Article 1 (Purpose)

The purpose of these provisions is to prescribe the rights, obligations and responsibilities of the online mall run by Superior Holdings Co., Ltd. (hereinafter referred to as the “Online Mall”) and users, regarding the use of the Internet-related service (hereinafter referred to as “Service”) provided by the Online Mall.

Article 2 (Definition of Terms) 

(1) “Online Mall” refers to a homepage where Superior Holdings Co., Ltd. provides contents and services related to online businesses and brands to provide and trade goods and services by using information telecommunications facilities and it also refers to an operator who runs the Online Mall.

(2) “User” refers to a member and a non-member who receives provided services in accordance with the terms and conditions by accessing the Online Mall. 

(3) “Member” refers to the user who has registered for membership by providing the Online Mall with his or her personal information and is continuously provided information on the Online Mall by being allowed to use the service.  

(4) “Non-member” refers to the user who uses the Online Mall services without applying for membership. 

Article 3 (Prescription, Explanation and Revision of Terms and Conditions)

(1) The Online Mall shall notify the contents in the terms and conditions, name of business and owner, location of the office and business registration number so that users can easily find the information. However, the contents of the terms and conditions shall be seen on a linked page.

(2) The Online Mall shall obtain confirmation from the user by providing a separate linked page to help the user understand important contents of the terms and conditions, such as order cancellation, responsibility for delivery and refund conditions, before the user consents to the terms and conditions. 

(3) The Online Mall may revise the terms and conditions within the extent not to violate any pertinent laws and regulations such as the Act on Consumer Protection on E-Commerce etc.

(4) In case where the Online Mall revises the terms and conditions, the Online Mall shall notify the revised version with the current terms and conditions while specifying the date of application and the cause of revision from at least seven days prior to the date of application to the date before the date of application: Provided, that in a case where the Online Mall revises the terms and conditions against the advantage of the user, the Online Mall shall notify the revised terms and conditions with a grace period of at least 30 days. In this case, the Online Mall shall notify the terms and conditions by comparing clearly the contents before and after the revision to help the user understand the contents more easily.

(5) In case where the Online Mall revises the terms and conditions, the revised version shall be applied to all users from the date of application unless the Online Mall specifies the date separately: Provided, that the rights and obligations that already took effect before the revision are not influenced by the revised terms and conditions. In a case where the user who has already contracted conveys his or her willingness to be covered by the original terms and conditions to the Online Mall within the period pursuant to Article 3, the user shall be covered by the original terms and conditions. 

(6) With respect to the items not specified under the terms and conditions and the interpretation of the terms and conditions, it shall follow the Act on Consumer Protection on E-Commerce etc., the Act on Regulation of the General Terms and Conditions, consumer protection instruction on e-commerce set forth by the Fair Trade Commission and pertinent laws and regulations or commercial practice.

Article 4 (Provision and Modification of Service)

(1) The Online Mall shall carry out the following:

1. Provision of information of goods or services and entering into a purchase contract;

2. Delivery of goods or services with the purchase contract;

3. Provision of brand-related contents and services; and

4. Other works set forth by the Online Mall

(2) In a case where goods or services are sold out or their technical specifications are modified, the Online Mall may change the contents of goods or services to be provided under the contract to be entered into later.

(3) In a case where the Online Mall changes the contents of goods or services due to reasons such as out of stock or changes of technical specifications, the Online Mall shall immediately notify the reason to the user by contacting the available number of the user.

(4) In a case of paragraph (3), the Online Mall shall be liable for any damage to the user: Provided, that in case where the Online Mall proves that it has no negligence or fault, the Online Mall shall not be liable for the damage.

Article 5 (Suspension of Service)

(1) In a case where there is any cause of maintenance, replacement and break-down, disconnection of communications of information communication facilities such as computers and other equipment, the Online Mall may temporarily suspend the provision of service. 

(2) In a case where service is not to be provided due to the conversion of business category, giving up the business, integration of businesses and others, the Online Mall shall notify the user with the method prescribed under Article 8 and compensate consumers in accordance with the conditions initially presented by the Online Mall.

Article 6 (Subscription of Membership)

(1) The user writes personal information in accordance with a membership form prescribed by the Online Mall and applies for the membership by consenting to the terms and conditions.

(2) In a case where there is any modification of the registration under Article 1, the member shall inform the Online Mall of the modification via email or other method.

Article 7 (Withdrawal from Membership, Disqualification etc.)

(1) The member may request withdrawal from the Online Mall at any time and the Online Mall shall immediately cancel the membership.

(2) In cases falling under any of the following subparagraphs, the Online Mall may restrict and suspend the membership. 

1. In a case where false contents are registered at the time of applying for subscription;

2. In a case where the payment is not made on the due date by the member in relation to the proceeds for goods or others purchased on the Online Mall; 

3. In a case where the member threatens the e-commerce order by interfering with other persons from using the Online Mall and illegally using their information; and

4. In a case where the member acts against public order and standards of decency or the terms and conditions of the Online Mall.

Article 8 (Notice to Members)

In case where the Online Mall notifies the member, it may contact the number that the member designated in advance by making an agreement with the Online Mall.

Article 9 (Purchase Application)

(1) Any user shall apply for purchase under the following or similar methods on the Online Mall and the Online Mall shall provide following contents for the user to help the user understand the contents more easily: Provided, that in case of the member, the application of Article 2 or Article 4 may be excluded.

1. Search and selection of the goods and others;

2. Entering the name, surname, address, telephone number and email address (or cell phone number);

3. Confirmation of the contents of the terms and conditions, services with the limitation of order cancellation, shipping charge and the contents regarding cost burden on installation fee;

4. Indication to confirm or refuse the contents above with agreement to the terms and conditions (e.g. clicking a mouse);

5. Order request for the goods and its confirmation or consent to the confirmation by the Online Mall; and

6. Selection of payment method

Article 10 (Establishment of the Contract)

(1) In cases falling under any of the following for the order in accordance with Article 9, the Online Mall may not approve.

1. In a case where there is false information, omission of information or error in the contents; and

2. In a case where the approval of the application for the other purchase is evidently impossible for the technical conditions of the Online Mall

(2) The contract is assumed to be concluded when the consent of the Online Mall reaches the user in the form of notification of the acknowledgment of receipt pursuant to Paragraph (1) of Article 12.   

(3) The indication of the approval by the Online Mall shall include the confirmation of purchase order by the user, the possibility of selling the product and information on the revision and cancellation of purchase order. 

Article 11 (Payment Method)

The payment for goods or services that are purchased on the Online Mall shall be made only by credit cards.

Article 12 (Notification of Acknowledgement of Receipt and Modification and Cancellation of Purchase Application)

(1) In a case where the user applies for a purchase, the Online Mall shall notify the acknowledgement of receipt.

(2) In a case where there is a discrepancy in the expression of the intention, the user who has accepted the acknowledgement of receipt may immediately request for change and cancellation of purchase. In this case, the Online Mall shall meet the request without delay: Provided, that in the case of prepaid order, it shall be applied by Article 15.

Article 13 (Supply of Goods, etc.)

(1) The Online Mall shall take necessary measures such as customized order and package to deliver the goods, etc. within 10 days of the application for purchase unless there is a separate agreement with the user at the time of provision of goods: Provided, That in case where the Online Mall receives all or part of the payment for the goods, the Online Mall shall take measures within two business days from the day when the user pays the price. In this case, the Online Mall shall take appropriate measures for the user to confirm the process of providing the goods.

(2) The Online Mall shall specify the delivery method for the goods that the user purchased, the person who bears the burden of delivery fee and delivery period depending on the method. 

Article 14 (Refund)

When finding difficulties with the supply of ordered goods or services due to reasons such as products being out of stock, the Online Mall shall without delay inform the user concerned of the reason, and, in the case of a prepaid order, refund the price or take measures necessary for refund within two business days from the day when the user pays the price. 

Article 15 (Cancellation, etc. of Orders)

(1) The consumer who has signed a contract with the Online Mall may cancel the order within ten days from the day when the goods or services are delivered.

(2) After the consumer receives the delivery of goods or services, in cases falling under any of the following cases, the consumer shall not be entitled to cancel the order or exchange the item:

1. In a case where the goods or services have been destroyed or damaged due to a cause ascribable to the consumer: Provided, that in case where the damage to the package, etc. has been done to confirm the contents of the goods or services, this shall not apply;

2. In a case where the value of the goods or services have remarkably decreased due to a cause ascribable to the consumer;

3. In a case where the value of the goods or services have remarkably decreased as to cause difficulty in resale due to the elapse of time; and

4. In a case where the package of the reproducible goods or services has been destroyed.

(3) In case of Paragraphs (2) or (4) of Article 2, cancellation of order by the user shall not be limited if the Online Mall did not notify the information on the restriction of order cancellation in advance to where the user can recognize easily or take measures to provide the product.

Article 16 (Effect of Cancellation, etc. of Orders)

(1) The Online Mall shall refund the price of goods or services, which have been already paid, within three business days from the date he/she has received the returned goods, etc. In such cases, if the Online Mall delays the refund of the price of the goods or services to the consumer, the Online Mall shall pay interest on the delay calculated by multiplying a delayed period by the interest rate prescribed by the Fair Trade Commission.

(2) In refunding the price of goods or services, when a consumer has paid the price of goods and services with a credit card or other means of settlement such as electronic money, the Online Mall shall promptly request a business operator who has supplied the means of settlement concerned to halt or cancel the request for the price of the goods or services.

(3) In a case where the order is cancelled due to the user such as a change of heart, the user shall bear the cost of having the goods or services returned. The Online Mall shall not charge the user a penalty or claim damages against the user due to the order cancellation.

(4) In a case where the user paid the delivery fee upon being provided the goods or services, the Online Mall shall clearly specify the party who bears the burden of paying the delivery fee if the user cancels the purchase. 

Article 17 (Protection of Personal Information)

(1) The Online Mall shall collect the following information when it collects user information.
The following are required information while other information is optional.

- Name, surname, address, telephone number, ID, password, gender and date of birth

(2) When the Online Mall collects personal information that can be used to identify individuals, the Online Mall shall obtain the consent of the user.

(3) Personal information shall not be used for other than the initial purpose without the consent of the user or provided to a third party and the Online Mall shall be liable for the responsibility. However, the following are exceptions:

1. In a case where the user gives the minimum personal information for a delivery company (e.g. name, address and telephone number);

2. In a case where the user provides personal information for statistics or a survey in the form that may not be used to identify individuals;

3. In a case where the personal information is needed for paying the price due to the transaction;

4. In a case where the personal information is needed to identify individuals for the prevention of its illegal use; and

5. In a case where the personal information needs to be disclosed by legal process by a national agency or pursuant to laws and regulations

Article 18 (Obligation of the Online Mall)

(1) The Online Mall shall make great efforts to provide the goods and services in a continuous and stable manner and not to act against laws and regulations, the terms and conditions and public order and standards of decency.

(2) The Online Mall shall be equipped with a security system for the protection of personal information (including credit card information) of the user in order for the user to use the Internet service more safely.

(3) Where any user has suffered damage from unfair labeling or advertising on goods or services provided by the Online Mall which violates Article 3 of the Act on Fair Labeling and Advertising, the Online Mall shall be obligated to compensate for such damage to the sufferer.

(4) The Online Mall shall not send any email for profit or advertisement not desired by the user.

Article 19 (Obligation for IDs and Passwords)

Except for Article 17, the member shall be responsible for managing his or her ID and password.

Article 20 (Obligation of Users)

The user shall not do the following:

1. Registration of false information for application or modification

2. Illegal use of personal information of others

3. Revision of information posted by the Online Mall

4. Transmission or posting the information (e.g. a computer program) other than information specified by the Online Mall

5. Any act to disclose or post lewd or violent messages, audio and videos and information against public order and standards of decency

Article 21 (The Relationship between the Connecting and Connected Online Mall)

The connecting Online Mall refers to the fact that it bears no guarantee liability for transaction with the user for the goods and services that the connected Online Mall exclusively provides. In a case where the main page of the connecting Online Mall or pop-up screen at the time of being connected is specified, the Online Mall shall not bear guarantee liability.

Article 22 (Belonging of Copyright and Restriction of its Use)

(1) The copyright and other intellectual property rights on contents written by the Online Mall shall belong to Superior Holdings Co., Ltd.

(2) Among information obtained by using the Online Mall, the user shall not use the contents whose intellectual property rights belong to the Online Mall for profit or being used by a third party by reproduction, transmission, publication, distribution, broadcasting and other methods without prior permission.

(3) In case where the Online Mall uses the copyright belonging to the user pursuant to the contract, the Online Mall shall notify its use to the user. 

(4) The copyright of postings that the member has written while using the service provided by the company belongs to the member and he or she shall bear the burden of responsibility from dealing with the violation of copyright and relevant criminal and civil lawsuits.

Article 23 (Dispute Resolution)

The Online Mall shall establish and operate a help center for consumers, which reflects consumers’ opinions or complaints and compensate for the damage.

Article 24 (Special Agreement on International Shipping)

(1) Purchase for international shipping is allowed up to 30 kg per order. In a case where the weight is over 30kg, products are partially delivered depending on the purchaser’s willingness, but in a case where the purchaser is out of contact for seven days or more, the order is automatically cancelled. 

(2) Return of the package due to failure of customs clearance, uncertain consignee and rejection by addressee shall be deemed the responsibility of the purchaser and the delivery fee regarding this issue shall be paid by the purchaser. Returned products shall be stored in a distribution center for up to 30 days and in a case where the purchaser is out of contact for 30 days, the product shall be discarded. In a case where the product is confiscated or discarded through customs, it shall be impossible to redeliver the product or refund.

(3) The consignee shall be liable for the tariffs, taxes on public utilities and other expenses charged depending on the nation in using international shipping service.

Article 25 (Jurisdiction and Governing Laws)

(1) The jurisdiction of lawsuits relating to e-commerce disputes between the Online Mall and the user shall be subject to the user’s address at the time of filing the lawsuit, but, in the case of nonexistence of address, the district court that has jurisdiction over his residence shall have the exclusive jurisdiction: Provided, that this shall not apply in a case where the address or residence of the consumer at the time of filing the lawsuit is not evident or in case of a foreign resident, which is filed for the district court in accordance with Civil Procedure Act.

(2) In the case of lawsuits regarding e-commerce disputes between the Online Mall and the user, the Korean laws shall be applied.

These terms and conditions take effect from March 29, 2013.

The Internet shopping mall for black Martine Sitbon of Superior Holdings Co., Ltd. always strives to keep customers’ personal information secure and safe.

1. Consent to Collection of Personal Information

The Black Martine Sitbon Shopping Mall (hereinafter referred to as the “Company”) assumes that a customer consents to the contents of the personal information policy or its terms of use if he or she clicks on the “Consent” button.

2. Purpose of Collection and Use of Personal Information

Purposes for collecting and using personal information of customers are as follows.

- Individual identification for the use of membership service
- Prevention of fraudulent and unauthorized use 

- Provision of contents, notification of events and prizes and product delivery
- Individual authentication for product purchase transactions and payment service

- Utilization in marketing and advertisements for providing optimal services

3. Collected Items of Personal Information

The Company collects only the information necessary for providing basic services, and in the case of collecting information for providing customized services based on individual tastes and preferences, additional consent is obtained.

The Company collects and uses the following types of personal information:

- Collected item: ID, password, surname, name, address, nation, telephone number, gender, date of birth, credit card information and access log

- Purpose of use: User authentication, response to complaints made by the user, address and telephone number identification for delivery and provision of payment services

4. Method of Collecting Personal Information

The Company collects personal information from sign-up and consulting procedures, events, assigning companies or affiliates, mobile phones and tools such as cookies as customers use wired or wireless Internet.

5. Term of Storage and Use of Personal Information

The Company will dispose of personal information immediately after the purpose for its collection and use has been achieved; provided, however, that the following types of personal information can be stored for the specified period of time for the following purposes:

a. Company’s Internal Policy

- Fraudulent and unauthorized use by undesirable users (individual identification information such as name, ID, password, email address, date of birth and gender)
  Grounds for storage: Prevention of fraudulent and unauthorized use
   Storage period: One year after membership cancellation

b. Storage of Personal Information in Accordance with Relevant Laws

In case there is a need to retain personal information according to relevant laws such as Commercial Code and Laws on Consumer Protection for Electronic Commercial Transactions, the Company shall possess users’ personal information for certain periods under such relevant laws.

6. Procedures and Methods of Disposal of Personal Information

The Company will dispose of personal information immediately after the purpose for its collection and use has been achieved.

- In principle, personal information that users entered for membership is transferred to and stored in a separate database for a specific term in accordance with the internal policy and other relevant laws on protection of personal information (see “Terms of storage and use of personal information”) and is discarded immediately after the purpose for its collection and use has been achieved.

7. Provision of Personal Information to a Third Party

Except for the case where a customer consents in advance or relevant legislations are stipulated, the Company shall not provide personal information of customers to a third party or use for any purpose other than the use stated in “Purpose of Collection and Use of Personal Information”. However, the Company may provide or share personal information of customers to or with a third party in the following cases where the Company provides convenience or enhances its quality of service.

a. When a prior consent from a user is obtained

b. When an investigating authority requests provision of personal information for purposes of investigations in accordance with procedures and methods set out in relevant laws and regulations, the procedure is made for obtaining prior consent from a user, and when the user does not consent, the Company shall not provide personal information to a third party.

8. Reading, Correction and Withdrawal of Personal Information

You may read or correct your personal information whenever you wish. If you want to read or correct your personal information, please click the button of “My page”.

In case of a non-member, he or she may check his or her personal information and purchase history after individual authentication.

In case where a customer requests the correction of wrong personal information, the Company shall not use or provide such personal information until the correction is completed.

In a case where incorrect personal information is provided to a third party, the Company shall immediately notify the result of correction to the third party. 

9. Installation, Management and Rejection of Automated Collection of Personal Information

The Company installs and operates tools such as cookies, which are used to find, collect and store your personal information automatically to provide personal and customized service. Cookies are very small text files that the server used to operate the Company’ web site sends to users’ browsers and are stored on the hard disk of users’ computers. Cookies identify users’ computers, not users individually.

a. Purpose of Use of Cookies

To implement target marketing and to provide customer-tailored services, the Company analyzes the types of the Company’s service that customers visit, the frequency and time of visits by website members.

b. Installment/Operation and Blocking of Cookies

- Users have the right to install or block cookies. Therefore, they can either permit all cookies by using a certain option in their web browser, or confirm cookie installation every time, or block the installation of all the cookies.

- If you block cookie installation, you may encounter problems in receiving the Company’s services such those required to log in.

- For further information on installing/blocking cookies, please refer to the help contents in your browser.

10. Consignment of Processing of Personal Information

The Company may outsource the process of personal information of customers to other professional company to a limited extent in order to enhance the quality of service and its provision. The Company notifies the name of an outsourcing company, the type of service and the scope of assigned information on the homepage. 

The Company shall clearly stipulate the information about the strict observance regarding the protection of personal information by service providers, confidentiality of personal information, prohibition of provision to a third party, liability in case of accidents, term of outsourcing and return or destruction of personal information after the process is completed, and the Company shall keep such contents of a contract in written or electronic form. 

11. Protection of Personal Information of Non-members

In case of orders by non-members, the Company requires personal information necessary for delivery, payment and checking an order and purchase.

The information on a payer and recipient that non-members write shall not be used other than for purposes regarding payment and product delivery. 

13. Articles

The Company shall keep articles written by users safely and strive to protect them, not to damage, falsify or delete. Exceptions are as follows. 

a. Spamming articles (e.g. advertisements for a specific web site)

b. Articles with the intention of slandering by distributing false information

c. Articles exposing others’ personal information without consent, violating the rights including the copyright of Superior Holdings Co., Ltd. or a third party and articles without relevance to the bulletin.

d. In case of disclosing others’ personal information, the Company shall post an article by deleting specific parts or modifying with a symbol for desirable Internet culture.

In principle, all the relevant rights and responsibilities are on an individual writer. As it is difficult to protect the information that is spontaneously disclosed by the article, please think carefully about the release of information.

14. Management of Personal IDs and Passwords

Your ID and password shall be essentially used only by yourself. In a case where the Company has no intention or fault for the stealing of ID and password or problems that occurred by the use of others, the Company shall not be responsible for any losses.