Article 1, Purpose
The purpose of these terms and conditions is to define the rights, obligations, and responsibilities of CGS Co., Ltd. (hereinafter referred to as “CGS”) and its users in relation to the use of internet services provided by CGS through its online store, flowerintheashes.com (hereinafter referred to as “CGS”). These terms and conditions also apply to electronic commerce conducted via PC communication, wireless communication, and other methods, as long as they do not conflict with the nature of these services.
Article 2, Definitions
- 1“CGS” refers to a virtual business platform set up by CGS Co., Ltd., through which goods or services (hereinafter referred to as “goods, etc.”) are traded using computers and other information and communication equipment, and it is also used to refer to the business operator managing the online store.
- 2“User” refers to any individual who accesses CGS and uses the services provided by CGS according to these terms and conditions.
Article 3, Notification, Explanation, and Amendment of the Terms
- 1CGS shall post the contents of these terms and conditions, along with the company’s name, representative’s name, business address (including the address where customer complaints can be processed), telephone number, fax number, email address, business registration number, e-commerce registration number, and personal information protection officer, on the initial screen of its online store so that users can easily access them. The content of the terms may be made available through a linked page.
- 2Before users agree to the terms, CGS must provide a separate linked page or pop-up screen to ensure that users understand key clauses, such as withdrawal rights, shipping responsibilities, and refund conditions.
- 3CGS may amend these terms and conditions within the limits of applicable laws such as the “Act on Consumer Protection in Electronic Commerce,” the “Act on Regulation of Terms and Conditions,” the “Basic Act on Electronic Commerce,” the “Electronic Financial Transactions Act,” the “Electronic Signature Act,” the “Act on Promotion of Information and Communications Network Utilization and Information Protection,” the “Door-to-Door Sales Act,” and the “Consumer Basic Act.”
- 4In the event of an amendment, CGS shall clearly indicate the reason for the amendment and the effective date, and post the revised and current terms together on the initial screen of the online store at least 7 days before the amendment takes effect. However, if the amendment is unfavorable to users, CGS will provide a minimum 30-day notice. In such cases, the revised terms shall be displayed in a clear and easy-to-understand comparison format.
- 5If CGS amends these terms, the amended terms will only apply to contracts concluded after the effective date, and the terms in effect prior to the amendment will apply to previously concluded contracts. However, if a user notifies CGS within the notice period of their desire to apply the amended terms to their existing contract, and CGS agrees, the amended terms will apply.
- 6Matters not specified in these terms and the interpretation thereof shall be governed by the “Act on Consumer Protection in Electronic Commerce,” the “Act on Regulation of Terms and Conditions,” guidelines for consumer protection in electronic commerce established by the Fair Trade Commission, and relevant laws or established practices.
Article 4, Provision and Modification of Services
- 1CGS provides the following services:
- Information on goods or services and conclusion of purchase contracts
- Delivery of goods or services for which purchase contracts are concluded
- Other services determined by CGS
- 2In the event of a shortage of goods or changes in technical specifications, CGS may modify the content of goods or services provided in future contracts. In such cases, CGS will immediately notify users by posting the updated content of the goods or services and the date of provision at the location where the current content is posted.
- 3If the content of services that CGS has agreed to provide to users is changed due to reasons such as product shortages or changes in technical specifications, CGS will immediately notify users via the contact information provided.
- 4In the event of changes as mentioned above, CGS shall compensate users for any damages incurred. However, CGS will not be held liable if it can prove that it was not at fault or negligent.
Article 5, Suspension of Services
- 1CGS may temporarily suspend service provision due to reasons such as maintenance, replacement, or malfunction of computer or information and communication systems, or interruption of communication.
- 2In the event of a temporary service suspension as mentioned in the previous paragraph, CGS will compensate users or third parties for any damages incurred. However, CGS will not be held liable if it can prove that it was not at fault or negligent.
- 3If CGS is unable to continue providing services due to reasons such as a change in business focus, cessation of business, or integration with other companies, CGS will notify users as described in Article 8 and compensate them according to the terms initially presented by CGS. If CGS does not specify a compensation standard, users’ mileage or points shall be paid in cash or goods equivalent to their value in the CGS system.
Article 6, Purchase Application
- 1Users can apply for a purchase on CGS through the following or similar methods, and CGS must provide users with the following information in a clear manner when applying for a purchase:
- Selection of goods
- Entry of recipient’s name, address, phone number, email address (or mobile phone number), etc.
- Confirmation of the terms, including withdrawal rights, shipping fees, installation costs, and other related charges
- Indication of agreement to these terms and confirmation or rejection of the above items (e.g., by clicking a checkbox)
- Submission of the purchase application and confirmation of the application or agreement to the confirmation from CGS
- Selection of payment method
- 2If CGS needs to provide or entrust the personal information of a purchaser to a third party, it must obtain the purchaser’s consent at the time of the actual purchase. CGS may not obtain blanket consent in advance. At this time, CGS must specify the items of personal information to be provided, the recipient, the purpose of use, and the retention and usage period. However, if otherwise provided by relevant laws, such as Article 25(1) of the “Act on Promotion of Information and Communications Network Utilization and Information Protection,” CGS may follow such provisions.
Article 7, Formation of the Contract
- 1CGS may not accept a purchase request as specified in Article 9 if it falls under any of the following categories. However, if a contract is formed with a minor without the consent of their legal guardian, the minor or the legal guardian may cancel the contract, and CGS must notify them of this:
- If there is any false information, omission, or error in the application.
- If the minor is purchasing goods or services such as tobacco or alcohol that are prohibited under the Youth Protection Act.
- If CGS deems that accepting the purchase request would cause significant technical difficulties.
- 2The contract is deemed to be formed when CGS’s acceptance of the purchase request is communicated to the user in the form of a receipt confirmation notification under Article 9(1).
- 3CGS’s notification of acceptance must include information such as confirmation of the user’s purchase request, availability of the goods, and details regarding any modification or cancellation of the purchase request.
Article 8, Payment Methods
Payment for goods or services purchased from CGS may be made using one of the following methods. CGS shall not impose any additional fees on the user’s payment method for the goods:
- Prepaid card, debit card, credit card, or other forms of card payments.
Article 9, Receipt Confirmation Notification, Modification, and Cancellation of Purchase Requests
- 1When a user submits a purchase request, CGS will send a receipt confirmation notification to the user.
- 2Upon receiving the receipt confirmation notification, the user may request a modification or cancellation of the purchase request if there is any discrepancy or disagreement with the request. CGS must process the request promptly if it is received before the goods are shipped. However, if payment has already been made, the provisions regarding withdrawal of subscription under Article 15 will apply.
Article 10, Supply of Goods, etc.
- 1Unless otherwise agreed upon, CGS will take the necessary steps, such as production and packaging, to ship the goods within 7 days from the day the user submitted the request. However, if CGS has already received all or part of the payment, the necessary steps will be taken within 3 business days from the date of payment receipt. During this time, CGS will ensure that the user can check the status of the supply process.
- 2CGS must specify the delivery methods, the party responsible for delivery costs, and the delivery period for the goods purchased by the user. If CGS exceeds the agreed delivery period, it must compensate the user for any damages caused. However, this does not apply if CGS can prove that there was no fault or negligence on its part.
Article 11, Refunds
If CGS is unable to deliver or provide the goods requested by the user due to reasons such as the unavailability of the goods, CGS will promptly notify the user of the reason and, if payment was made in advance, refund the payment within 3 business days or take the necessary steps for the refund.
Article 12, Withdrawal of Subscription, etc.
- 1Users who have entered into a contract for the purchase of goods with CGS may withdraw their subscription within 7 days of receiving the written contract details as stipulated under Article 13(2) of the “Act on the Consumer Protection in Electronic Commerce, etc.” If the supply of goods occurs after receiving the contract details, the withdrawal period starts from the day the goods were delivered. However, if there are other provisions under the “Act on the Consumer Protection in Electronic Commerce, etc.” regarding withdrawal, those provisions will take precedence.
- 2Users may not return or exchange goods in the following cases:
- If the goods are damaged or lost due to reasons attributable to the user (except if the packaging was damaged to check the contents of the goods).
- If the value of the goods has significantly decreased due to the user’s use or partial consumption.
- If the value of the goods has significantly decreased to the extent that resale is difficult due to the passage of time.
- If the packaging of goods that can be replicated with the same performance has been damaged.
- 3In cases where CGS has not clearly notified users of the restrictions on withdrawal of subscription or provided a trial product, users’ right to withdraw the subscription will not be limited by the provisions of Paragraph 2(2) or (4).
- 4Notwithstanding Paragraphs 1 and 2, if the goods are not as advertised or differ from the contract terms, users may withdraw their subscription within 3 months from the date they received the goods or within 30 days from the date they became aware of the issue.
Article 13, Effects of Withdrawal of Subscription, etc.
- 1Upon receiving the returned goods from the user, CGS will refund the payment received for the goods within 3 business days. In the case of a delay in the refund, CGS will pay delay interest calculated by multiplying the delay period by the interest rate specified in Article 21-2 of the Enforcement Decree of the “Act on the Consumer Protection in Electronic Commerce, etc.”
- 2When refunding the payment, if the user paid for the goods using a credit card or electronic money, CGS will promptly request the service provider of the payment method to stop or cancel the billing for the goods.
- 3In cases of withdrawal of subscription, the costs necessary for returning the received goods shall be borne by the user. CGS will not charge any penalty or damages to the user for withdrawing the subscription. However, if the goods differ from the advertised content or are not delivered according to the contract terms, CGS will bear the costs necessary for the return of the goods.
- 4If the user paid for shipping when receiving the goods, CGS will clearly indicate who will bear the cost of shipping upon withdrawal of subscription.
Article 14, Protection of Personal Information
- 1CGS collects the minimum necessary personal information from users for the purpose of providing services when collecting personal information.
- 2CGS does not collect information necessary for the fulfillment of purchase contracts in advance. However, this does not apply if the collection of specific minimum personal information is necessary for compliance with legal obligations before the purchase contract.
- 3When collecting and using users’ personal information, CGS will notify the user of the purpose and obtain their consent.
- 4CGS may not use the collected personal information for purposes other than those specified, and if a new purpose arises or if information is to be provided to a third party, CGS will notify the user of the purpose at the time of use and obtain consent. However, this does not apply if otherwise provided by relevant laws.
- 5If CGS needs to obtain the user’s consent under Paragraphs 2 and 3, it must specify or notify the user in advance of the identity of the person in charge of personal information protection (affiliation, name, and contact information), the purpose of collecting and using the information, and information related to providing information to third parties (the recipient, the purpose of provision, and the contents of the information to be provided) as stipulated in Article 22(2) of the “Act on the Promotion of Information and Communications Network Utilization and Information Protection, etc.” The user may withdraw this consent at any time.
- 6Users may request access to and correction of their personal information held by CGS at any time, and CGS has an obligation to take necessary measures without delay. If the user requests a correction of errors, CGS will not use that personal information until the correction is made.
- 7CGS shall limit the number of individuals handling personal information to the minimum necessary for the protection of personal information and shall be fully responsible for any damages incurred by the user due to loss, theft, leakage, unauthorized provision to third parties, or alteration of the user’s personal information, including credit card and bank account information.
- 8CGS or any third party that receives personal information from CGS shall destroy the personal information without delay once the purpose of collection or provision has been achieved.
- 9CGS shall not pre-select consent for the collection/use/provision of personal information. Additionally, CGS will clearly specify the services that will be restricted if the user refuses consent for the collection/use/provision of personal information, and will not restrict or refuse service provision solely based on the user’s refusal of consent for non-essential personal information collection/use/provision.
Article 15, Obligations of CGS
- 1 CGS shall not engage in acts prohibited by laws and regulations or contrary to public order and morals and shall make every effort to provide goods and services continuously and reliably in accordance with these terms and conditions.
- 2CGS must establish a security system to protect users’ personal information (including credit information) to ensure safe internet service usage.
- 3CGS shall be liable to compensate users for damages incurred due to unfair representation and advertising practices as specified in Article 3 of the “Act on Fair Labeling and Advertising” concerning goods or services.
- 4CGS shall not send unsolicited commercial electronic mail to users.
Article 16, Obligations of Users
Users shall not engage in the following acts:
- 1Registration of false information during application or modification.
- 2Theft of another person’s information.
- 3Modification of information posted on CGS.
- 4Transmission or posting of information (including computer programs) other than the information specified by CGS.
- 5Infringement of CGS or third parties’ copyrights or other intellectual property rights.
- 6Acts that damage the reputation of CGS or third parties or obstruct their business.
- 7Publicly posting or disseminating obscene or violent messages, images, sounds, or other information that violates public order and morals.
Article 17, Relationship Between Connected CGS and Subordinate CGS
- 1When the upper CGS and the lower CGS are connected through a hyperlink (e.g., hyperlinks may include text, images, and video), the former is referred to as the connected CGS (website) and the latter as the subordinate CGS (website).
- 2The connected CGS shall not be liable for transactions made between the user and the subordinate CGS regarding goods, etc., unless this liability is clearly stated on the initial screen of the connected CGS or in a popup screen at the time of connection.
Article 18, Copyright Ownership and Use Restrictions
- 1Copyright and other intellectual property rights for works created by CGS belong to CGS.
- 2Users shall not use information for commercial purposes that is subject to CGS’s intellectual property rights obtained through the use of CGS, without prior consent from CGS, including reproduction, transmission, publication, distribution, and broadcasting.
- 3If CGS uses copyrights belonging to the user under an agreement, CGS must notify the user.
Article 19, Dispute Resolution
- 1CGS shall establish and operate a compensation processing organization to reflect legitimate opinions or complaints raised by users and to process compensation for damages.
- 2CGS shall prioritize the handling of complaints and opinions submitted by users. However, if prompt processing is difficult, CGS shall notify the user immediately of the reason and processing schedule.
- 3In the event of a request for damage relief related to electronic commerce disputes arising between CGS and users, the matter may be subject to mediation by the Fair Trade Commission or the dispute mediation agency commissioned by the mayor or governor.
Article 20, Jurisdiction and Governing Law
- 1Lawsuits concerning electronic commerce disputes arising between CGS and users shall be under the jurisdiction of the local court that has jurisdiction over the user’s address at the time of filing. If there is no address, the case shall be filed at the local court that has jurisdiction over the user’s residence. However, if the user’s address or residence is unclear at the time of filing, or if the user resides abroad, the case will be filed in the court with jurisdiction under the Civil Procedure Act.
- 2The laws of Korea shall apply to electronic commerce lawsuits filed between CGS and users.
