Terms and Conditions
1. Introductory provisions
1.1. These Business Terms and Conditions (the Business Terms and Conditions) of DM.Cell Cosmetics, Headquartered in 412 Dogok-dong, Gangnam-gu, Seoul, Korea, Registeration Number:2208842960 govern the reciprocal rights and obligations of the parties arising out of or in connection with a purchase contract (the "Purchase Agreement") concluded between the Seller and another individual (the "Buyer") via the Seller's Internet Store. The online store is operated on a web site located at the web site (hereinafter referred to as the "website") through the web interface (hereinafter referred to as the "web interface").
1.2. Business terms do not apply to cases where a person intending to buy the goods from a seller is a legal person or a person who acts when ordering goods in the course of their business activities or as part of their independent profession.
1.3 Provisions other than business terms may be negotiated in the purchase contract. Different arrangements in a purchase contract take precedence over the terms of the business terms.
1.4. Business terms and conditions are an integral part of the purchase contract. Purchase Agreement and Terms of Business are in Korean. The purchase contract can be concluded in the Korean language.
1.5. The sales terms may be changed or supplemented by the seller. This provision is without prejudice to rights and obligations arising during the period of validity of the previous version of the terms and conditions.
2. USER ACCOUNT
2.1. Based on the buyer's registration made on the website, buyers can access their user interface. From its user interface, the buyer can execute the ordering of goods (hereinafter referred to as the "user account"). If the web interface allows the store, the buyer can also order the goods without registering directly from the store's web interface.
2.2 When registering on a web site and when ordering a merchandise, the buyer is required to provide all the information correctly and truthfully. The details given in the user account are obligatory for the buyer to update upon any change. The details given by the purchaser in the user account and the ordering of the goods are considered by the seller to be correct.
2.3 Access to the user account is secured by username and password. Buyer is required to maintain confidentiality regarding the information required to access his user account.
2.4 The buyer is not authorized to allow third parties to use the user account.
2.5. The seller may cancel the user account, especially if the buyer does not use his user account for longer than when the buyer breaches his obligations under the purchase contract (including business terms).
2.6 The buyer notes that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software equipment of the vendor, necessary maintenance of hardware and software equipment of third parties.
3. Closing the purchase contract
3.1. All the presentation of the goods placed in the web interface of the store is informative and the seller is not obliged to enter into a purchase contract for these goods.
3.2 The store's web interface contains information about the item, including the prices of individual goods. The prices of goods are listed including value added tax and all related fees. Product prices remain valid for as long as they are displayed in the store's web interface. This provision does not limit the seller's ability to enter into a contract of sale on individually negotiated terms.
3.3 The store's web interface also includes information on the costs associated with the packaging and delivery of goods.
3.4. To order the goods, the buyer will fill out an order form in the store's web interface containing:
3.4.1. ordered goods (the ordered goods "insert" the buyer into the electronic shopping cart of the web interface of the store),
3.4.2. the method of payment of the purchase price of the goods, details of the requested method of delivery of ordered goods and
3.4.3. information on the costs associated with the delivery of the goods (collectively referred to as "the order").
3.5. Before sending an order to the seller, it is possible for the buyer to check and modify the data that the buyer has placed in the order, also with regard to the buyer's ability to identify and correct the errors that occurred when entering the data into the order. An order will be sent by the buyer to the seller by clicking the "" button. The details given in the order are considered correct by the seller.
3.6. Sending an order is considered to be such an act by the buyer who undoubtedly identifies the goods ordered, the purchase price, the buyer's person, the method of payment of the purchase price.
3.7. After receipt of the order, the seller will acknowledge receipt of this receipt to the buyer by e-mail, to the buyer's email address listed in the user interface or in the order (hereinafter the "buyer's email address").
3.8 The seller is entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the buyer for an additional order confirmation (for example, in writing or by telephone).
3.9 The draft Purchase Order in the form of an order is valid for 30 days.
3.10 The contractual relationship between the seller and the buyer arises from the delivery of the order (acceptance) received by the seller to the buyer by e-mail to the buyer's e-mail address.
3.11. If any of the requirements specified in the order can not be met by the seller, it will send the buyer to the buyer's electronic address an amended offer, indicating a possible variation of the order and requesting the buyer's opinion.
3.12. The revised bid is considered as a new draft purchase contract and the purchase agreement is then closed when the buyer accepts via e-mail.
3.13. The buyer agrees to use remote means of communication when entering into a purchase contract. Costs incurred by the buyer when using remote means of communication in connection with the conclusion of a purchase contract (Internet connection costs, telephone call costs) are borne by the buyer himself, which does not differ from the basic rate.
4. COST OF THE GOODS AND PLACING CONDITIONS
4.1. The buyer may reimburse the buyer for the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:
4.1.1. cashless via the Paypal payment system
4.1.2. non-cash payment card
4.2 Together with the purchase price, the buyer is also required to pay the seller the cost of packing and delivering the goods at the agreed rate. Unless stated otherwise, the purchase price also includes costs associated with the delivery of the goods.
4.3 The seller does not ask the buyer for a deposit or other similar payment.
4.4 In the case of a non-cash payment, the purchase price is payable immediately after the purchase contract has been concluded.
4.5 In the case of a non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of a non-cash payment, the buyer's obligation is to pay the purchase price at the moment of crediting the respective amount to the seller's account.
4.6 Any discounts on the price of goods provided by the seller to the buyer can not be combined.
4.7 If it is customary in the course of trade or if it is established by generally binding legal regulations, the seller shall issue a tax invoice - invoice to the buyer in respect of payments made under a purchase contract. Seller selling value added tax. Tax document - Issuance of the invoice to the buyer after payment of the price of the goods and sending it in electronic form to the buyer's electronic address.
5. Withdrawal from the purchase contract
5.1 The buyer notes that, under the Civil Code, it is not possible to withdraw from the purchase contract:
5.1.1. the supply of goods the price of which depends on the financial market displacements, irrespective of the seller's wish and which may occur during the withdrawal period,
5.1.2. on the supply of alcoholic beverages which can be delivered only after thirty days and whose price depends on financial market displacements independent of the seller's will,
5.1.3. the delivery of goods which has been modified according to the buyer's wish or for his person
5.1.4. the supply of goods subject to rapid misdemeanor, as well as goods which have been irretrievably mixed with other goods after delivery,
5.1.5. the supply of goods in a sealed package which the buyer has removed from the packaging and for hygienic reasons it can not be returned,
5.1.6. the delivery of a sound or image recording or a computer program if it has broken its original packaging,
5.1.7. the supply of newspapers, periodicals or magazines,
5.1.8. on delivery of digital content if it has not been delivered on a physical carrier and has been shipped with the prior express consent of the buyer prior to the expiration of the withdrawal period and the seller has informed the buyer before the conclusion of the contract that he does not have the right to withdraw from the contract in such a case.
5.2 If this is not the case referred to in Art. 5.1 or in another case where it is not possible to withdraw from the purchase contract, the Buyer has the right to withdraw from the purchase contract in accordance with the provisions of the Civil Code, within 14 days of the receipt of the goods, where, in case the purchase contract is several kinds goods or delivery of several parts, this period shall run from the date of the last delivery of the goods. The withdrawal from the sales contract must be sent to the seller within the time limit set in the previous sentence.
5.3 Withdrawal from the purchase contract may be made by the buyer, inter alia, to the address of the seller's premises or place of business. For the notification of withdrawal, the provisions of Art. 11 of these Terms and Conditions.
5.4 In the event of withdrawal from the purchase contract under Art. 5.2 of the trading terms, the purchase contract is canceled from the start. The goods must be returned to the seller within 14 (fourteen) days of the seller's withdrawal. If the buyer withdraws from a purchase contract, the buyer bears the cost of returning the goods to the seller, even if the goods can not be returned for their nature by post.
5.5 In the event of withdrawal from the contract, 5.2 of the Business Terms and Conditions, the Seller shall return the funds received from the Purchaser within 14 (fourteen) days of withdrawal from the Purchase Agreement in the same manner as the Buyer has received from the Buyer. The seller is also entitled to return the performance provided by the buyer upon returning the goods to the buyer or otherwise, if the buyer agrees and does not incur additional costs to the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the money received to the buyer before the buyer returns the goods or shows that they have sent the goods to the seller.
5.6 The Seller is entitled to unilaterally offset against the buyer's claim for a refund of the purchase price.
5.7 Upon receipt of the goods by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the Buyer shall return the purchase price without undue delay to the buyer, without charge, to the account specified by the Buyer.
6. TRANSPORTATION AND SUPPLY OF GOODS
6.1. If the mode of transport is agreed upon by the purchaser, the purchaser bears the risk and possible additional costs associated with this mode of transport.
6.1 If the seller under a purchase contract is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
6.2 If, for reasons of buyer's need, the goods are to be delivered repeatedly or in a manner other than that stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. costs associated with another delivery method.
6.4 When the goods are taken over from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in case of any defects, to notify the carrier immediately. In the event of a violation of the package indicating unauthorized intrusion, the buyer is not required to take delivery of the shipment from the carrier.
7. RIGHTS OF FAULT FULFILLMENT
7.1. The rights and obligations of the parties regarding the rights of erroneous fulfillment are governed by the relevant generally binding rules of the Civil Code
7.2 The seller is responsible for the buyer that the goods have no defects when taken over. In particular, the seller replies to the buyer that at the time the buyer took over the goods:
7.2.1. the goods have properties agreed by the parties and are lacking in the arrangement, it also has properties that the seller or the manufacturer has described or which the buyer expected due to the nature of the goods and their advertising,
7.2.2. the goods are fit for the purpose for which they are used by the seller or to which goods of the same kind are commonly used,
7.2.3. the goods correspond to the quality or the performance of the agreed sample or design if the quality or the transfer was determined according to the agreed sample or original,
7.2.4. the goods are in the appropriate quantity, degree or weight and
7.2.5. the goods comply with the requirements of the legislation.
7.3. The provisions referred to in Art. 7.2 Business terms and conditions shall not apply to goods sold at a lower price for a defect for which the lower price has been agreed for wear and tear of the goods caused by its normal use, for used goods for a defect corresponding to the rate of use or wear and tear of the goods taken over by the buyer results from the nature of the goods.
4.7 If a defect occurs within two months of receipt, it is assumed that the goods were defective already at take-over.
7.5. Rights to defective performance are claimed by the buyer at the seller at his / her address, in which acceptance of the claim is possible with regard to the range of goods sold, eventually also at the registered office or place of business. The moment when the claim is made is the moment when the seller has received the goods claimed from the buyer.
7.6. Other rights and obligations of the parties relating to the seller's liability for defects may be modified by the vendor's claim.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. Buyer acquires ownership of the goods by paying the entire purchase price of the goods
8.2 The seller is not bound by any codes of conduct in relation to the buyer in accordance with the provisions of the Civil Code.
8.3. Out-of-court complaint handling of consumers is ensured by the seller via an electronic address. Information about the Buyer's complaint will be sent by the Seller to the buyer's electronic address.
8.4. The seller is authorized to sell goods under a trade license. The trade inspection is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Slovak Trade Inspection carries out, inter alia, the supervision of compliance with the Consumer Protection Act, as amended.
8.5. The buyer thus takes on himself the risk of changing the circumstances within the meaning of § 1765 par. 2 of the Civil Code.
9.1. Buyer's personal data protection, which is a natural / legal person, is provided by law no. 18/2018 Coll. On the Protection of Personal Data, as amended, and in accordance with EU Directive No. 2016/679 - GDPR.
9.2 Buyer agrees to process his / her personal data: name and surname, home address, identification number, tax identification number, e-mail address, telephone number and (collectively, all as "personal data").
9.3. The buyer agrees to the processing of personal data by the seller for the purpose of realizing the rights and obligations of the purchase contract and for the purpose of maintaining the user account. Will not choose If the buyer has any other option, he agrees with the processing of the personal data by the seller also for the purpose of sending information and commercial notices to the buyer. Consent to the processing of personal data in full under this Article is not a condition that would in itself make it impossible to conclude a purchase contract.
9.4. The Buyer acknowledges that he is obliged to state his / her personal details (when registering, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the seller of any change in his / her personal data without undue delay.
9.5. By processing the buyer's personal data, the seller may authorize a third person as a processor. In addition to persons transporting the goods, personal data will not be transferred to third parties without the prior consent of the buyer.
9.6. Personal data will be processed indefinitely. Personal data will be processed electronically in an automated manner or in a printed form in a non-automated manner.
9.7. The buyer confirms that the personal data provided are accurate and that he has been advised that this is a voluntary provision of personal data.
9.8 In the event that the buyer believes that the seller or processor (Article 9.5) carries out the processing of his or her personal data contrary to the protection of the buyer's private and personal life, or in contravention of the law, especially if the personal data are inaccurate with regard to the purpose of their processing, may:
9.8.1. ask the seller or processor for an explanation,
9.8.2. require the seller or processor to remove the resulting condition.
9.9 If the buyer asks for information about the processing of his or her personal data, the seller is obliged to submit this information. The seller is entitled to request a reasonable reimbursement not exceeding the costs necessary to provide information for the provision of information under the preceding sentence.
10. FOLLOW-UP OF BUSINESS ANNOUNCEMENTS AND WRAPPING COOKIES
10.1 Buyer agrees to send information related to the seller's goods, services, or business to the buyer's email address, and further agrees to send the sales announcements to the buyer's email address.
10.2 Buyer agrees to store so-called Cookies on his computer. If the purchase on the website is possible and the seller's obligations under the purchase agreement can be fulfilled, without the so- Cookies to the buyer's computer, the buyer may withdraw the consent under the preceding sentence at any time.
11.1. A notice concerning the relationship between the seller and the buyer, particularly regarding the withdrawal from the purchase contract, must be delivered by post in the form of a registered letter, unless otherwise specified in the sales contract. The notice shall be delivered to the relevant contact address of the other party and shall be deemed to have been delivered and effective at the time of their delivery by post, with the exception of the cancellation notice made by the buyer when the withdrawal is effective if notice is given by the buyer within the withdrawal period.
11.2. A notification is deemed to have been delivered, the receipt of which was rejected by the addressee, which was not highlighted at the time of the deposit or returned as undeliverable.
11.3. The parties may send regular correspondence by electronic mail, to the e-mail address indicated in the buyer's user account or specified by the buyer in the order, respectively. to the address given on the seller's website.
12. Final provisions
12.1. If a relationship based on a contract of sale contains an international (foreign) element, then the parties agree that the relationship is governed by Korean law. This does not affect the consumer's rights under generally binding legislation.
12.2 If any of the provisions of the Terms of Business are invalid or ineffective, or if it happens, instead of invalid provisions, a provision will be introduced, the meaning of which is as close as possible to the invalid clause. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions. Changes to the purchase agreement or business conditions require a written form.
12.3. The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.
12.4. The attachment to the terms and conditions is a template form for withdrawal from the purchase contract.
12.5. Contact details of the seller: DM.Cell Cosmetics email@example.com