1. Purpose of Agreement
1.1. The purpose of this agreement is to stipulate the rights, obligations and responsibilities of customers in using the services (hereinafter referred to as "Services") provided by the www.inniskincare.com (hereinafter referred to as the "website") operated by La Source (e-commerce operator, hereinafter referred to as the "Company").
2.1. "Website" refers to a virtual store that the Company has established to provide Customers with services, e.g. sale of goods or services (hereinafter referred to as "Goods") so that Customers can use information and communication facilities like computers to trade Goods.
2.2. "Customer" refers to a member who connects to the website and receives the Services provided by the Company according to this agreement.
2.3. "Service" refers to a tangible and intangible action related to the Internet that the Company provides to Customers through the website.
2.4. "Member" refers to a person who has provided personal information to the company and has been consequently registered as a member, and a person who continuously receives information from the Company and the website, and who can continuously use the Services provided by the website.
3. Specification of the consent to the agreement, explanation and revision thereof
3.1. The Company will post the contents of this agreement, company name, name of the representative, address of its business offices (including the address of the place that handles Customers' complaints), phone numbers, fax numbers, e-mail addresses, business license number, mail order business license number and personal information manager on the first screen of the Website so that Customers can easily see them. However, the Company may make the contents of this agreement available to Customers on a link screen.
3.2. The Company must provide a separate link screen or popup screen for the website so that Customers can, prior to giving their consent to this agreement, understand important information stipulated therein, such as the withdrawal of subscription, responsibility for shipping and refund conditions, and the Company must make sure that Customers check it.
3.3. The Company may revise this agreement to the extent that it does not violate the provisions of laws, such as the Act on the Consumer Protection in the Electronic Commerce Transactions, Etc., the Act on the Regulation of Terms and Conditions, the Framework Act on Electronic Documents and Transactions, the Digital Signature Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., the Door-to-door Sales, Etc. Act, and the Consumer Protection Act.
3.4. If the Company revises this agreement, it must notify the revision of this agreement and the details of the revision seven (7) days prior to the enforcement date of the revised agreement (hereinafter referred to as "effective date"). If the changes are disadvantageous to users, this period shall be thirty (30) days. In this case, the Company must provide a before-and-after comparison and post it in such a way that Customers can easily understand it.
3.5. If Members do not explicitly indicate their intention to refuse to use the Website even though the Company clearly has stated that if they do not indicate their intention within thirty (30) days, then they will be deemed to consent to the revision as notified according to Paragraph 3.4, such Members will be deemed to have consented to the revised agreement
3.6. If Members do not consent to the revised agreement of the Website, the Company cannot apply the revised agreement to such Members, and in this case, Members may cancel the contract. If they use Services even after the revised agreement has come into effect, they will be deemed to have consented to the changes in the agreement.
3.7. Matters not stipulated in this agreement and matters concerning the interpretation of this agreement will comply with the Act on the Consumer Protection in the Electronic Commerce Transactions, Etc., the Act on the Regulation of Terms and Conditions, the e-commerce consumer protection guideline of the Fair Trade Commission and related laws and commercial practices.
4. Provision and changing of Services
4.1.The Company will provide the following Services through the Website:
4.1.1. Provision of information on goods or Services and conclusion of purchasing contract
4.1.2. Shipping the goods for which the purchasing contract was entered into
4.1.3. Provision of Services related to purchasing contracts and shipping
4.1.4. Responding to Customers in regard to Services and processing such Services
4.1.5. Other business specified by the Company
4.2.The Company may change the Goods to be provided according to future contracts if Goods are sold out or technical specifications are changed. In this case, the Company must specify the details of the changed Goods and the date of provision, and immediately post this information in the location where the descriptions of the current Goods are posted.
4.3.If the Company changes the Services that it agreed to provide for Customers because the Goods are sold out or technical specifications are changed, it must immediately notify the reason for this to Customers.
4.4.The Company will compensate Customers for the damages sustained by Customers due to the reason mentioned in Paragraph 4.3. If the Company proves that there was no intention or mistake, however, it will not do so.
5. Suspension of Service
5.1.In the event that the Website's electrical and communication facilities need to be repaired, inspected or replaced, and they fail or there are communication problems, the Company may notify a temporary suspension of Services and suspend Services temporarily.
5.2.The Company will compensate users for the damages sustained by them due to the temporary suspension of Services for the reason mentioned in Paragraph 1. If the Company proves that there was no intention or mistake, however, it will not do so.
5.3.If the Company cannot provide Services through the Website because it changed the type of business, ceased business operations or became merged with another enterprise, it must notify this to users in advance.
6. Membership signup
6.1.Customers may consent to this agreement by checking the agreement, entering member information in the form specified by the Company, and placing a checkmark next to the contents of agreement. If Customers place a checkmark next to this agreement, they will be deemed to have consented.
6.2.The Company will register those Customers who applied for membership according to Paragraph 6.1, and do not meet any of the following conditions:
6.2.1. If there are false entries, missing information or errors in the registration information.
6.2.2. If they are children under 16 years of age. However, in case it is necessary to collect the personal information of children under 16 years of age to protect their personal information, the Company will collect such information only if their legal representatives (parents) consented according to related laws.
6.2.3. If they used others' names to apply.
6.2.4. If they applied for membership for the purpose of disturbing the peace and social order or offending public morals
6.2.5. If they do not satisfy the application requirements of the Company.
6.3.In the following cases, the Company may postpone approval until the reasons for restricting the approval of the application are eliminated:
6.3.1. If there are no extra service-related facilities
6.3.2. If there are technical problems
6.3.3. If the Company deems it necessary.
6.4.The membership contract will be established when the Company's approval reaches the Member.
6.5.All Customer information provided in the application form will be deemed true. Customers who do not provide their real names or real data may not be able to receive legal protection and may be restricted in the Services they can receive.
6.6.If the information they provided when they signed up for membership changes, Members must immediately notify the Company by updating the changes to their Member profile. The Website will not bear responsibility for any disadvantage they experience due to their failure to notify such information to the Company.
7. Withdrawal of membership, disqualification, etc.
7.1.Members may withdraw from the Website anytime
7.2.If Members or Customers meet any of the following conditions, the Company may disqualify, restrict, suspend or cancel their membership.
7.2.1. If they provided false information when they applied for membership or changed information.
7.2.2. If they fail to pay for the Goods they purchased at the Website, or repay their debt in connection with the use of the Website.
7.2.3. If they threaten an e-commerce order by interfering with others' use of the Website or stealing their information.
7.2.4. If they intentionally interfered with service operations.
7.2.5. If they distribute computer virus programs that will cause information and communication facilities to malfunction or destroy information.
7.2.6. If they use system malfunctions and errors in information and communication facilities to use the Website abnormally.
7.2.7. If they illegally use others' personal information, user IDs and passwords.
7.2.8. If they duplicate, circulate or commercially use the information they acquired using the Company's service without the prior consent of the Company.
7.2.9. If they use the Website to act in a way prohibited by laws or this agreement or disturbs public order and public morals.
7.2.10.If the Company disqualifies membership according to Paragraph 2, Company will notify it to Members, and give such Members the opportunity to reply at least thirty (30) days prior to the cancellation of membership.
8. Notification to Members
8.1.If the Company delivers a notification to individual Members, it may do so using the specified e-mail address or the means mentioned in the information they provided when they signed up for membership.
8.2.In case of providing notification to multiple Members, the Company may post a notice to an online service bulletin board for at least a week, rather than notifying individual Members. However, the Company will notify individual Members if the notice greatly affects Members' transactions.
9. Purchase request
9.1.Customers will request a purchase at the Website using the following or similar methods, and the Company must provide the following through the Website so that Customers will know them easily when they request purchase.
9.1.1. Searching and selecting Goods
9.1.2. Entering information necessary for ordering and shipping, such as addresses.
9.1.3. Requesting the purchase of Goods and checking the purchase request, or consenting to the Company's confirmation.
9.1.4. Selecting payment methods.
10. Establishment of Purchasing Contracts
10.1.In any of the following cases, the Company may not approve Customers' subscription with regard to their purchase requests. However, in case of contracts with minors, if the consent of their legal representatives is not obtained, the minors themselves or their legal representatives may cancel the contract.
10.1.1. If there are false entries, missed information or errors in the application.
10.1.2. If minors make purchases without the approval of their guardians.
10.1.3. If approving purchase requests is deemed to cause serious technical trouble.
10.2.The Company's approval of purchase requests will be delivered to Customers by mail after orders are completed, and the contract will be deemed to have been established when this mail reaches Customers.
10.3.The approval mentioned in Paragraph 10.2 includes information on the confirmation of Customers purchase requests, the possibility of a sale and the correction or cancellation of purchase requests.
11. Payment method
11.1.The method of paying for the Goods purchased at the Website may be one of the following, and the Company will not collect any additional charges aside from the payment for the Goods with regard to Customers' payment method.
11.1.1. Credit-card payment
12. Notification of receipt confirmation, and change and cancellation of purchase requests
12.1. If Customers request purchase, the Company will provide a receipt confirmation to Customers.
12.2. If there is a discrepancy in the expression of intention, Customers in receipt of the notification of receipt confirmation may request that the purchase request be changed or cancelled. However, if payment has already been made, the subscription withdrawal procedure will be followed
12.3. If Customers request change or cancellation, and the Company cannot control the progress, it must be returned and the subscription withdrawal procedure will be followed.
13.1. If there is no separate agreement with regard to when the Goods will be supplied, the Company will take necessary measures, such as customizing and packaging, so that the Goods can be shipped within seven (7) days after the Customer's subscription. However, if the Company received all or part of the payment for the Goods, it will take necessary measures to supply the Goods within three (3) business days after receiving the payment. At this time, the Company will take appropriate measures to ensure that Customers can check the supply procedure for the Goods and the progress of shipment.
13.2. The Company will make sure that the Website specifies the shipping means, the payer of shipping costs for each means and the shipping period for each means with regard to the goods purchased by Customers.
13.3. The Company must do the packaging appropriately to make sure that the goods are not damaged in the process of shipping, and if goods are supplied according to 'the Act on the Consumer Protection in the Electronic Commerce Transactions, Etc.' and consumers' subscription, the Company will attach a document describing the contents (hereinafter referred to as "supply document") to the Goods and send it to consumers.
14.1. If the Company cannot deliver or provide the Goods that the Customer has requested to purchase because they are sold out, it will immediately notify the reason for this to Customers, and if the Company has received payment for the Goods in advance, it will refund the money or take measures necessary for such refund within seven (7) days after receiving payment.
15. Withdrawal of Subscription
15.1. If goods need to be returned due to the negligence of the Company (wrong delivery, non-shipment, damage, defects, etc.), it will refund the money or take measures necessary for such refund within seven (7) days after receiving the returned goods and Customer inquiry.
15.2. In the following cases after receiving the Goods, Customers may not return or exchange them:
15.2.1. If the Goods were lost or damaged for a reason attributable to Customers. (If the Customer damaged the packaging to check the contents of the Goods, however, they may withdraw their subscription.)
15.2.2. If the value of the Goods decreased noticeably due to Customers' use or partial consumption thereof.
15.2.3. If the value of the Goods decreased noticeably due to the lapse of time to the extent that they cannot be resold.
15.2.4. If it is possible to duplicate Goods of the same performance, and the packaging of the original Goods was damaged.
16. Effect of withdrawal of subscription
16.1. If the Company received the returned Goods from Customers, it will refund the payment for the Goods within seven (7) business days.
16.2. In making a refund, if Customers paid for the Goods using payment means, such as credit cards or electronic cash, the Company will immediately have the operators that provided such payment means stop or cancel the billing of the charge for the Goods.
16.3. In the case where a subscription is withdrawn, Customers will pay the expenses necessary for returning the supplied Goods. The Company will not impose cancellation charges on Customers or demand compensation because of the withdrawal of a subscription.
16.4. If Customers refuse to receive the Goods, or want them refunded, they must pay the shipping and handling fees (if the first purchase was shipped free of charge, they should pay them both ways, and if Customers prepaid, they should pay for one-way) and the bank remittance fees, and the Company will refund after confirming the return of the Goods.
16.5. If the Goods are returned to sender because Customers were absent or the addressee is unknown, Customers will pay the shipping and handling fees.
16.6. For all returns, Customers must return the prizes and gifts they received as part of a promotional event, and if Customers used the gifts, the Company may deduct the corresponding amount from the refund. However, it will be otherwise if the Goods are returned for a reason attributable to the Company.
17. Personal information protection
17.1. The Company will collect the minimum personal information necessary for providing Services to Customers.
17.2. If the Company collects Customers' personal information according to Paragraph 17.1, it must obtain the consent of Customers according to law.
17.3. Collected personal information cannot be used for purposes other than as agreed or provided to a third party without the prior consent of Customers, and the Company is responsible for ensuring the correct use and retention of personal information. However, exceptions will be made in the following cases.
17.3.1. If the minimum Customer information (name, address and phone number) necessary for shipping is provided to the shipper.
17.3.2. If personal information is provided for statistical analysis, academic research or market research in a form that cannot identify individuals.
17.3.3. If personal information is necessary for making payments in trading Goods
17.3.4. If the law deems it necessary.
17.4. If the Company needs Customers' consent according to Paragraphs 17.2 and 17.3, it must specify or notify in advance what is stipulated in the Personal Information Protection Act and Act on Promotion of Information and Communications Network Utilization and Information, Etc., such as the identification information of the personal information manager (affiliation, name and phone number and other contact information), the purpose of collecting and using information, information provided to a third party (who receives the information, the purpose of providing personal information and a description of the information to be provided), and Customers may withdraw their consent at any time.
17.5. Customers may request that they view their personal information and that errors be corrected at any time, and the Company is obligated to take necessary remedial measures immediately. If Customers request that errors be corrected, the Company will not use such personal information until the errors are corrected.
17.6. The Company is obligated to minimize the number of personal information handlers for the protection of personal information, and if Customers' personal information is lost, stolen, leaked or altered, and thus Customers incur damages for a reason attributable to the Company, the Company will be obligated to compensate Customers for the damages.
17.7. If the purpose of collecting or using personal information is accomplished, the Company or a third party that received such personal information from the Company, will immediately destroy such personal information. However, if they are obligated to retain such information according to law, exceptions will be made.
18. Company's Obligations
18.1. The Company will not conduct any act prohibited by law and this agreement or against public order and public morals. Furthermore, the Company will act to provide goods and Services continuously and stably, as stipulated by this agreement.
18.2. The Company will have a security system installed to protect Customers' personal information (including credit card information) so that Customers can use the Internet service safely.
18.3. If Customers incurred damages because the Company willingly undertook illegal labeling and advertising with regard to goods and Services as described in the Act on Fair Labeling and Advertising, it will be obligated to compensate Customers for such damages.
18.4. The Company will not send for-profit advertising e-mail against the explicit consent of users.
19. Members' Obligations
19.1. Customers should not do any of the following. If Customers do any of the following, the Company may take appropriate measures according to the law, this agreement and the Company's policy.
19.1.1. Registering false information during an application or when making changes
19.1.2. Stealing others' information
19.1.3. Arbitrarily changing the information posted in the Website
19.1.4. Sending or posting information (computer programs, etc.) other than stipulated by the Company.
19.1.5. Infringing on intellectual property rights, such as the Company's or a third party's copyright.
19.1.6. Tarnishing the honour of the Company or a third party, or interfering with their business.
19.1.7. Pretending to be Website operators, employees of the Company or other related persons.
19.1.8. Disclosing or posting obscene or violent messages, images, voices and other information against public order and public morals in the Website.
19.2. Members are responsible for managing their own IDs and passwords.
19.2.1. Members should not allow a third party to use their IDs and passwords.
19.2.2. If Members learn that their IDs and passwords have been stolen or are used by a third party, they must immediately notify this to the Company, and follow the Company's instructions, if any.
19.2.3. The Company will not be responsible for the damages incurred by Members in the event that the Members violate the provisions in Paragraphs 19.2.1 and 19.2.2.
19.3. If Customers apply for membership or change member information, they must provide all information in their real name and based on facts. In the event that Customers register false information or the information of another, they cannot claim any right over damages to or the use thereof.
19.4. Customers must comply with the provisions of this agreement, other provisions stipulated by the Company, announcements of the Company and related laws, and should not do any act that interferes with the Company's business and Website operations, or tarnishes the honour of the Company.
19.5. If their addresses, contact information and e-mail addresses are changed, Customers must immediately notify this to the Company, and the Company will not be held responsible for any disadvantage incurred by Customers owing to the Customers' failure to notify the Company of such change.
19.6. Customers may not use the Company's Services for business activities without the prior approval of the Company, and the Company will not be responsible for the results of such business activities. In addition, if the Company incurred damages due to such activities, Customers will be obligated to compensate the Company for such damages, and the Company may restrict such Customers' use of Services and go through an appropriate procedure to demand compensation.
20. Responsibility for website connection, etc.
20.1. The Company may link other sites to the Website using hyperlinks (hyperlinks include characters, illustrations and videos).
20.2. If the Company clearly states that it will not be obligated to guarantee the transactions with Customers based on the Goods provided independently by other sites linked to the Website on the initial screen of the Website or in a popup screen when Customers are connected to the Website, it will not be obligated to guarantee such transactions.
21. Ownership of intellectual property rights and restriction of use
21.1. The ownership of, copyright and intellectual property right to the works of the Company will belong to the Company.
21.2. Customers should not use for profit or allow a third party use the information they acquired using the Website, whose intellectual property rights belong to the Company, by duplicating, transmitting, publishing, distributing, broadcasting or doing something else without the prior approval of the Company.
21.3. If Customers' postings violate laws, hurt public order and public morals, violate the operating policy of the Website, or infringe on the rights of a third party, the Company may take necessary remedial measures, such as deleting such postings from the Website.
22. Provision of Information
22.1. The Company may provide various kinds of information recognized as necessary for Customers' service use by e-mail or postal mail to Members with their consent.
22.2. The Company may demand additional personal information with the consent of Customers for the purpose of improving Services and introducing Services to Customers.
23. Resolution of disputes
23.1. The Company will handle Customers' complaints and opinions. However, if it is difficult to handle them quickly, it must immediately notify the reason for this and the schedule for doing so to Customers.
24. Jurisdiction and governing laws
24.1. All matters concerning the interpretation, effectiveness and implementation of this agreement and disputes related therewith will be governed by the laws of the Republic of Singapore.