Terms Of Service.
Article 1 (Purpose)
These Terms and Conditions of Use (the “Terms and Conditions”) are to define the rights, duties, and responsibilities between Dot Incorporation (“Dot”) and the users who use all services (the “Services”) provided through Dot’s website (dotincorp.com) or Dot’s mobile applications (the “Apps”).
Article 2 (Definitions)
The terms used in the Terms and Conditions are defined as follows:
- The “Site” refers to Dot’s virtual shop set up to trade products or services where Dot trades such products to users via various wired and/or wireless information communication equipment and portable terminals, such as computers and mobile phones. The “Site” may also refer to the operator who manages the website.
- “User” refers to a user who connects to the Site, and has access to the services provided by Dot under the Terms and Conditions.
- “Member” refers to a User who registers with the Site by providing personal information and, therefore, is accepted by the Site to use the Services. The “Member” may also refer to such Users as a whole.
- “Dormant Member” refers to a member who has not logged in for 12 consecutive months after the last log-in to the service of the Site.
- “Non-member” refers to a user who is not a subscribed member, but uses the Services provided by the Site.
- The Site will make the Terms and Conditions easily accessible to all Users by releasing them on the initial service screen of the Site. The initial service screen will also include Dot’s official business name, address (including addresses where consumer complaints can be handled), telephone number, fax number, e-mail address, company registration number, registration number for telecommunication sales business, and person responsible for handling personal information, etc., all of which would be available to the respective Users. The entire contents of the Terms and Conditions, however, will be displayed in a linked screen.
- The Site shall provide a separate connection screen or a pop-up screen of an accessible format, so that a User can understand the important contents such as withdrawal, delivery responsibility, and refund conditions prior to accepting the Terms and Conditions.
- The Site may revise these Terms and Conditions in a way that does not violate any relevant laws such as the Korean Enforcement Decree of the Act on the Regulation of the Terms and Conditions, the Korean Framework Act on Electronic Documents and Transactions, the Digital Signature Act of Korea, the Korean Act on Promotion of Information and Communication Network Utilization and information Protection, etc. (collectively, the “applicable Korean laws”).
- If the Site revises the Terms and Conditions, it will display the effective date and the reasons for the revision, together with the current Terms and Conditions on an accessible portion of the Site from 7 days prior to the effective date. In this case, the Site clearly compares the content before and after the revision, and publishes it for Users’ sake of clarity.
- If the Site revises the Terms and Conditions, the revision applies only to contracts entered into after the effective date. Any contracts that have already been entered into before the revision will be governed by the previous Terms and Conditions. If a User expresses his/her intention to be governed by the revised Terms and Conditions by writing to the Site within the notice periods set out in the preceding paragraph, upon the Site’s approval, the revised Terms and Conditions will be applied.
- When the Site releases the notice and clearly notify the users of the amendment to the Terms and Conditions pursuant to the preceding paragraphs, the Site will indicate that it would regard a Member to have accepted the amended Terms and Conditions. The Site will consider the Member to have accepted the amendment unless that Member clearly expresses his/her objection within 30 days.
- If Members do not accept the revised Terms and Conditions, Dot may not apply such amendment, and the members can terminate their service agreement for using Dot services. If there is any special reason that the previous Terms and Conditions cannot be applied, Dot may terminate the service agreement.
- Any matter not specified in the Terms and Conditions and the interpretation of the Terms and Conditions shall be governed by relevant Korean laws such as the Korean Act on the Consumer Protection in Electronic Commerce and the Korean Act on the Regulation of the Terms and Conditions as well as commercial practices in Korea.
- In the event that the User has purchased Dot’s products or services via different channels other than the Site, such as regional distributor designated by Dot, the distributor’s own terms of service may apply instead of the terms and conditions set out herein.
Article 4 (Providing and Changing Services)
- The following services are provided by the Site.
1.1 Provision of information on products or Services, and the conclusion of a purchase contract;
1.2 Delivery of products or services for which a purchase agreement has been signed; and
1.3 Other tasks designated by and under the responsibility of Dot.
- The Site may change the contents of products or services if there is an inevitable reason such as a modification to the technical specifications of the products and services, etc. In this case, a description of the changed products or services with its effective date should be immediately released where the current information is posted.
- In the event that technical specifications of products, services, and etc. are modified due to the conditions that the products have been sold out or certain specifications have been changed, such reasons for modifications shall be immediately notified to the Users via their valid digital addresses.
- The Site may provide Members with various categories of information, which the Member may consider necessary while using the products or services, by means of e-mail or postal mail. If a member does not want to receive such information, the member can unsubscribe at the “Registration” or “Edit my account” menu.
Article 5 (Termination of Services)
- If maintenance, replacement or failure of computing devices and/or telecommunication equipment is required or occurs; or if a loss of communications occurs, the Site may temporarily suspend the provision of the Services.
- The Site shall compensate the User or a third party for the losses resulting from the temporary suspension of the Services as set out in the preceding paragraph, unless the Site demonstrates the absence of its intentional, or negligent, action or inaction.
- If the Services cannot be provided due to changes on Dot’s business scope, termination of the business, merge with another company, etc., the Site may notify Users of this fact as set forth in Article 8 herein. In that event, the Site may compensate the User for his/her loss or damage in accordance with the Terms and Conditions as well as the relevant laws and regulations.
Article 6 (Membership Registration)
- The User applies for a membership registration by submitting his/her personal information in accordance with the registration form designated by the Site, and by expressing an intent to agree to the Terms and Conditions.
- The Site shall register the User who applies for membership as a member except for:
- applicants who previously lost membership in accordance with paragraph 3 of Article 7 herein, unless the Site has accepted their re-registration three years after the previous loss of membership per paragraph 3 of Article 7;
- applicants who have not confirmed or verified their identification;
- applicants who submit any false information or omissions in apply for registration; and
- other situations where there are some technical difficulties of the Site in relation to the membership registration.
- The membership registration contract is deemed to be formed when the acceptance by the Site reaches the User.
- If there is any change to the registration details pursuant to paragraph 1 of Article15, the Member shall immediately notify the Site of the change by e-mail or other means.
Article 7 (Loss or Withdrawal of Membership)
- Members may request withdrawal of membership from the Site at any time. Upon request, the Site will immediately process the withdrawal. Membership cannot be made with the same ID for the next 3 months from the date of withdrawal.
- The Site may restrict or suspend the membership, if:
- false information is included in the application for the registration;
- the Member fails to pay the debts that he or she is borne for the payment of the product purchased from the Site or the use of the Site;
- the Member threatens the order of e-commerce by interfering with the other users of the Site or stealing their information; or
- The Member acts in breach of the Terms and Conditions, public order, or other regulations set forth by the Site.
- If the grounds for restriction or suspension set out in the preceding paragraph still exist without correction even after the User has been requested to rectify such situations for a certain period of time, the Site may deprive the User of his/her membership.
- If the Site deprives the Users of the membership, the membership registration will be removed. In that event, the Site will notify the Member, giving an opportunity to be heard before the deletion of the membership. If the account of “Dot Account” is to be removed, the membership registration may be deleted without giving a separate opportunity to be heard.
- In the event of withdrawal of the Site membership or loss of this membership in accordance with this Article, the Member’s personal information will be destroyed and deleted without delay, except for certain items with legal obligation to keep.
- If a Member withdraws his/her “Dot Account” or loses his/her membership qualification, that Member will automatically be disqualified for the membership from the Site, and his/her personal information will be destroyed and deleted without delay, except for certain items with legal obligation to keep.
- The Site may notify dormant Members of any loss of membership (via e-mail or postal mail). If the Members do not respond within a certain period time specified in the notice, the Site may deprive the Members of membership. In that event, the personal information and service usage information of the Members will be destroyed and deleted without delay, except for those items that are legally obliged to keep.
Article 8 (Notice)
- In the event that the Site needs to give a notice to Members, the Site may notify them via the email addresses that the Members have designated as agreed with Dot.
- When notifying an unspecified number/class of Members, the Site may post a notice on the service bulletin board of the Site for more than a week, instead of giving such a notice to individual Members. Matters that could significantly affect the Members’ transactions will be notified to each individual Member.
Article 9 (Purchase Order)
The User of the Site shall place a purchase order to the Site in accordance with the procedures (or other similar manners) set out below, and the Site shall provide the following contents in a way that the User could easily understand the contents, when the User places such a purchase order. Paragraph 2 through paragraph 4 in the below list may not apply to Members:
- Search and selection of the products;
- Entering a full name, postal address, e-mail address, mobile phone number, other contact information;
- Confirming the contents of the cost burden, the contents of the Terms and Conditions, services with limited rights to withdraw, shipping charges, etc.;
- A screen that presents information pursuant to above paragraph 3 with a confirmation/declination button for agreement/disagreement;
- Placing and confirming a purchase order for products, etc. or giving consent to the confirmation of the Site; and
- Selecting payment methods.
Article 10 (Formation of Contract)
- The Site may not accept the purchase order as provided in Article 9 in the following cases. However, if the contract is concluded with a minor, who fails to obtain his or her legal representative’s consent, the minor or his/her legal representative may rescind the contract.
A. If there is any false information, entry omission, or clerical errors; or
- If the Site has a significant technical difficulty in accepting the purchase order.
- The contract is deemed to be formed at the time that the Site’s acceptance reaches the User in a form of acknowledgment notification as described in paragraph 1 of Article 12.
- The Site’s expression of the acceptance includes the information on the User’s confirmation of the purchase order, availability of the sales, and cancellation or modification of the purchase order.
- If the User does not pay the purchase price within a certain period of time after ordering the product, the Site may cancel the purchase order without consent by the User.
Article 11 (Method of Payment)
- Payment for products or services purchased from the Site may be made with any available method as listed below. The Site shall not receive any commission fees in addition to the price of the goods, etc. with any of the payment methods.
- Payment by PayPal
- Other payments accepted by Dot
- The User will bear all liability and disadvantage arising from the information entered by the User in relation to the payment of the price and the information.
Article 12 (Notification of Receipt, Change and Cancellation of Purchase Order)
- When a User places a purchase order, the Site will give the User the acknowledgement of the purchase order.
- The User who receives such acknowledgment may immediately request the change or cancellation of the purchase order upon the receipt of the acknowledgment, if there is any difference with regard to the intent of the parties. If there is such are quest by the User before delivery of the goods, the Site shall process the request without delay. However, if payment has already been made, Article 15 (Cancellation)will apply.
Article 13 (Supply of Products)
- The Site delivers the products, which have been purchased by Users, from Seoul, Korea to the User’s designated delivery address via an express courier. From the date of the purchase, international deliveries may take 3 to 11 business days or more, depending on the region or the address of delivery. In the event that the delivery is significantly delayed, the User may contact the Dot via Contact Us to check the status of the delivery. If a product is found to be undeliverable via courier service and returned to Dot due to any reasons (e.g., incorrect address, absence of the recipient at the addressed place), additional fees may be charged for redelivery. These additional fees will be borne by the User of the product.
- The Site will clarify the shipping methods for the products purchased by the User, the parties that bear the shipping costs per each shipping method, and the shipping period per each shipping method. If the Site fails to comply with agreed shipping period, the Site will compensate for the loss resulting from the failure, unless the Site demonstrates the absence of its intentional, or negligent, action or inaction.
Article 14 (Refund)
If the Site cannot provide or deliver the products which a User has ordered, because, for example, the product is out-of-stock, the Site will notify the User without delay.
See the EXCHANGE & RETURNS POLICY for more details.
Article 15 (Withdrawal of Purchase Order)
- A user who has entered into a contract for purchase of products with the Site may withdraw his/her purchase order within 7 days from the date of receipt of the acknowledgment notice (or from the date of receipt of the products, or the date that the delivery begins, if the delivery is made later than the date of acknowledgement). If the Korean Act on the Consumer Protection in Electronic Commerce provides otherwise concerning such withdrawal, the Act shall apply.
- Upon receipt of the delivered products, the User may not return or exchange them, if:
- the User is liable for lost or damaged products, provided that the User may withdraw the purchase order in the event that that the User has damaged the packaging in any way;
- the value of products, etc. has decreased significantly due to the use, or consumption in part, of the products by the User;
- the value of products, etc. has significantly decreased over time rendering the resale of the products impossible;
- while the product may possibly be replicated into one with a similar performance, the product’s packaging has been damaged;
- Under sub-paragraph (A) through (D) of Paragraph 2 above, no restriction will exist on a User’s withdrawal of purchase order in the event that the Site fails to take any steps to thoroughly note such restriction in a place where consumers can readily recognize or to provide trial products.
- Notwithstanding paragraphs 1 and 2 of this Article, in the event that the User finds that the products, which have been purchased by that User, do not conform to the contract and/or specifications described in relevant advertisement, the User must notify Dot via the Site (Contact Us) within 7 days from the delivery of the products. If such notification is made after 7 days of the delivery, the products shall be subject to the standard returns and refund policies, which are described in more detail at EXCHANGE & RETURNS POLICY (Hyperlink).
Article 16 (The effect of Withdrawal of Purchase Order)
- Under the process of issuing refunds, Dot will process the refund payment for the purchase within 5-10 business days from the date of the return. In the occurrence that Dot delays the refund issuance to the User for the products without notice nor reasonable causes, Dot will bear the financial responsibility for the amount of interest accruing during the delay at the interest rates set forth in Article 21-3 of the Enforcement Decree for the Korean Act on the Consumer Protection in Electronic Commerce.
- If the User has made payment by certain payment methods such as credit card or electronic currency, the Site will, without delay, request such payment service providers to stop or cancel the payment, when refunding the above payment.
- In case of withdrawal of a purchase order, the User will bear the cost incurred for the return of the delivered products. If the contents of the products are different from the contents of the display or advertisement, or do not conform to the contract, the expenses incurred for the return of the products, etc. will be borne by Dot.
- If the User has paid the shipping cost when receiving the products, the Site will conspicuously indicate who will bear the cost when the purchase order is withdrawn.
- See the EXCHANGE & RETURNS POLICY for more details.
Article 17 (Privacy)
- When collecting the User’s information, the Site may collect, process, store, and manage such information at a satisfactory level necessary to perform the contract.
- When the Site collects certain personal information from which the identity of a User is ascertainable, the Site must obtain that User’s consent.
- The personal information provided by the User may not be used for unintended purposes without consent or provided to a third party. Dot will bear all liabilities resulting from such use or provision, unless:
- the Site has provided the information about the User at a minimum level required for delivery (e.g., name, address, and phone number) to a transportation company;
- the Site has provided such information in a way that the User is unidentifiable, for the purpose of statistical preparation, academic research, market research, etc.;
- the information is required for settlement of payments for trade of goods;
- identity verification is required to prevent misappropriation and security;
- the information used is personal information necessary to process a contract, however, regarding the provision of information and telecommunication services, it is extremely difficult to obtain normal consent because of Dot’s or the User’s economic or technical reasons unexpected and unforeseen;
- services linked to SNS (Social Network Service) is used; or
- there are inevitable reasons as required by governing law or regulations.
- In the event that the Site requires the User’s consent pursuant to paragraphs 2 and 3 of this Article, the Site shall express in advance, or give a prior notice of, the identity of the person (i.e., affiliation, name, telephone number, and other contact details) responsible for handling personal information, the purpose of collecting and using the information, matters related to provision of the information to third parties (the person who receives the information, the purpose of providing the information, the contents of the information to be provided) pursuant to paragraph 2 of Article 22 of the Korean Act on Promotion of Information Network Utilization and Information Protection. The User may withdraw such consent at any time.
- The User may request to view and correct the error of his/her personal information at any time, and the Site shall be obligated to take necessary measures without delay. If the User requests correction of the error, the Site will not use the personal information until the error is corrected.
- The Site will minimize the number of the administrators for the purpose of protecting personal information, and take full liability for the loss, theft, leakage, and unauthorized alteration of a User’s personal information including that of a credit card, bank account, etc, if retained within the Site’s assets.
- A third party who receives personal information from the Site will destroy such personal information without delay when it has achieved the purpose of collection in strict adherence to the exceptions and guidelines above.
Article 18 (Obligation of The Site)
- The Site will not engage in acts that are prohibited by local and international laws and regulations of digital commerce and media, the Terms and Conditions, nor are in violation of public order and ethics codes. Also, the Site provides products and services continuously and reliably as stipulated in the Terms and Conditions.
- The Site should maintain a functional and satisfactory security procedures to protect the Users’ personal information (Including credit information) so that the Users can safely use the services offered by Dot.
- The Site will be liable for financial damages to the User for any and all losses resulting from unfair advertisements of products or services pursuant to Article 3 of the Korean Act on Fair Expression and Advertisement.
- The Site will not send advertising emails for commercial purposes that Users do not want to receive.
Article 19 (User’s Account and Password)
- Each individual member is responsible for managing his or her User account (ID) and the account password except in the cases listed in Article 17.
- The user should not allow third parties to use his or her account and password.
- In this event that a User account and password are compromised or used by a third party, the User must inform Dot, then follow the instructions provided then.
Article 20 (Obligation of Users)
- A User is prohibited from the below:
- registration with willful false credentials at the time of application or modification;
- misappropriation of other individuals’ information;
- unauthorized access and change of the information posted on the Site’s digital assets.
- transmission or posting of the information (e.g., computer programs, etc.) other than what and where the Site has designated;
- infringement of intellectual property rights, such as the copyrights of third parties including the Site’s own digital assets;
- defamation of Dot or any other parties or;
- any act interfering with the Site’s work or compromising security;
- and disclosure or posting of obscene, malevolent, or harmful messages, video, sounds, or other medium of information that breaches the public order and good morals at the Site.
- The Site may take any of the following actions against Members who have violated the Terms and Conditions, relevant governing laws and regulations, or the general principles for international and local commercial transactions:
- Collection of some or all of the benefits or service that the Site has provided;
- Restriction on the use of certain Services;
- Termination of the contract; or
- Claim for damages resulting from the violation.
Article 21 (Relationship between the Connecting Website and the Connected Website)
- If the Site is connected with its sub-websites via hyperlinks (which would contain, for example, texts, pictures, and videos), the former is called a connecting website, while the latter is called a connected website.
- The Site articulates on the initial page of the Site, or on a pop-up screen that appears upon connection to another website, that it has no guaranteed obligation for any transaction with Users for the products exclusively provided by a connected website, the Site has no such an obligation for such transaction nor the User’s experience.
Article 22 (Copyright and Limit of Usage)
- Copyright of all the works and other intellectual property published by the Site belong to Dot.
- Users shall not reproduce, transmit, publish, distribute, or broadcast Dot’s intellectual property within the Site’s digital assets nor any other information obtained by using the Site without Dot’s proper authorization.
- The Site will notify the User when using a copyright which belongs to that User as agreed.
- This article will be in effect for a period of time under Dot’s own discretion after the User withdraws from the Site.
Article 23 (Disputes Resolution)
- The Site reflects legitimate and constructive opinions and complaints posed by Users, and will properly set up a satisfactory compensation model.
- The Site addresses complaints and comments submitted by Users with priority. In the event that it is difficult to process such matters promptly, the Site will inform the Users of the reason for the delay and of the solutions processing.
- If there is a claim for damages in relation to e-commerce disputes between the Site and a User, this may be submitted to the mediation procedure under the auspices of a selected, neutral court of law to abide by the applicable law of international commerce.
Article 24 (Jurisdiction and Governing Law)
- Any dispute between the Site and a User with regards to electronic transaction, the parties shall irremovably submit the dispute to the exclusive jurisdiction of the courts of Dot for the purpose of resolving the dispute.
- The laws of the Republic of Korea govern the interpretation of the Terms and Conditions and apply to claims for breach of it, regardless of conflict of law principles.