• 5. With respect to any matter not provided in these Terms of Use or any interpretation of these Terms of Use, the Act on Consumer Protection in Electronic Commerce Transactions, etc., the Regulation of Standardized Contracts Act, the guidelines and relevant laws for consumer protection in electronic commerce transactions, etc. prescribed by the Fair Trade Commission, or commercial practices shall be applicable.

2. In the event that goods or services are sold out or there is a change in the technical specifications, the NOHJ Online Store may change the content of goods or services to be provided by agreements entered into in the future. In this case, it shall immediately publicly announce the current content of goods or services on the posted place by specifying the content of the changed goods or services and the date of provision thereof.

3. Where the content of the services for which the NOHJ Online Store has entered into an agreement with a user to provide is changed because goods or services are sold out or there is a change in the technical specifications, the NOHJ Online Store shall immediately give a relevant ground to an address that may be notified to the user.

4. In the prior Section, the NOHJ Online Store shall compensate for damages incurred to users as a result. However, an exception shall be made where the NOHJ Online Store proves the absence of willfulness or negligence on its part.

Article 5 (Suspension of Services)

1. The NOHJ Online Store may temporarily suspend its provision of services where there is a ground of maintenance, replacement, breakdown, or transmission interruption of information communication facilities including computers.

2. The NOHJ Online Store shall compensate for damages incurred to users or third parties as a result of its temporary suspension of provision of services on a ground in Section 1; provided, however, that an exception shall be made where the NOHJ Online Store proves the absence of willfulness or negligence on its part.

3. In the event that the NOHJ Online Store is unable to provide services on a ground of conversion of business items, renunciation of businesses, a combination between companies, etc., it shall notify users thereof in a way specified in Article 9 and compensate consumers according to the conditions presented by the NOHJ Online Store; provided, however, that where the NOHJ Online Store does not give a notice of the criteria for compensation, etc., it shall give users relevant mileage or accumulated amounts, etc. with tangible objects or in cash amounts equal to the currency values used at the NOHJ Online Store.

Article 6 (Membership Subscription)

1. A user may apply for membership subscription by entering member information in a form of subscription designated by the NOHJ Online Store and then manifesting his or her intention to consent to these Terms of Use.

2. The NOHJ Online Store shall register as members the users not falling under each of the following items out of the users who have applied for membership subscription in Section 1:

① Where an applicant for membership has lost his or her membership status under Article 7 Section 3 of these Terms of Use (however, an exception shall be made where three (3) years has passed after a person had lost his or her membership status under Article 7 Section 3, and the person has obtained approval for membership re-subscription);

② Where an applicant for membership has entered false information, failed to enter relevant information, or entered incorrect information in the registration information;

③ Where the NOHJ Online Store otherwise finds it seriously difficult to register an applicant for membership due to its technical conditions; and

④ The services under agreements for membership subscription or electronic commerce transactions shall be provided only to persons over fourteen (14) years old (If a child under fourteen (14) years old seeks to subscribe to membership or purchase products, he or she shall obtain a prior written consent from his or her legal representative pursuant to the provisions of Article 13 Section 3 of the Act on Consumer Protection in Electronic Commerce Transactions, etc. and Article 5 Section 1 of the Civil Act)

3. An agreement for membership subscription shall be formed when approval by the NOHJ Online Store arrives to a relevant member.

4. In the event that there is a change in a member’s registration information under Article 16 Section 1, the member shall immediately notify the NOHJ Online Store of the change(s) by e-mail or in any other way.

Article 7 (Withdrawal from Membership and Disqualification, etc.)

1. Any member may at any time request the NOHJ Online Store to withdraw from his or her membership, and the NOHJ Online Store shall immediately handle the request for withdrawal from membership; provided, however, that where a member withdraws from membership in each of the following cases, the procedures specified below shall be required and a user’s withdrawal from membership may be restricted:

① Where a member unlawfully or expediently receives economic profits for discount coupons, event benefits, etc. provided by the NOHJ Online Store, such as repeatedly terminating membership at will, engages in unlawful or expedient activities in misappropriating names, etc., or requests the NOHJ Online Store to withdraw from his or her membership for such a wrongful purpose to prevent wrongful uses, such as issue or use of coupons by membership re-subscription after withdrawal from membership, the NOHJ Online Store shall handle the request for withdrawal from membership after cancellation orders; or

② Where relevant deposits or accumulated amounts for conversion of securities usable only at the NOHJ Online Store are less than a certain amount, upon request for withdrawal from membership by a member, the deposits or accumulated amounts for conversion of securities may cease to exist. Therefore, in this case, the NOHJ Online Store shall handle the member’s request for withdrawal from membership by verifying his or her intention in advance.

2. Where a member falls under each of the following cases, the NOHJ Online Store may restrict or discontinue his or her membership status:

① Where a member has registered false information in applying for membership subscription;

② Where a member did not pay relevant amounts for goods, etc. that he or she had purchased by using the NOHJ Online Store, or any other amounts payable by the member with respect to the use of the NOHJ Online Store;

③ Where a member endangers orders in electronic commerce transactions by obstructing other users’ use of the NOHJ Online Store or misappropriating the information, etc.;

④ Where a member engages in activities prohibited under the laws or these Terms of Use or against good public morals by using the NOHJ Online Store; or

⑤ Where a member engages in the activities specified in Article 7 Section 1 Subparagraph ①.

⑥ Where a member uses his or her membership service in an unlawful manner or for an unlawful purpose;

⑦ Where a member habitually cancels his/her purchase or returns the used product or asks for compensation for products or services without any defect;

⑧ Where a member habitually asks for compensation that exceeds the standards set out in 『Criteria for the Resolution of Consumer Disputes』without any justifiable reason.

⑨ Where a member spreads false information relating to the NOHJ Online Store

⑩ Where a member uses violence or abusive language to staffs in the process of using the NOHJ Online Store.

⑪ Where there is a justifiable reason to limit or disqualify his/her Membership

3. After the NOHJ Online Store has restricted or discontinued a member’s membership status, where the member repeatedly engages in the same activities not less than twice, or fails to take a relevant corrective measure within thirty (30) days, the NOHJ Online Store may forfeit his or her membership status.

4. Where the NOHJ Online Store forfeits a member’s membership status, it shall erase the membership registration record. In this case, it shall be notified to the member, and the member shall be given an opportunity to explain a relevant ground by designating at least not less than thirty (30) days before erasing the membership registration record.

5. A member, whose membership record has been erased under this section 4 of this article, may be prohibited from re-registration of Membership.

Article 8 (Notification to Members)

1. Where the NOHJ Online Store gives a notice to a member, it may do so by using the e-mail addresses previously agreed upon by the member with the NOHJ Online Store.

2. Where the NOHJ Online Store gives a notice to unspecified and many members, it may post the notice on the bulletin board of the NOHJ Online Store for not less than one (1) week instead of giving individual notices to the members. Provided, however, that the NOHJ Online Store shall give an individual notice to a member if a relevant notice may have a significant effect on the member’s own transactions.

Article 9 (Refunds)

1. When the NOHJ Online Store may not be able to deliver or provide the goods applied for purchase by a user because the goods are sold out, etc., it shall without delay give the user a notice of the ground(s), and if the NOHJ Online Store has previously received amounts for goods, etc., it shall give a refund or take measures necessary to give a refund within two (2) business days from the date of its receipt of the amounts.

2. Where the total amounts of goods to be exchanged or refunded are in excess of $600, refunds or exchanges may be provided only in the following cases:

① Where a user directly makes a request for exchange or refunds directly through an international mail from a foreign country; or

② Where a user has declared relevant goods to the customs office upon arrival and the goods were brought to the customs office.

3. In each of the following cases, a user may cancel its order within three (3) months after his or her receipt of the goods or within thirty (30) days after the date when he or she knew or should have known it:

① Where the shipped goods are different from the content of a relevant order or the information provided by the Shilla Internet Duty Free Shop;

② Where the shipped goods are not conforming; or

③ Where the goods have not been delivered to a purchaser on the date of departure (in this case, there shall not be restrictions on the cancellationperiod).

Article 10 (Withdrawal of Offers, etc.)

1. A user who has entered into an agreement for purchase of goods, etc. with the NOHJ Online Store may withdraw his or her offer within thirty (30) days from the date of its receipt of goods.

2. Where a user has received the goods, etc., in each of the following cases, he or she may not return or exchange the goods:

① Where the goods were lost or damaged by the user’s fault (however, the user may withdraw his or her offer where the user has caused damages packing, etc. in order to verify the content of the goods, etc.);

② Where the value of the goods, etc. has been substantially reduced by use or partial consumption by the user;

③ Where the value of the goods, etc. has been substantially reduced to the extent that it is difficult to resell the goods, etc. because of the passage of time;

④ Where if it is possible to reproduce the goods with the goods of the same functions, the user has caused damages to packing of the original goods, etc.; or

3. As for Section 2 Subparagraph 2 or 4, if the Shilla Internet Duty Free Shop does not in advance specify the restrictions on withdrawal of offers, etc. or take measures to provide trial products, etc., a user’s withdrawal of offers, etc. shall not be restricted.

Article 11 (Consequences of Withdrawal of Officers, etc.)

1. Where a user has returned the goods, etc. to the NOHJ Online Store, the NOHJ Online Store shall give the user a refund of the prior payments for the goods, etc. within three (3) business days. In this case, when the NOHJ Online Store delays in giving a relevant user refunds for the goods, etc., it shall pay the user an interest for delay calculated by multiplying the delay period by a delay interest rate prescribed by the Enforcement Decree of the Act on Consumer Protection in Electronic Commerce Transactions, etc.

2. Where the NOHJ Online Store gives refunds for the payments, if a user has made a payment for the goods, etc. by payment means of credit card or electronic currency, etc., the NOHJ Online Store shall without delay request the agency providing the payment means to discontinue or cancel the request for payment for the goods, etc.

3. As for withdrawal of offers, etc. a relevant user shall pay costs necessary to give refunds for the goods, etc. The NOHJ Online Store shall not request a user to provide a penalty amount or compensate for damages on the ground of the user’s withdrawal of offer, etc.; provided, however, that where the content of the goods, etc. is different from the content of labeling or advertising or a user withdraws his or her office differently from the agreements, the NOHJ Online Store shall pay costs necessary to give refunds for the goods, etc.

4. Where a user has paid shipping costs in receiving the goods, etc., the NOHJ Online Store shall clearly indicate who is required to pay the costs when the user withdraws his or her offer, to ensure that the user can easily see the indication.

Article 12 (Duties of the NOHJ Online Store)

1. The NOHJ Online Store shall not engage in any activity prohibited under the laws or these Terms of Use or against good public orders and morals, and use its best efforts to provide goods or services continuously and stably as set forth in these Terms of Use.

2. The NOHJ Online Store shall have a security system to protect users’ personal information (including credit information) in order to ensure that users can safely use the Internet services.

3. When the NOHJ Online Store causes damagers to users by engaging in unreasonable labeling or advertising activities as prescribed in Article 3 of the Fair Labeling and Advertising Act with respect to goods or services, it shall compensate for damages.

4. The NOHJ Online Store shall not send advertising e-mails for profitable purposes that users do not want to receive.

Article 13 (Duties of Members for ID and Password)

11. Members shall be responsible for managing their IDs and passwords except for the case of Article 18.

12. Members shall not cause a third party to use their IDs and passwords.

13. Where a member has become aware that his or her ID or password was stolen or is being used by a third party, he or she shall immediately notify the NOHJ Online Store thereof, and if there is a direction by the NOHJ Online Store, he or she shall comply with the direction(s).

14. Where a member has subscribed to membership through a social network service, when his or her ID or password is disclosed, the NOHJ Online Store shall not be held liable for any guarantee on a relevant transaction unless the NOHJ Online Store is at fault.

Article 14 (Duties of Users)

Users shall not engage in any of the following activities:

1. Registering false information in applying for membership or changing relevant information;

2. Misappropriating information of third parties;

3. Changing information posted on the NOHJ Online Store;

4. Sending or posting information (computer programs, etc.) other than the information specified by the NOHJ Online Store;

5. Infringing upon intellectual property rights of the NOHJ Online Store or other third parties, such as copyrights;

6. Undermining reputations or obstructing works for the NOHJ Online Store or other third parties; or

7. Disclosing or posting on the mall any obscene or violent messages, videos, voices, or any other information against good public orders and morals.

Article 15 (Ownership of Copyrights and Restrictions on Use)

1. The NOHJ Online Store shall have the ownership to copyrights on the works prepared by the NOHJ Online Store and any other intellectual property rights.

2. Users shall not reproduce, send, publish, distribute, broadcast, or use for profitable purposes in any other way, or case a third party to use the information to which the NOHJ Online Store has intellectual property rights out of the information they have obtained in using the NOHJ Online Store, without prior approval by the NOHJ Online Store.