Article 1. Purpose
The purpose of these Terms of Service is to set forth the rights and responsibilities of the User with respect to the online services provided on Nine Tree Hotel (hereinafter the “Website”) operated by Parnas Hotel Co., Ltd. (hereinafter the “Company”).
Article 2. Definitions
- 1. “Website” means a virtual business site established by Parnas Hotel Co., Ltd. to trade products and services using information communication facilities in order to provide products or services(hereinafter the “products”) for its Users. It is also the operator of e-stores.
- 2. "Users" mean non-members who use services provided by the Company by accessing to the Website under these Terms of Service.
- 3. “Non-members” means persons who use the Service provided by the Website without registering as Members.
Article 3. Specification, Description, and Revision of the Terms of Service
- 1. The following information shall be posted on the first page of the Website: Terms of Service, name of the Company, representative, address (including the address of the site through which consumers can resolve their complaints), telephone number, fax number, email address, business registration number, and online sales registration number. However, the Terms of Services shall be linked to a separate page that the Users can access.
- 2. The Website shall provide the link or a pop-up window that includes important information about withdrawing consent, responsibility of shipping, and refund policy so the Users can read the information before accepting the Terms of Service.
- 3. The Website may revise these Terms of Service to the extent permitted under the applicable laws including the Act on the Consumer Protection in Electronic Commerce, the Act on the Regulation of Terms and Conditions, the Framework Act on Electronic Documents and Transactions, the Electronic Financial Transactions Act, the Digital Signature Act, Act on Promotion of Information and Communications Network Utilization and Information Protection, Act on Door-to-Door Sales, ect, and the Framework Act on Consumers, etc.
- 4. When revising the Terms of Service, the Website shall post the date of effect and reasons for such revision, along with the current version of the terms, on the first page of the e-Store at least 7 days in advance. However, when changing the content of the terms, notification about this change shall be posted at least 30 days in advance. In this case, it shall provide both current and new versions of the terms to make sure that the Users can easily compare them.
- 5. Any change in the terms shall be applied to only the Users who accept the terms after the date of effect unless the existing Users express their intention to accept the new version of the terms within the notification period set by Article 3 hereof.
- 6. Any matters not defined hereunder shall be determined by the applicable laws and commercial practices including the Act on the Consumer Protection in Electronic Commerce, Act on the Regulation of Terms and Conditions, and Consumer Protection Guidelines or acts and related acts in Electronic Commerce set by the Fair Trade Commission.
Article 4. Provision and Change of Service
- 1. The Website shall perform the following work.
- ① Providing information about the products and services and entering purchase agreement
- ② Delivering the products or services subject to the purchase agreement
- ③ Any other work determined by the Website
- 2. The Website may change the content of the products or services to be provided under the future agreement in case of any changes in technical specifications or unavailability of products or service. In this case, the Website shall post information about such changes and their effective date in the place where the products or services are posted.
- 3. The Website shall notify the Users of any change in the technical specifications or unavailability of the products subject to the agreement with the Users through the address provided by the Users.
- 4. In the event subject to the previous item, the Website shall compensate any damage caused to the Users unless the Website proves that such damage is not caused by the Website.
Article 5. Interruption of Service
- 1. The Website may discontinue providing services temporarily for the maintenance or replacement of its information communication facilities or in the event of a communication or system failure.
- 2. The Website shall indemnify the Users or third parties of any damage caused by such interruption of services unless proven that the aforementioned damage is not caused by the Website.
- 3. In the event that the Website is no longer able to provide services due to change in business or merger, the Website shall compensate the Users under Article 68 and any conditions set by the Website. However, if there are no conditions on such compensation, then the Website shall compensate the Users for their membership points or reserve with cash or in kind.
Article 6. Purchase Order and Acceptance to Collection of Personal Information
- 1. The Users shall use the following process to place orders, and the Website makes sure that the Users understand how to do so.
- ① Search and select products.
- ② Enter name, address, phone number, and email address (or mobile phone number).
- ③ Check the Terms of Service and information about the services not subject to cancelation of the agreement, shipping charges, and installation costs.
- ④ Accept or decline the Terms of Service and Item 3 above (by clicking the mouse button).
- ⑤ Confirm the products purchase order or agree to the confirmation message provided by the Website.
- ⑥ Select the payment method.
- 2. Before disclosing any personal information of the Users to a third party, the Website shall notify the Users of 1) the recipient of the personal information, 2) the recipient’s purpose of using the personal information, 3) the personal information to be disclosed, 4) the period of retention and use, and then obtain approval from the Users. (The same process is required for any change in the process already approved the Users.)
Article 7. Constitution of Agreement
- 1. The Website may not accept purchase orders under Article 6 hereof if:
- ① The purchase order contains any error, false or missing information.
- ② Acceptance of the purchase order may cause significant technical interruption to the Website.
- 2. The agreement shall be deemed constituted at the time when the approval of the Website is delivered in the form of notice under Article 6-1 hereof.
- 3. The approval the Website shall include the confirmation of purchase order, availability of the items, and information about changing and canceling purchase order.
Article 8. Payment Method
- 1. The Users may make payment for their purchases using one of the following methods. The Website shall not charge any fees on such payment methods:
- ① Bank transfer, e.g. phone banking, internet banking, mail banking
- ② Card payment, e.g. prepaid card, debit card, credit card
- ③ Online remittance
- ④ Electronic currency
- ⑤ Payment on site
- ⑥ Redemption of coupons provided by the Website
- ⑦ Gift certificates approved by the Website
- ⑧ Any other electronic payment method
Article 9. Receipt Confirmation and Change and Cancelation of Purchase Order
- 1. The Website shall provide the confirmation of receipt upon request by the Users.
- 2. The Users may request change or cancelation of their purchase order upon receipt of confirmation from the Website. The Website shall comply with such request if the order has not been shipped. However, if the payment has been already made under Article 12 hereof, the policy on the withdrawal of consent shall apply.
Article 10. Delivery of Products
- 1. The Website shall take necessary measures including products and packaging to make sure the products are delivered within 7 days unless agreed otherwise. However, if the Website has already received the payment in full or in part, the Website shall take measures within 2 business days. In this case, the Website shall make sure that the Users can check the products and delivery status.
- 2. The Website shall specify the shipping method, cost, and time for the items purchased by the Users. In case of any delay in delivery, the Website shall compensate for any damage or loss caused to the Users unless it is proven that such delay is not caused by the Website.
Article 11. Refund
- 1. In the event that the Website is unable to deliver or provide the products or services purchased by the Users, it shall notify the Users immediately and refund any payment received within 3 business days or take the necessary measures.
Article 12. Withdrawal from Agreement
- 1. After entering an agreement with the Website for the purchase of products or services, the Users may withdraw from the agreement within 7 days from the date of receiving the content of the agreement in writing (or the date of receiving the products or services if their delivery is delayed) under Article 10-2 of the Act on the Consumer Protection in Electronic Commerce unless specified otherwise in the aforementioned act.
- 2. The Users shall not return or request replacement of the products or services if:
- ① Such products or services are lost or damaged due to the fault of the Users, except for removing packaging to check the package’s content.
- ② The value of such products or services has been significantly reduced due to the fault of the Users or partial consumption.
- ③ The resale value of such products or services has been significantly reduced due to the lapse of time.
- ④ The packaging of products or services that can be duplicated has been removed or damaged.
- 3. In the event of Article 12-2-2 to 12-2-4, the Users’ right to withdraw from the agreement shall not be restricted in any way if the Website fails to specify such restriction in a place where the User can find this information easily or if the Website fails to provide a sample.
- 4. Notwithstanding Articles 12-1 and 12-2 hereof, if the products or services are not as advertised or labeled, the Users may withdraw from the agreement within 3 months from the date of receiving the products or services or 30 days from the date when they recognize such nonconformity.
Article 13. Effect of Withdrawal from Agreement
- 1. The Website shall refund the payment received for the products or services within 3 business days from the date they are returned. In the event that such refund is delayed, the Website shall pay the delay penalty for each delayed day as specified in Article 18-3 of the Act on the Consumer Protection in Electronic Commerce.
- 2. If the payment has been made by payment methods including credit card, the Website shall make sure that the payment service provider cancels such payment immediately.
- 3. The Users shall bear the cost of returning the products in the event of withdrawal of agreement. The Website shall not claim any penalty or compensation for damage against the Users. However, if the products are not as advertised or labeled, the Website shall bear the cost of returning them.
- 4. If the Users have paid the shipping cost, the Website shall indicate who will be responsible for such shipping cost in the event of withdrawal from the agreement.
Article 14. Protection of Personal Information
- 1. In cases where the 'website' receives returned goods or the like from the user, it shall refund the payment for the received goods or the like within 3 business days. In the event that the 'website' delays the refund of goods or the like to the user, it shall pay delay interest calculated by multiplying the delay interest rate specified in Article 18-3 of the Enforcement Decree of the Act on Consumer Protection in Electronic Commerce, etc. by the delay period, as provided.
- 2. In refunding the aforementioned payment, if the user has made payment for the payment of goods or the like through means such as credit cards, the 'website' shall promptly request the business operator that provided the payment means to suspend or cancel the billing of the payment of goods or the like.
- 3. In cases of withdrawal of offer and the like, the cost necessary for the return of the supplied goods or the like shall be borne by the user. The 'website' shall not claim a penalty or damages from the user for withdrawal of offer and the like. However, in cases where the contents of the goods or the like are different from the indicated or advertised contents, or the contract is not fulfilled as agreed, the 'website' shall bear the cost necessary for the return of the goods or the like.
- 4. In cases where the user bears the shipping cost for the receipt of goods or the like, the 'website' shall clearly indicate who bears the cost when the withdrawal of offer is made, to make it easily understandable for the user.
Article 15. Obligations of Website
- 1. The Website shall not violate the laws and these Terms of Services or engage in any activities that may cause public disorder. The Website shall provide products or services in a consistent and reliable manner to the best of its ability.
- 2. The Website shall establish a security system to protect personal information (including credit information) of the Users and make sure that online service is provided in a secure and reliable manner.
- 3. The Website shall be responsible for any damage or loss caused to the Users by any false advertisement or labeling under Article 3 of the Act on Fair Labeling and Advertising.
- 4. The Website shall not send marketing email messages that the Users do not want.
Article 16. Members’ Obligations on Their ID and Password
- 1. Except for the cases specified in Article 14 hereof, the Members shall be responsible for protecting their ID and password.
- 2. The Members shall not allow a third party to use their ID and password.
- 3. The Members shall notify the Website immediately and follow its instructions in the event that their ID and password have been stolen or used by a third party.
Article 17. Obligations of the Users
- 1. The Users shall not:
- ① Provide false information when applying for membership or changing their membership information.
- ② Use another person’s information.
- ③ Change the information posted on the Website.
- ④ Send or post any information (e.g. software) not permitted by the Website.
- ⑤ Infringe the intellectual property rights of the Website or a third party.
- ⑥ Damage the reputation of the Website or a third party or disrupt their business operation.
- ⑦ Post any pornographic or violent messages, videos. or audio on the website.
Article 18. Relation between Linking and Linked Websites
- 1. When two websites are linked using a hyperlink (including text, image, and video), the former website is referred to as the “Linking Website” and the latter is the “Linked Website.”
- 2. If the Linking Website states that it is not responsible for any transaction between the Users and the Linked Website for the products on its pop-up window or first page, then the Linking Website shall not be responsible for such transactions.
Article 19. Ownership of Copyrights and Limitation of Use
- 1. The Website shall own the copyrights and intellectual property rights of the works created by the Website.
- 2. The Users shall not copy, transmit, publish, distribute, broadcast, , or allow a third party to use any information obtained in the course of using the Website, which is copyrighted by the Website, to gain profit without the prior consent of the Website.
- 3. The Website shall notify the Users in advance when using works whose copyright is owned by the Users.
Article 20. Dispute Resolution
- 1. The Website shall handle and respond to any complaints and feedback from Users and establish a system to compensate any damage or loss caused to the Users.
- 2. The Website shall place priority on handling the feedback or complaints raised by the Users and notify the Users accordingly in the event that it is unable to process their feedback or complaints on time.
- 3. Any dispute arising between the Website and the Users shall be submitted to the arbitrator chosen by the Fair Trade Commission or the mayor/governor.
Article 21. Jurisdiction & Governing Law
- 1. The Website and the Users shall submit all their disputes arising out of or in connection with these Terms of Service to the exclusive jurisdiction of the courts following the Users’ address at the time of submission. However, in the event that the address of the Users is not clear or the Users live outside Korea, the jurisdiction shall be determined under the Civil Procedure Act.
- 2. Any claims between the Website and the Users shall be governed by the laws of Korea.