Terms Of Service

Best Effort for
a Cup of Happiness, CUPFUL

Article 1 Purpose

The purpose of this agreement is to prescribe the rights, obligations, and responsibilities of cyber malls and users in using Internet-related services (hereinafter referred to as “services”) provided by Cuppool (hereinafter referred to as “mall”) operated by Cuppool Co., Ltd.

※「These terms and conditions shall apply mutatis mutandis to e-commerce using PC communication, wireless, etc., unless they are contrary to their nature.」


Article 2 Definition

  1. The term “mall” means a virtual business place where “company” can trade goods, etc. using information and communication facilities such as computers to provide goods or services to users (hereinafter referred to as “goods, etc.).
  2. The term “user” means members and non-members who access “Mall” and receive services provided by “Mall” under these terms and conditions.
  3. The term “member” means a person who has registered as a member of the “Mall” and who can continuously use the services provided by the “Mall”.
  4. The term “non-member” means a person who does not sign up for membership and uses the services provided by the “Mall”.

Article 3 Explanation, explanation, and revision of the terms and conditions, etc.

  1. “Mall” will post the contents of the terms and conditions, the name of the representative, the address of the business office (including the address of the place where consumers can handle complaints), the phone number, copy number, e-mail address, business registration number, mail business report number, and personal information manager on the initial service screen (front) of CyberMall. However, the contents of the terms and conditions can be viewed by the user through the connection screen.
  2. Before the user agrees to the terms and conditions, “Mall” shall provide a separate connection screen or pop-up screen for the user to understand important contents such as withdrawal of subscription, delivery liability, refund conditions, etc.
  3. “Mall” may amend these terms and conditions to the extent that it does not violate related laws such as the Consumer Protection Act in Electronic Commerce, the Framework Act on Electronic Documents and Electronic Transactions, the Electronic Signatures Act, the Act on Promotion and Information Protection, etc.
  4. If “Mall” revises the terms and conditions, it shall be announced on the initial screen of the mall from 7 days before the application date to the day before the application date, specifying the date of application and the reason for the revision. However, if the terms and conditions are changed against the user, a minimum grace period of 30 days will be announced. In this case, “Mall” clearly compares the content before and after the revision and displays it for users to understand.
  5. If “Mall” amends the terms and conditions, the revised terms and conditions apply only to contracts concluded after the date of application, and the terms and conditions before the amendment apply to contracts already made before that date. However, if a user who has already signed a contract sends his/her intention to be subject to the revised terms and conditions to “Mall” within the notice period of the revised terms and conditions under paragraph 3 and obtains consent from “Mall”, the revised terms and conditions shall apply.
  6. Matters not prescribed in these terms and conditions and interpretations of these terms shall be governed by the Consumer Protection Act in e-commerce, the Regulation of Terms, etc., the Consumer Protection Guidelines in e-commerce, etc., and related laws or regulations set by the Fair Trade Commission.

Article 4 Provision and modification of services

  1. “Mall” does the following:
  • Provision of information on goods or services and conclusion of a purchase contract
  • Delivery of goods or services to which a purchase contract has been concluded
  • Other duties prescribed by “Mall”
  1. “Mall” may change the contents of goods or services to be provided under a contract concluded in the future in the event of a loss of goods or services or a change in technical specifications. In this case, the contents of the changed goods or services and the date of provision shall be specified and the contents of the current goods or services shall be immediately announced to the place where they are posted.
  2. If the contents of the service contracted with the user to be provided by the “Mall” are changed due to reasons such as sold out of goods, etc. or changes in technical specifications, the reason shall be notified to the user immediately.
  3. In the case of the preceding paragraph, “Mall” compensates the user for damages caused by this. However, this is not the case if “mol” proves that there is no intention or negligence.
Article 5 Suspension of Services
  1. The “Mall” may temporarily suspend the provision of services in the event of a maintenance inspection, replacement, failure, communication disruption, etc. of information and communication facilities such as computers.
  2. “Mall” shall compensate the user or a third party for damages caused by the temporary suspension of the service due to the reason under paragraph (1). However, this is not the case if “mol” proves that it is not intentional or negligent.
  3. “Mall” shall notify the user in the manner prescribed in Article 8 and compensate the consumer according to the conditions originally stated in “Mall” if the service cannot be provided due to the conversion of business items, abandonment of business, or integration among businesses. However, if the “Mall” does not notify the compensation standards, etc., the mileage or reserves of the users shall be paid to the users in kind or cash corresponding to the currency value used in the “Mall”.

Article 6 Membership Registration

  1. Users apply for membership by filling in their membership information according to the subscription form set by “Mall” and expressing their consent to these terms and conditions.
  2. “Mall” shall be registered as a member unless it falls under any of the following subparagraphs among users who have applied for membership as in paragraph (1): •This shall not apply where an applicant has previously lost his membership pursuant to Article 7 (3) of these Terms and Conditions, except where he/she has obtained consent to rejoin the Mall as a person who has lost his/her membership under Article 7 (3).
  • Where there is a false, omission, or error in the registration.
  • Where it is deemed that registration as a member is significantly hindered by the technology of “Mall”.
  1. The time of establishment of the membership contract shall be the time when the consent of “Mall” reaches the member.
  2. If there is a change in the matters registered at the time of membership, a member shall notify the “mall” of the change within a considerable period of time by modifying member information, etc.

Article 7 Withdrawal of membership and loss of qualification, etc.

  1. Members may request withdrawal from “Mall” at any time, and “Mall” will process withdrawal immediately.
  2. Where a member falls under any of the following reasons, “Mall” may restrict and suspend his/her membership: •If false information is registered when applying for membership
  • Payment for goods, etc. purchased using “mall”, other “mall”Where a member fails to pay the debt borne by the member in connection with the use on the due date;
  • Threatening the e-commerce order, such as obstructing other people’s “mall” use or stealing that information.
  • Where the Act or these Terms and Conditions are prohibited or act contrary to public order by using “mall”.
  1. After “Mall” restricts or suspends its membership, “Mall” may lose its membership if the same act is repeated more than twice or the reason is not corrected within 30 days.
  2. If “Mall” loses its membership, the membership registration will be canceled. In such cases, the members shall be notified of this and given the opportunity to explain for a period of at least 30 days before the cancellation of the membership registration.

Article 8 Notice to Members

  1. If “Mall” gives notice to a member, it may be made to the e-mail address designated by the member in advance by “Mall”.
  2. “Mall” can be substituted for individual notifications by posting them on the “Mall” bulletin board for more than one week for notifications to an unspecified number of members. However, individual notifications are made for matters that have a significant impact on the member’s own transaction.

Article 9 Application for purchase

  1. The “Mall” user shall apply for purchase on the “Mall” by the following or similar means, and the “Mall” shall provide the following information in an easy-to-understand manner when the user applies for purchase:
  • Search and selection of goods, etc.
  • Enter the recipient’s name, address, phone number, e-mail address (or mobile phone number), etc.
  • Confirmation of the contents of the terms and conditions, services for which the right to withdraw subscription is restricted, and the contents related to the burden of expenses such as delivery and installation costs.
  • Indication of acceptance of these Terms and Conditions and confirmation or rejection of the above paragraph 3. (e.g., mouse click)
  • Consent to the application for purchase of goods, etc. and confirmation thereof or confirmation of “mall”
  • Selection of payment method
  1. If “Mall” needs to provide and entrust the buyer’s personal information to a third party, it must obtain the buyer’s consent when applying for the actual purchase, and it does not receive comprehensive consent in advance when registering as a member. At this time, the “Mall” shall specify to the buyer the items of personal information provided, the recipient, the purpose of using the personal information of the recipient, the period of retention and use, etc. However, if there are other provisions in the relevant statutes, such as entrustment of personal information handling under Article 25 (1) of the Information and Communication Network Utilization Promotion and Information Protection, etc. Act, etc., it shall apply.

Article 10 Establishment of a contract

  1. “Mall” may refuse to accept a purchase application under Article 9 if it falls under any of the following subparagraphs. However, in the case of signing a contract with a minor, the minor himself or the legal representative must notify that the contract can be canceled if the consent of the legal representative is not obtained. • If there is a false, omission, or error in the application.
  • Where a minor purchases goods and services prohibited by the Juvenile Protection Act, such as cigarettes, alcohol, etc.
  • Where it is deemed that accepting other purchase applications is significantly hindering the “mall” technology;
  1. The contract shall be deemed to have been concluded when the consent of “Mall” reaches the user in the form of a notification of receipt under Article 12 (1).
  2. The expression of consent of “Mall” shall include information on the confirmation of the user’s purchase application, availability of sales, cancellation of correction of the purchase application, etc.

Article 11 Payment Method

The payment method for goods or services purchased in the “Mall” may be made by any of the following methods: However, “Mall” cannot be collected by adding any nominal fee to the payment of goods, etc. for the user’s payment method.
  1. Transfer of various accounts such as phone banking, Internet banking, mail banking, etc.
  2. Payment by various cards such as prepaid cards, debit cards, credit cards, etc.
  3. Online deposit without a bankbook
  4. Payment by Electronic Money
  5. Payment upon receipt
  6. Payment by points paid by “Mall” such as mileage
  7. Payment by gift certificate entered into a contract with “Mall” or recognized by “Mall”
  8. Payment, etc. by other electronic payment methods

Article 12 Notification of receipt confirmation, change or cancellation of purchase application

  1. “Mall” notifies the user of receipt confirmation when the user requests a purchase.
  2. If there is a discrepancy in the expression of intention, the user may request to change or cancel the purchase application immediately after receiving the confirmation notice, and if there is a request from the user before delivery, the “Mall” shall be processed according to the request. However, if the payment has already been made, the provisions on withdrawal of subscription, etc. under Article 15 shall be followed.

Article 13 Supply of Goods, etc.

  1. Unless there is a separate agreement with the user on the timing of supply of goods, etc., “Mall” shall take other necessary measures such as customization, packaging, etc. so that the goods can be delivered within 7 days from the date of subscription. However, if “Mall” has already received all or part of the payment for goods, etc., measures shall be taken within three business days from the date of receipt of all or part of the payment. At this time, “Mall” takes appropriate measures to help users check the supply procedures and progress of goods, etc.
  2. “Mall” specifies the means of delivery, the person who bears the shipping cost by means, and the delivery period by means for the goods purchased by the user. If the “mall” exceeds the agreed delivery period, the user shall be compensated for the damage caused by it. However, this is not the case if “mol” proves that there is no intention or negligence.

Article 14 Refund

“Mall” shall notify the user of the reason if the goods, etc. requested by the user cannot be delivered or provided due to out of stock, etc., and if the payment is received in advance, refund or take necessary measures within three business days from the date of receipt of the payment.

Article 15 Withdrawal of Subscription, etc.

  1. A user who has signed a contract with “Mall” on the purchase of goods, etc. may withdraw the subscription within seven days from the date of receipt of a written contract under Article 13 (2) of the Consumer Protection Act in Electronic Commerce, etc. (where goods, etc. are supplied later than the time of receipt). However, if the withdrawal of subscription is otherwise stipulated in the Consumer Protection Act in Electronic Commerce, etc., the provisions of the same Act shall be followed.
  2. When a user receives goods, etc., he/she shall not return or exchange goods in any of the following cases: • If goods, etc. are lost or damaged due to reasons responsible to the user (However, if the packaging, etc. is damaged to check the contents of goods, etc., the subscription may be withdrawn.)
  • Where the value of goods, etc. has significantly decreased due to the use of users or partial consumption.
  • Where the value of goods, etc. has decreased significantly to the extent that it is difficult to resell over time.
  • Where the packaging of the original goods, etc. is damaged where reproduction is possible with goods, etc. having the same performance;
  1. In the case of paragraph (2) 2 through 4, the withdrawal of subscription by users is not restricted unless “mall” has been specified in a place where consumers can easily know in advance that the withdrawal of subscription is restricted or measures such as providing trial products are taken.
  2. Notwithstanding paragraphs (1) and (2), if the contents of goods, etc. are different from the contents of the display or advertisement or are implemented differently from the contents of the contract, the user may withdraw the subscription within three months from the date of receiving the goods, etc. or within 30 days from the date of knowing such fact.

Article 16 Effect of withdrawal of subscription, etc.

  1. “Mall” shall refund the amount of goods, etc. already paid within three business days when goods, etc. are returned from the user. In this case, if the “Mall” delays the refund of goods, etc. to the user, the delayed period shall be paid by multiplying the delayed interest rate prescribed in Article 21-2 of the Enforcement Decree of the Consumer Protection Act on Electronic Commerce, etc.
  2. In refunding the above payment, “Mall” requests the business operator who provided the payment method to suspend or cancel the claim for goods, etc. without delay when the user pays for goods, etc. through a payment method such as credit card or electronic money.
  3. In the case of withdrawal of subscription, etc., the user shall bear the expenses necessary for the return of the supplied goods, etc. “Mall” does not claim a penalty or compensation for damages due to withdrawal of subscription. However, if the contents of goods, etc. are different from the contents of the display or advertisement or are implemented differently from the contents of the contract, the “Mall” shall bear the expenses required for the return of goods, etc.
  4. In the case where the user pays the shipping cost when receiving goods, etc., “Mall” clearly indicates who pays the cost when withdrawing the subscription for easy for the user to understand.
Article 17 Personal Information Protection
  1. “Mall” collects minimum personal information to the extent necessary for providing services when collecting personal information of users.
  2. “Mall” does not collect information necessary to fulfill the purchase contract in advance when signing up for a member. However, this is not the case when identification is required before the purchase contract in order to fulfill the obligations under related laws and regulations, and the minimum specific personal information is collected.
  3. “Mall” shall notify the relevant user of the purpose and obtain consent when collecting and using the user’s personal information.
  4. “Mall” shall not use the collected personal information for any purpose other than the purpose, and where a new purpose of use arises or provides it to a third party, the purpose shall be notified to the relevant user and consent shall be obtained at the stage of use and provision. However, exceptions are made if the relevant laws and regulations stipulate otherwise.
  5. Where “Mall” requires the consent of the user pursuant to paragraphs (3) and (4), the identity of the person in charge of personal information management (affiliation, name and phone number, other contact information), information collection and use purpose, and information provision to third parties (information to be provided) shall be withdrawn at any time.
  6. The user may request access and error correction of his or her personal information held by the Mall at any time, and the Mall is obligated to take necessary measures without delay. If the user requests correction of the error, “Mall” will not use the personal information until the error is corrected.
  7. For the protection of personal information, “Mall” shall limit the number of people handling personal information of users to a minimum and shall be responsible for all damages caused by the loss, theft, leakage, provision to third parties without consent, and modification of the user’s personal information, including credit cards and bank accounts.
  8. “Mall” or a third party who has received personal information from it shall destroy the personal information without delay when it achieves the purpose of collecting or receiving personal information.
  9. “Mall” does not set the consent column for the collection, use, or provision of personal information as selected in advance. In addition, it specifically specifies services restricted when users refuse to consent to collect, use, or provide personal information, and does not restrict or refuse to provide services such as membership registration on the grounds of the user’s refusal to collect, use, and provide personal information.
Article 18 Obligation of “Mall”
  1. “Mall” shall do its best to provide goods and services continuously and stably as prescribed by these terms and conditions, not to do anything prohibited by laws and regulations or contrary to public morals.
  2. The “Mall” shall have a security system for the protection of users’ personal information (including credit information) so that users can use the Internet service safely.
  3. “Mall” is responsible for compensating products or services if a user suffers damage by engaging in unfair labeling or advertising activities prescribed in Article 3 of the Act on the Fairness of Labeling and Advertising.
  4. “Mall” does not send for-profit advertising emails that you do not want.
Article 19 Obligation for ID and password of members
  1. Except in the case of Article 17, the member is responsible for managing the ID and password.
  2. Members shall not allow third parties to use their IDs and passwords.
  3. If a member recognizes that his/her ID and password have been stolen or used by a third party, he/she shall notify “Mall” immediately and follow “Mall”‘s instructions.
Article 20 Obligations of Users
The user shall not:
  1. Registration of false information upon application or change.
  2. theft of information from other people’s information
  3. Change information posted in “Mall”
  4. Transmission or publication of information (computer programs, etc.) other than the information prescribed by “Mall”
  5. Infringement of intellectual property rights, such as “mall” and other copyrights of third parties.
  6. “Mall” and other acts that damage the reputation of third parties or interfere with their work;
  7. Disclosure or posting of obscene or violent messages, images, voices, or other information contrary to public morals in the mall;

Article 21 Relationship between “mall” and “mall” to be connected

  1. If the parent “mall” and the child “mall” are hyperlinked (for example, the target of the hyperlink includes letters, pictures, and fairy tales), the former is called the linked “mall” (website), and the latter is called the connected “mall” (website).
  2. The consolidated “mall” shall not be liable for guarantee for transactions with users by goods provided independently by the consolidated “mall” or the pop-up screen at the time of connection.

Article 22 Attribution of copyright and restriction of use

  1. Copyright and other intellectual property rights to works created by “Mall” belong to “Mall”.
  2. Users shall not reproduce, transmit, publish, distribute, broadcast, or allow third parties to use the information obtained by using “Mall” for commercial purposes without the prior consent of “Mall”.
  3. “Mall” shall notify the user of the copyright attributed to the user in accordance with the agreement.
Article 23 Dispute Resolution
  1. The “Mall” shall establish and operate a damage compensation handling organization to reflect legitimate opinions or complaints raised by users and compensate for the damage.
  2. “Mall” handles complaints and comments submitted by users preferentially. However, if it is difficult to process quickly, we will immediately notify the user of the reason and the processing schedule.
  3. If a user applies for damage relief in connection with an e-commerce dispute between a “mall” and a user, it may be subject to mediation by the Fair Trade Commission or a dispute settlement agency commissioned by the city/provincial governor.
Article 24 Judicial power and governing law
  1. A lawsuit concerning an e-commerce dispute between the “mall” and the user shall be subject to the address of the user at the time of filing, and if there is no address, the district court having jurisdiction over the residence shall have exclusive jurisdiction. However, if the user’s address or residence is not clear at the time of filing the complaint, or if a foreign resident is a foreigner, it is filed with the competent court under the Civil Procedure Act.
  2. Korean law applies to e-commerce lawsuits filed between “Mall” and users.
Additional Enforcement Date, etc.
  1. These terms and conditions will take effect on March 23, 2018.
  2. These terms and conditions comply with Electronic Commerce (Internet Cyber Mall) Standard Terms and Conditions No. 10023 (as amended on September 19, 2014).