notifies the revised provisions in accordance with the preceding Paragraph and notifies to the “User” that if the intention to reject is not explicitly expressed until the effective date it is deemed that the “User” has agreed to the revised provisions, if the “User” does not expressly refuse, it is deemed that the “User” has agreed to the revised provisions.
6. With regard to items which are not described in these provisions and interpretation of these provisions, they will follow laws on consumer protection of e-commerce, laws on regulation of provisions, consumer protection directives in e-commerce, related laws, and/or customary practices.
Article 4 (Offer and Change of Service)
1. “L&F” offers the following services through “Online Shop”:
a) Provision of information on goods or services and signing of purchase contracts
b) Delivery of goods or services for which the purchase contract has been concluded
c) Other services as determined by “L&F”
2. “L&F” may change the contents of the goods or services to be provided in the event of a product or service being sold out or technical specifications being changed. In this case, the contents of the changed goods or services and the date of provision shall be specified and promptly updated to the place where the contents of the current goods or services are displayed.
3. In the case of the preceding paragraph, “L&F” compensates the “User” for damages caused by change of Services from “L&F”. However, “L&F” shall not compensate for damages to the “User” in the event that “L&F” proves that there is no intention or negligence.
Article 5 (Interruption of Service)
1. “L&F” may temporarily suspend the service on the website in the event of maintenance, repair, exchange, breakdown, or interruption of information communication facilities such as computers.
2. “L&F” shall not compensate for damages to users or a third party in the event that service is temporarily interrupted due to causes stipulated in Clause 1 unless such damages are caused by either intentional or major fault of “L&F”.
3. In the event that the service cannot be provided due to the conversion of business items, abandonment of business, integration between companies, etc., “L&F” shall notify the “User” in the manner specified in Article 8 and compensate according to the conditions originally suggested by “L&F”.
Article 6 (Member Registration)
1. The “User” may apply for membership by expressing that they consent to these provisions after filling out “Member” information.
2. “L&F” shall register users as “Member” except for the following cases:
a) In the event that those applying for membership lose member qualification pursuant to Clause 3, Article 7 of these provisions. However, “L&F” will make exceptions for those who have passed three (3) years in time after losing member qualification and received approvals for re-registration.
b) In the event that there is fault, omission of description, or misspelling.
c) In the event that it is judged to be extremely difficult to register as “Member” in terms of technology.
3. The period of establishing the membership shall begin when “Member” acquires the approval of “L&F”.
4. In the event that a “Member” has any changes in registration as described in Clause 1, the “Member” should notify “L&F” of those changes by information correction, etc.
Article 7 (Withdrawal from Membership and Loss of Qualification)
1. Any “Member” may require withdrawal from membership at any time and “L&F” shall instantly answer the request.
2. In the event that a “Member” falls under the following, “L&F” may limit or suspend the use of service.
a) In the event that a “Member” provided false information.
b) In the event that a “Member” did not fulfill the obligation to pay for goods purchased at the “L&F” website etc.
c) In the event that a “Member” inhibits others use of the “Online Shop” or threatens or violates an e-commerce order, such as illegal use of others' personal information.
d) In the event that a “Member” acts against laws that these provisions prohibit, or public orders or customs, by using “Online Shop”.
3. In the event that “L&F” limits or suspends the use of service and the cause of such actions becomes repetitive or is not being corrected within 30 days, “L&F” may deprive the “Member” concerned of membership.
4. “L&F” will completely erase the registered data of a “Member” when “L&F” takes away the rights of the “Member”. “L&F” shall give notice to the “Member” 30 days prior to taking away the rights of the “Member”.
Article 8 (Application for Purchase)
The “User” may apply for the purchase of goods and services by the use of the following as determined and “L&F” must provide the following information in an easy-to-understand manner when the “User” apply for purchase.
a) Search and selection of goods
b) Entering information such as name, address, and contact number.
c) Confirmation of the contents of these provisions, the service for which the right to withdraw subscription is restricted, the cost of delivery, installation, etc.
d) Agreement to these provisions, and confirm or reject the matters in subparagraph 3.
e) Indication of the consent to the collection of personal information and regulation, legal notice and provision (ex: clicking a mouse).
f) Selection of means of payment.
Article 9 (Establishment of Purchase Contract)
1. “L&F” may not accept the application for purchase by ways stipulated in Article 8 in the event of the following:
a) In the event that there is any false information, omission of record, or misspelling in the application.
b) In the event that a minor purchases goods and services prohibited by the Youth Protection Act, such as cigarettes and alcohol.
c) In the event that it is estimated that the approval for the application for purchase may significantly lead to damages in terms of sales or technology.
2. The contract shall be deemed to be entered into when the approval of “L&F” reaches a user in the form of confirmation of receipt in Clause 1, Article 11.
3. The indication of acceptance of “L&F” shall include information on confirmation of the user's purchase application, availability of sale, correction of the purchase application, etc.
Article 10 (Payment Methods)
1. Payment methods for goods and/or services purchased at the “L&F” website can be made by Prepaid card, debit card, credit card, PayPal
Article 11 (Notice of Confirming Receipt, Changes and Cancellation of Application for Purchase)
1. “L&F” shall notify a user of the confirmation of receipt in the event that there is an application for purchase.
2, In the event that a user who received the notice of confirmation of receipt does not agree with the notice, the user can request changes and/or cancellation immediately after receiving the notice of confirmation of receipt and “L&F” shall comply with such request if such request was made before delivery. If the payment / delivery has already been made, the provisions on withdrawal of subscription in Article 14 shall be followed.
Article 12 (Supply of Goods)
1. “L&F” takes necessary measures, such as order production, packaging, etc., so that the goods can be delivered within 7 business days from the date of the user's subscription, unless there is a separate agreement regarding the timing of supplying the goods. However, if delivery is delayed due to reasons such as force majeure, the delivery period may be extended by notifying the user of such circumstances. If “L&F” has already received all payment for goods, it will take action within 3 business days from the date of receiving all the payment. At this time, “L&F” takes appropriate measures so that the user can check the supply procedure and progress of goods, etc.
2. “L&F” specifies the delivery method, the person responsible for delivery cost, and delivery period by method for the goods purchased by the “User”. If the “L&F” exceeds the contracted delivery period, “L&F” shall compensate for the damage caused by the delay. However, this is not the case if the “mall” proves that there is no intention or negligence. However, “L&F” shall not compensate for damages to the “User” in the event that “L&F” proves that there is no intention or negligence.
Article 13 (Refund)
“L&F” shall notify the “User” of the reason without delay when delivery or provision of the goods requested by the “User” is out of stock and if the payment for goods is received in advance, refunds or necessary measures will be taken within 3 business days from the date of payment.
Article 14 (Withdrawal of Orders)
1. The “User” who signed a contract for the purchase of goods with “L&F” can withdraw the order with 7 days from the receival of documents regarding the contract contents pursuant to Article 13, Paragraph 2 of the Act on Consumer Protection in Electronic Commerce (If the supply of goods is made later than the receival of the document, it refers to the date the goods were supplied or the supply of goods began.). However, if there is a different stipulation in the ”Act on Consumer Protection in Electronic Commerce”, etc. regarding withdrawal of orders, the provisions of the same law shall be followed.
2. When the goods are delivered, the “User” cannot return or exchange the goods in the following cases:
a) In case the goods are lost or damaged for reasons attributable to the user (however, if the packaging is damaged to check the contents of the goods, the subscription may be withdrawn)
b) In case the value of goods, etc. significantly decreased due to the user's use or partial consumption
c) In case the value of goods, etc., significantly decreased to the extent that resale is difficult over time.
d) If it is impossible to reproduce the product with the same performance, etc. If the packaging of the original product, etc. is damaged
3. In the case of Paragraph 2 to 4 of this Article 14, if “L&F” does not specify in advance the fact that withdrawal of order is restricted, in a place where the “User” can easily know or take measures such as providing trial products, withdrawal of order is not restricted.
4. Notwithstanding the provisions of Paragraphs 1 and 2, if the contents of the goods are different from the contents of the display or advertisement or the contents of the contract are performed differently, within 30 days from the date of receipt of the goods, the “User” can withdraw the order.
Article 15 (Effect of Withdrawal of Orders)
1. “L&F” refunds the payment for the goods already paid within 3 business days when the goods are returned from the user.
2. In the case of refunding the above amount, “L&F” will stop or ask the business operator who provided the payment method to cancel the billing without delay when the user pays for the goods by means of payment such as credit card or electronic money.
3. In case of withdrawal of subscription, the user is responsible for the expenses necessary for returning the goods received. “L&F” does not claim penalty or damages from the user for reasons such as withdrawal of subscription. However, if the contents of the goods are different from the contents of the display or advertisement or the contents of the contract are fulfilled differently and the subscription is withdrawn, “L&F” shall bear the expenses necessary for the return of the goods.
4. If the user paid the shipping cost when receiving goods, etc., the “L&F” clearly indicates who will bear the cost when withdrawing the subscription so that the user can easily understand.
Article 16 (Obligation to protect personal information and its use)
1. “L&F” collects the minimum amount of personal information necessary to provide services for the “User”.
2. “L&F” does not collect information for fulfillment of the purchase contract in advance when registering as a member. However, “L&F” may collect such information when personal identification is required prior to the purchase contract in order to fulfill obligations under related laws, and when minimum specific personal information is collected.
3. When “L&F” collects and uses personal information of the “User”, it notifies the “User” of the purpose and obtains consent.
4. “L&F” cannot use the collected personal information other than for the intended purpose, and if a new purpose of use occurs or if it is provided to a third party, it notifies the “User” the purpose and obtains consent at the stage of use and provision. However, exceptions are made in cases where the relevant laws and regulations stipulate otherwise.
5. If “L&F” needs to obtain the consent of the “User” pursuant to paragraphs 2 and 3, matters related to The provisions of Article 22, Paragraph 2 of the ”Act on Promotion of Information and Communication Network Utilization and Information Protection, etc.”, such as the provision of the identity of the person in charge of personal information management (affiliation, name and phone number, and other contact information), the purpose of collecting and using the information, and information of the third party information (the person who has been provided, the purpose of provision, and the contents of the information to be provided) must be specified or notified in advance. The “User” can withdraw this consent at any time.
6. “User” may at any time request for viewing and correction of errors in their personal information possessed by “L&F”, and “L&F” is obligated to take necessary measures without delay. If the “User” requests correction of the error, “L&F” will not use the personal information until the error is corrected.
7. In order to protect personal information, “L&F” should limit the person who handles personal information to a minimal extent, and is responsible for “User’s” damage due to loss, theft, leakage, and unauthorized third-party provision, alteration, etc. of the personal information, including credit cards and bank accounts.
8. “L&F” or a third party who received personal information from will destroy the personal information without delay when it achieved the purpose of collecting or receiving personal information.
9. “L&F” does not set the consent column for the collection, use, and provision of personal information as previously selected. In addition, services that are restricted when the “User” refuses to consent to the collection, use, and provision of personal information are specifically specified, and provision of services such as membership registration is not restricted or refused because of “User’s” refusal to consent to the collection, use, and provision of personal information other than essential collection items.
Article 17 (Obligation of “L&F”)
1. “L&F” shall not act against laws and these provisions, or good public order and morals, and will strive to offer stable service and goods pursuant to these provisions.
2. “L&F” will be equipped with a security system for protecting “User’s” personal information (including credit information), so that the “User” can safely use services.
3. With regard to goods and services of “L&F”, in the event that is damaged by unfair indication or advertisement of “L&F” pursuant ACT ON FAIR LABELING AND ADVERTISING Article 3, “L&F” may compensate for the damages.
4. “L&F” shall not sent commercial e-mail against the will of the “User”.
Article 18 (Obligation for Member ID and Password)
1. “Member” is liable for managing their ID and password, with the exception of Article 17.
2. “Member” should not allow a third party to use their ID or password.
3. In the event that a “Member” becomes aware that a third party steals their ID and password or uses them, the “Member” should immediately notify “L&F” and follow the instructions provided by “L&F”.
Article 19 (Obligation of Users)
User is not allowed to do the following acts.
a) Record false information in application or changes.
b) Steal information of others.
c) Voluntarily change information displayed on the “L&F” website.
d) Perform acts of transmitting or displaying information or computer programs that “L&F” does not allow without permission.
e) Violate intellectual property rights, including works of “L&F” and a third party.
f) Perform acts of violating or impeding the honor and privacy of “L&F” and a third party.
g) Perform acts of transmitting, disclosing, or displaying information that goes against good public orders and morals such as obscene or violent messages of image or voice.
Article 20 (Relationship between “L&F” Website and a Related Website)
In the event that “L&F” website and a related website are linked through a hyper-link (Hyper-link includes letters, picture, and motion graphics etc.), “L&F” shall not be liable for guarantee of transactions by the “User” made for goods and services independently offered by the related website.
Article 21 (Reversion of Copyright and Limitation of Use)
1. Copyright and other intellectual property rights of work prepared by “L&F” shall be reverted to “L&F”.
2. The “User” should not use information acquired in using the “L&F” website for commercial purposes nor provide to a third party by way of copying, transmission, publication, distribution, or broadcasting without prior consent of “L&F”.
3. If “L&F” uses the copyright belonging to the “User” according to these provisions, “L&F” must notify the “User”.
Article 22 (Settlement of Dispute)
1. “L&F” shall establish and operate a committee for the compensation of damages reflecting fair opinions or claims by users and shall compensate for the damages.
2. “L&F” shall promptly and properly cope with claims and/or opinions offered by the “User”. However, in the event that prompt settlement is not available, it shall provide notification of the cause and date of settlement immediately.
3. “L&F” may follow the reconciliation of the committee on an e-commerce dispute, which is established on the basis of basic e-commerce laws and their enforcement rules, in the event of the occurrence of an e-commerce dispute between “L&F” and the “User”.
Article 23 (Competent Court and Proper Law)
1. The law of Republic of Korea will govern all disputes arising out of or relating to these provisions between “L&F” and the “User”.
2. If a lawsuit is filed between “L&F” and a “User” that occurred while using “Online Shop”, the competent court will be determined in accordance with the Civil Procedure Act.