These terms and conditions refer to the “Company” in using related online services (including mobile and Internet-related services, hereinafter referred to as “Services”) provided by the online site operated by Delykit, LLC. (hereinafter referred to as the “Company”). The purpose is to stipulate the rights, duties and responsibilities of and “user”
Definition of Terms
The definitions of terms used in this agreement are as follows.
- “Site” means a virtual business place set up by the “Company” to provide users with various information, benefits, and goods or services (hereinafter referred to as “goods, etc.”) using information and communication facilities such as computers, TVs and mobile phones. It is also used in the sense of a business operator operating a “site”.
- “User” refers to members and non-members who access the “Site” and receive the services provided by the “Site” in accordance with these Terms and Conditions.
- “Member” refers to a person who has registered as a member by providing personal information to the “Site” and who can continue to use the services provided by the “Site”.
- “Non-member” refers to a person who uses the services provided by the “site” without registering as a member.
Effect and Amendment of Terms and Conditions
- “Site” refers to the contents of these terms and conditions, the name of the representative, the address of the business office (including the address of the place where consumer complaints can be handled), telephone number, copy transmission number, e-mail address, business registration number, Mail-order business report number, personal information manager, etc. are posted on the initial service screen (front) of the ”site” so that users can easily know. However, the contents of the terms and conditions can be viewed by the user through the connection screen.
- “Site” provides a separate connection screen or pop-up screen so that users can understand important contents such as withdrawal of subscription, delivery responsibility, and refund conditions among the contents stipulated in the terms and conditions before the user agrees to the terms and conditions. You must seek confirmation of
- “Site” refers to the 「Consumer Protection Act in Electronic Commerce, etc.」, 「Act on Regulation of Terms and Conditions」, 「Electronic Documents and Electronic Transactions Basic Act」, 「Electronic Financial Transactions Act」, 「Electronic Signature Act」, and 「Information and Communication Network This agreement may be amended to the extent that it does not violate related laws such as the Promotion of Use and Information Protection Act, the Door-to-door Sales Act, and the Basic Consumer Act.
- If the “Site” revises the terms and conditions, the date of application and the reason for the amendment shall be specified and announced on the initial screen of the “Site” along with the current terms and conditions from 7 days before the effective date to the day before the effective date. However, if the terms and conditions are changed against the user, it will be notified with a grace period of at least 30 days in advance. In this case, the “Site” clearly compares the contents before and after the revision and displays them for ease of understanding by users.
- If the “Site” revises the terms and conditions, the revised terms and conditions are applied only to contracts concluded after the effective date, and the terms and conditions before the amendment are applied to contracts already concluded before that date. However, if a user who has already signed a contract sends the intention to receive the application of the revised terms and conditions to the “Site” within the notice period of the revised terms and conditions pursuant to Paragraph 4, the revised terms and conditions will be applied. .
- If the “Site” notifies or notifies the revised terms and conditions to the member within a certain period of time, it is clearly notified or notified that the intention is deemed to have been expressed. If so, it is deemed that the member has agreed to the revised terms and conditions.
- If the member does not agree to the application of the revised terms and conditions, the “Site” cannot apply the contents of the revised terms and conditions, and in this case, the member may terminate the use contract. However, if there are special circumstances in which the existing terms and conditions cannot be applied, the “Site” may terminate the use contract.
- Regarding matters not specified in these Terms and Conditions and the interpretation of these Terms and Conditions, the Act on Consumer Protection in Electronic Commerce, the Act on the Regulation of Terms and Conditions, Consumer Protection Guidelines and Related Laws or Commercial Practices in Electronic Commerce as determined by the Fair Trade Commission. Follow.
Provision and Change of Service
- “Site” performs some or all of the following tasks.
- Provision of information on goods or services
- Signing a purchase contract and delivering the goods or services for which the purchase contract was signed
- Other tasks determined by the “site”
- The “Site” may conduct prizes, points, etc. for members, and other similar events for a short period of time or continuously, and cash set by the company to members (beneficiaries or winners) selected according to the method of event progress, Prizes, points, etc. (hereinafter referred to as’gifts, etc.’) can be provided.
- When the company pays prizes, all expenses, such as tax and utility charges and deposit fees, are borne by the winning member. However, if the company separately notifies the bylaws, it is subject to the applicable conditions.
- Depending on the event method, the actual payment method for the beneficiary or the member selected as a winner is paid according to the method determined by the company, and the company receives the consent of the member and the contents and methods of prizes set by the company according to the company’s situation. You can change it to provide.
- If the beneficiary or the member selected as the winner does not receive the prize for a certain period determined by the company after the selection is confirmed, or if the prize is returned to an unknown address after delivery, it is recognized that the receipt of the prize has been abandoned and payment, etc. can.
- The company may cancel the payment of prizes if the personal information of the beneficiary or the member selected as a winner is revealed to be false or the member does not comply with the relevant bylaws.
- When the company pays the prize, the company may change the prize delivery company set by the company according to the situation of the company and provide it.
- Members cannot transfer prizes to others without prior consent of the company, and cannot provide them as collateral.
- The “Site” may change the content of the goods or services to be provided by contracts to be concluded in the event of a product or service being sold out or technical specifications changed. In this case, the contents of the changed goods or services and the date of provision are specified and immediately notified to the place where the contents of the current goods or services are posted.
- If the contents of the service contracted with the user to be provided by the “Site” are changed due to reasons such as out of stock or change in technical specifications, the reason will be immediately notified to the address where the user can be notified.
- In the case of the preceding paragraph, the “site” compensates the user for damages caused by this. However, this is not the case if the “Site” proves that there is no intention or negligence.
Suspension of Service
- The “Site” may temporarily suspend the provision of services in the event of maintenance, inspection, replacement or breakdown of information and communication facilities such as computers, or disruption of communication.
- The “Site” compensates for damages suffered by users or third parties due to the temporary suspension of the service for the reasons specified in Paragraph 1. However, this is not the case if the “Site” proves that there is no intention or negligence.
- In the event that the service cannot be provided due to the change of business item, abandonment of business, integration between companies, etc., the “Site” may notify the user in the manner specified in provision 8 In this case, the consumer is compensated according to the conditions originally suggested by the “site”. However, if the “Site” does not notify the compensation standards, etc., the “Points” of Provision 17 of the users are paid in kind or in cash equivalent to the currency value used in the “Site”.
6. Member Registration
- The user applies for membership by expressing his or her intention to agree to these terms after filling in member information according to the registration form set by the “Site” or the Delykit Plus integrated member registration form.
- “Site” is registered as a member of the users who apply to join as a member as described in Paragraph 1, unless they fall under any of the following items.
- ① If the applicant for membership has previously lost membership in accordance with Article 7 Paragraph 3 of these Terms and Conditions, however, he or she must approve the membership re-registration of the “Site” as a person who has passed 3 years after the loss of membership under Article 7 Paragraph 3 If obtained, it is an exception.
- ② In case there is false information, omission or mistake in registration
- ③ If you are under the age of 14 as of the date of application for membership
- ④ If it has not been 30 days after the member withdrew from the member voluntarily
- ⑤ If it is judged that registering as a member is significantly impeding the technology of the “site”
- The membership contract is established when the approval of the “Site” reaches the member.
- If there is a change in the matters registered at the time of membership registration, the member must notify the “site” of the change within a considerable period of time by modifying member information. Members are responsible for any problems arising from non-change of member information. In particular, if there is a change in the following matters, you must notify the company without delay or change it online and check whether the correct entry is made.
- Mobile phone number, email, etc.
Article 7 (member withdrawal and loss of qualification, etc.)
- A member may request withdrawal from the “Site” at any time, and the “Site” handles withdrawal immediately.
- Even when withdrawing from Delykit Plus integrated member, the “Site” will immediately process the withdrawal of membership.
- If a member falls under any of the following reasons, the “Site” may limit or suspend membership.
- If false information is registered at the time of application
- In case of using the “site” to be prohibited by laws or these terms and conditions, or against public order and morals
- When attempting to transmit or transmit a large amount of information or advertising information for the purpose of interfering with the stable operation of the “Site”
- If the member does not pay the debts borne by the member in connection with the use of the product, etc. purchased using the “site” or other “site” on the due date
- Threatening the order of e-commerce, such as interfering with other people’s use of the “site” or stealing the information
- In the event of an act falling under any of the following items, which harms the sound operation of the “site” or interferes with the business of the “site”
- end. In case of damaging the reputation and credit of the “Site” by indicating or disseminating facts that are unclear or false in relation to the operation of the “Site”
- I. In the case of interfering with the operation of the “Site” by insulting, intimidating, or obscene words to employees in the process of using the “Site”
- All. In case of interfering with the business of the “Site” by regularly canceling or returning goods purchased through the “Site” without justifiable reason
- la. In case of interfering with the transaction order of the “Site” by purchasing goods in bulk for resale purposes
- hemp. Violation of the user’s obligations under these terms and conditions
- After the “Site” restricts or suspends membership, if the same action is repeated two or more times or if the reason is not corrected within 30 days, the “Site” may lose membership.
- If the “Site” loses membership, membership registration will be cancelled. In this case, the member is notified and given an opportunity to explain at least 30 days before cancellation of membership registration.
8. Notice to Members
- When the “Site” notifies a member, it may be done at the e-mail address specified by the member in advance with the “Site”.
- The “Site” can replace individual notifications by posting them on the “Site” bulletin board for more than one week in case of notification to a large number of unspecified members. However, individual notices are given for matters that have a significant impact on the member’s own transaction.
9. Purchase Application
When the “Site” provides the services of Article 4, Paragraph 1, No. 2, the user applies for purchase by the following or similar method on the “Site”, and the “Site” refers to the following when the user applies for purchase. Each content must be provided in an easy to understand manner.
- Search and select goods, etc.
- Enter the recipient’s name, address, phone number, e-mail address (or mobile phone number), etc.
- Confirmation of the contents of the terms and conditions, services for which the right to withdraw subscription is restricted, shipping fees, installation fees, etc.
- Agree to these terms and conditions and confirm or reject the above 3 items (eg, mouse click)
- Application for purchase of goods, etc. and confirmation or consent to confirmation of “mall”
- Selection of payment method
- The “Site” may not accept the purchase request as described in Article 9 if it falls under any of the following items. However, in the case of signing a contract with a minor, it must be notified that the minor or legal representative may cancel the contract if the consent of the legal representative is not obtained.
- In case of false information, omission, or mistake in the application
- When a minor purchases goods and services prohibited by the Youth Protection Act, such as cigarettes and alcohol
- When it is judged that acceptance of other purchase requests is significantly impeding the technology of the “site”
- The contract is deemed to have been concluded when the consent of the “Site” reaches the user in the form of acknowledgement notification in Article 12 (1).
- The expression of acceptance of the “Site” shall include information on confirmation of the user’s purchase application, availability of sale, correction of purchase application, cancellation, etc.
11. Payment Method
The payment method for goods or services purchased on the “Site” can be made by any of the following methods. However, the “Site” cannot collect any fee by adding any nominal fees to the price of goods, etc. for the user’s payment method.
- Various account transfers such as phone banking, internet banking, and mail banking
- Various card payments such as prepaid card, debit card, credit card, etc.
- Online deposit without bankbook
- Payment by electronic money
- Payment upon receipt
- Payment by “points” paid by “site” such as mileage
- Payment by gift certificate contracted with “Site” or recognized by “Site”
- Payment by other electronic payment methods, etc.
12. Notice of Receipt Confirmation, Change and Cancellation of Purchase Application
- “Site” will notify the user of receipt when there is an application for purchase from the user.
- The user who has received the notification of receipt confirmation may request the change or cancellation of the purchase application immediately after receiving the notification of confirmation of receipt, if there is a discrepancy in the expression of intention, and the “Site” may request the change or cancellation of the purchase request without delay if the user requests before delivery. It must be processed upon request. However, if the payment has already been made, the provisions on withdrawal of subscription under Article 15 shall be followed.
13. Supply of Goods, etc.
- The “Site” takes other necessary measures such as order production, packaging, etc. so that the goods can be delivered within 7 days from the date of the user’s subscription unless there is a separate agreement regarding the timing of supplying the user and the goods. . However, if the “Site” has already received all or part of the payment for goods, etc., it will take action within 3 business days from the date of receiving all or part of the payment. At this time, the “site” takes appropriate measures so that the user can check the supply procedure and progress of the goods.
- “Site” specifies the delivery method, the person responsible for the delivery cost by method, and the delivery period by method for the goods purchased by the user. If the “Site” exceeds the contracted delivery period, the user must compensate for the damage caused by it. However, this is not the case if the “Site” proves that there is no intention or negligence.
The “Site” shall notify the user of the reason without delay if the goods for which the user has applied for purchase cannot be delivered or provided due to reasons such as out of stock, and from the date of receipt of the payment for goods, etc. Refund within 3 business days or take necessary measures for refund.
15. Withdrawal of Subscription, etc.
- A user who has entered into a contract for the purchase of goods with the “Site” receives the date of receipt of a document regarding the contract contents pursuant to Article 13 (2) of the Act on Consumer Protection in Electronic Commerce, etc. If the supply of goods, etc. is delayed, the subscription can be withdrawn within 7 days from the date the goods were supplied or the supply of goods began). However, if there is a different stipulation in the 「Act on Consumer Protection in Electronic Commerce, etc.」 regarding withdrawal of subscription, the provisions of the same law shall be followed.
- When the user has received goods, etc., it cannot be returned or exchanged if it falls under any of the following items.
- In case the goods, etc., are lost or damaged for reasons attributable to the user (however, if the packaging is damaged in order to check the contents of the goods, the subscription may be withdrawn.)
- In case the value of goods, etc. has significantly decreased due to the use of users or some consumption
- In case the value of goods has decreased significantly over time, making resale difficult
- If it is possible to reproduce the product with the same performance, etc. If the packaging of the original product is damaged
- When the “Site” withdraws the order for certain goods, it is expected that serious damage that cannot be recovered is expected, and the user’s consent has been given in advance of the restriction of the order withdrawal.
- In the case of Paragraph 2, Items 2 to 4, if the “Site” does not specify in advance the fact that withdrawal of order, etc. is restricted, in a place where consumers can easily know, or if the user has not taken measures such as providing trial products, There are no restrictions on withdrawal of purchase.
- In spite of the provisions of Paragraphs 1 and 2, if the contents of the goods are different from the contents of the display or advertisement or are performed differently from the contents of the contract, the user shall be informed within 3 months from the date of supply of the goods, etc. You can cancel your subscription within 30 days from the date it was placed.
16. Effect of Withdrawal of Subscription, etc.)
- The “Site” refunds the payment for the goods already paid within 3 business days when the goods are returned from the user. In this case, when the “Site” delays the refund of goods, etc. to the user, the delayed interest calculated by multiplying the delayed interest rate prescribed in Article 21-3 of the Enforcement Decree of the Act on Consumer Protection in Electronic Commerce, etc., shall be paid for the delay period. .
- In the case of refunding the above amount, the “Site” shall promptly request the payment of the goods, etc. from the business operator who provided the relevant payment method when the user pays for the goods by means of payment such as credit card or electronic money. Request to stop or cancel.
- In the case of cancelling an order, the user is responsible for the costs necessary for returning the goods received. The “Site” does not claim penalty or damages from the user for reasons such as cancellation of purchase. However, if the contents of the goods are different from the contents of the display/advertisement or the contents of the contract are fulfilled differently and the order is canceled, the cost required for the return of the goods will be borne by the “Site”.
- In case of order cancellations,, the “points” received by the user after purchasing the product will be returned.
- If the user paid the shipping cost when receiving goods, etc., the “Site” clearly indicates who will bear the cost when cancelling an order so that the user can easily understand.
17. Use of points
- “Site” may grant points or mileage to members (a bond to the company that the company gives to members according to certain conditions, which can be used like cyber money. hereinafter referred to as “points”) can be granted.
- The “Site” may separately set and implement detailed usage guidelines related to how to acquire and use “points”, and members must follow the guidelines.
- When using some of the assigned “points” according to different times and causes of occurrence, the order of deduction or expiration date will be determined and announced by the “site”.
- Details such as the accumulation rate of the “points” operated by the “site” can be checked through the “site”.
- DELYKIT REWARD POINTS can only be earned by registered DELYKIT members.
- Points accumulated upon membership withdrawal will expire, and points that have expired once re-joined will not be applied again.
- The “Site” may provide or receive the minimum information necessary for point accumulation and use of point partners and members.
- If it is confirmed that the “points” have been acquired by fraudulent methods, the company may take other measures such as withdrawal of the member’s “points”, deletion of ID (unique number) and criminal charges.
18. Personal Information Protection
- The “Site” collects the minimum amount of personal information necessary to provide services when collecting personal information of users.
- “Site” does not collect information necessary for fulfillment of the purchase contract in advance when registering as a member. However, this is not the case when personal identification is required prior to the purchase contract in order to fulfill obligations under related laws, and when minimum specific personal information is collected.
- When the “Site” collects and uses user’s personal information, it notifies the user of the purpose and obtains consent.
- The “Site” cannot use the collected personal information for purposes other than the purpose, and when a new purpose of use occurs or is provided to a third party, it notifies the user of the purpose and obtains consent at the stage of use and provision. . However, exceptions are made in cases where the relevant laws and regulations stipulate otherwise. The “Site” is the identity of the person in charge of personal information management (affiliation, name and phone number, and other contact information), the purpose of collecting and using the information, if the consent of the user is required pursuant to paragraphs 2 and 3 Matters stipulated in Article 22 of the Act on Promotion of Information and Communication Network Utilization and Information Protection, including matters related to provision of information to third parties (the recipient, purpose of provision, and contents of the information to be provided) must be specified or notified in advance. You can withdraw this consent.
- Users may request to view and correct errors in their personal information held by the “Site” at any time, and the “Site” is obligated to take necessary measures without delay. When a user requests correction of an error, the “Site” does not use the personal information until the error is corrected.
- The “Site” shall limit the person who handles the user’s personal information to a minimum for the protection of personal information, and the “Site” shall be the loss, theft, leakage, or consent of the user’s personal information including credit cards and bank accounts. We are responsible for any damages to users due to provisions or alterations to third parties.
- The “Site” or a third party who has received personal information from it will destroy the personal information without delay when it achieves the purpose of collecting or receiving personal information.
- The “Site” does not set the consent column for the collection, use, and provision of personal information as previously selected. In addition, services that are restricted when the user’s consent to the collection, use, and provision of personal information is refused are specifically specified, and services such as membership registration are provided for refusal of the user’s consent to the collection, use, and provision of personal information other than the required collection items. We do not limit or decline offers.
19. Obligation of “Site”
- The “Site” shall not act prohibited by laws and these Terms and Conditions or against public order and morals, and shall do its best to provide goods and services consistently and stably in accordance with these Terms and Conditions.
- The “Site” must have a security system to protect users’ personal information (including credit information) so that users can safely use Internet services.
- “Site” shall be responsible for compensating users for damages caused by unreasonable display and advertisement activities prescribed in Article 3 of the Act on Fair Display and Advertisement of Products or Services.
- “Site” does not send commercial e-mails that users do not consent to.
20. Obligations for Member’s ID and Password
- Except in the case of Article 18, the member is responsible for managing ID and password.
- Members should not let a third party use their ID and password.
- If a member realizes that his/her ID and password have been stolen or used by a third party, he/she must immediately notify the “Site” and follow the instructions of the “Site”.
21. User’s Obligation
The user should not conduct the following.
- Registration of false information when applying or changing
- Theft of information from others. Purchasing goods by stealing card information from the “mall” or using the services of the “mall” by pretending to purchase goods.
- Change of information posted on the “Site”
- Transmission or posting of information (computer programs, etc.) other than the information set by the “Site Infringement of intellectual property rights such as copyright of “site” and other third parties
- Acts that damage the reputation of the “site” or other third parties or interfere with business
- Disclosing or posting obscene or violent messages, images, voices, and other information contrary to public order
22. (\Relationship between the connected website and the connected website
- When the parent website and the lower website are connected by a hyperlink (e.g., text, pictures, and moving images are included in the hyperlink), the former is called a linked website and the latter is called a connected website. .
- If the linked website specifies that it is not responsible for guaranteeing transactions with the user for the goods provided by the linked website independently, the initial screen of the linked “site” or a pop-up screen at the time of connection is indicated. We are not responsible for guaranteeing transactions.
23. Restrictions on Use and Restriction of Copyright
- Copyright and other intellectual property rights for works created by “Site” belong to “Site”.
- The user shall use the information obtained by using the “Site” for commercial purposes by copying, transmitting, publishing, distributing, broadcasting or other methods without prior consent of the “Site” without prior consent of the “Site”. It should not be made available to third parties.
- If the “Site” uses the copyright belonging to the user according to the agreement, it must notify the user.
- “Site” may post postings posted by users by moving and copying them within “Site”.
- If the work posted by the member violates the user’s obligations under Article 21, the “Site” may take necessary measures such as non-disclosure.
- The user is responsible for the rights and responsibilities of the contents of the posts posted by the user.
24. Dispute Resolution
- “Site” and users must make all necessary efforts to smoothly resolve any disputes related to the service.
- The “Site” installs and operates a damage compensation processing organization to reflect legitimate opinions or complaints raised by users and to compensate for the damage. “Site” handles complaints and opinions submitted by users with priority. However, if prompt processing is difficult, the user will be notified immediately of the reason and processing schedule.
- In the event of a user’s request for damage relief in relation to the e-commerce dispute between the “Site” and the user, it may be subject to mediation by the Fair Trade Commission or the dispute mediation agency requested by the State of Florida.
25. Scope of Compensation and Claim
- The Company shall not be liable for damages to users caused by force majeure such as natural disasters or without reasons attributable to the Company.
- Claims for damages must be made in writing with the reason for the claim, the amount charged, and the basis for calculation.
- The Company shall not be liable for any damages arising from the user’s failure to obtain the expected profits from the Company’s service provision or the selection or use of service materials unless there is a reason attributable to the Company.
- The company is not responsible for any obstacles in using the service due to reasons attributable to the user.
- The company is not responsible for the content of the data posted or transmitted by the user.
- The company shall not be held liable for transactions between users or between users and a third party through service.
27. Governing Law and Competent Court
- Lawsuits concerning e-commerce disputes between the “Site” and users shall be based on the address of the user at the time of filing, and if there is no address, it shall be the exclusive jurisdiction of the district court having jurisdiction over the residence. However, if the address or residence of the user is not clear at the time of filing or if a foreign resident is a foreign resident, it is filed with the competent court under the Civil Procedure Act.
- State of Florida law applies to e-commerce lawsuits filed between the “Site” and users.
Supplementary Provisions Article 1 (Effect of Terms and Conditions)
- These terms will be effective from July 1, 2020.
- In principle, members who have already signed up before the enforcement of these terms and conditions are subject to the previous terms and conditions. However, if you continue to use the service pursuant to these Terms and Conditions after the effective date of the revised Terms and Conditions as announced, you are deemed to have agreed to the terms and conditions after the change.