Terms and Conditions
1. Purpose
These terms and conditions establish the rights, obligations, and responsibilities between the company Festivall (hereinafter "the Company") and users regarding the use of internet services (hereinafter "the Service") provided on the internet site (festivall.my).
2. Definitions
① "Festivall" refers to a virtual marketplace set up by the Company using computer and information communication facilities to provide goods or services (hereinafter "goods, etc.") to users, and is also used to mean the business operator running the internet site.
② "User" refers to members and non-members who access "Festivall" and receive services provided by "Festivall" in accordance with these terms.
③ "Member" refers to a person who has registered with "Festivall" and can continuously use the services provided by "Festivall".
④ "Non-member" refers to a person who uses "Festivall" services without becoming a member.
3. Display, Explanation, and Revision of Terms
① "Festivall" displays these terms and conditions, company name, representative's name, business address, contact information, business registration number, and personal information manager where users can easily see them on the initial service screen. The full content may be made available through a linked screen.
② "Festivall" obtains user confirmation through separate linked or pop-up screens for important contents such as withdrawal of subscription, delivery responsibility, and refund conditions before users agree to the terms.
③ "Festivall" may revise these terms within the scope not violating relevant laws including the Act on Consumer Protection in Electronic Commerce, Act on Regulation of Terms and Conditions, Framework Act on Electronic Documents and Electronic Commerce, Electronic Financial Transactions Act, Electronic Signature Act, Act on Promotion of Information and Communications Network Utilization and Information Protection, Door-to-Door Sales Act, and Framework Act on Consumers.
④ When revising the terms, "Festivall" shall specify the application date and reasons and announce them with the current terms on the initial screen from 7 days prior to the application date until the day before. For changes unfavorable to users, a grace period of at least 30 days is provided.
⑤ Revised terms apply only to contracts concluded after their application date; previous terms remain applicable to earlier contracts. A user may opt into the revised terms during the notice period with "Festivall"'s consent.
⑥ Matters not specified herein and the interpretation of these terms shall be governed by the Act on Consumer Protection in Electronic Commerce, Act on Regulation of Terms and Conditions, Consumer Protection Guidelines in Electronic Commerce, and related laws or commercial practices.
4. Provision and Change of Services
① "Festivall" performs the following:
- Provision of information about goods or services and conclusion of purchase contracts
- Delivery of goods or services for which purchase contracts have been concluded
- Other tasks determined by "Festivall"
② In cases of sold-out goods/services or technical changes, "Festivall" may change the contents to be provided by future contracts. Changed contents and provision date shall be immediately announced where the current contents are posted.
③ When changing contracted service contents due to such reasons, "Festivall" shall immediately notify users at an address where notification is possible.
④ "Festivall" shall compensate users for any damage in such cases, unless it proves no intention or negligence.
5. Suspension of Service
① "Festivall" may temporarily suspend the service for maintenance, replacement, breakdown of facilities, or interruption of communication.
② "Festivall" shall compensate users or third parties for any damage caused by such temporary suspension, unless it proves no intention or negligence.
③ When the service cannot be provided due to business conversion, abandonment, merger, etc., users will be notified per Article 8 and compensated according to initially presented conditions. If standards were not announced, users' mileage or points will be paid in kind or cash equivalent to the value used in "Festivall".
6. Membership Registration
① Users apply for membership by submitting the registration form set by "Festivall" and agreeing to these terms.
② "Festivall" registers applicants as members unless any of the following applies:
- If the applicant has previously lost membership qualification under Article 7(3), except when 3 years have passed and "Festivall"'s approval for re-registration has been obtained
- If there are false entries, omissions, or errors in the registration details
- If registration is deemed to significantly hinder "Festivall"'s technical capabilities
③ The membership contract is established when "Festivall"'s approval reaches the member.
④ Members shall notify "Festivall" of changes to registered information through the appropriate process within a reasonable period.
7. Withdrawal from Membership and Loss of Qualification
① Members may request withdrawal at any time, and "Festivall" shall immediately process the withdrawal.
② "Festivall" may restrict or suspend membership in the following cases:
- If false information was registered at the time of application
- If payment obligations or other obligations related to "Festivall" are not fulfilled by the due date
- If the member interferes with others' use of "Festivall" or steals their information, threatening the order of electronic commerce
- If the member uses "Festivall" for acts prohibited by laws/these terms or contrary to public order and morals
③ If the same act is repeated twice or more after restriction/suspension, or the reason is not corrected within 30 days, "Festivall" may revoke membership qualification.
④ Upon revocation, the member registration shall be deleted after notification and at least 30 days for explanation.
8. Notification to Members
① Notifications may be sent to the email address agreed upon with the member.
② For notifications to unspecified multiple members, posting on "Festivall"'s bulletin board for more than one week may substitute individual notifications. However, individual notifications shall be made for matters that significantly affect the member's transactions.
9. Purchase Application and Consent to Provide Personal Information
① Users apply for purchases via the following or similar methods, and "Festivall" provides the contents in an easily understandable manner:
- Search and selection of goods
- Input of recipient's name, address, phone number, email (or mobile number)
- Confirmation of terms, services with restricted right of withdrawal, and cost burdens (shipping, installation, etc.)
- Expression of agreement to these terms and confirmation/rejection of the above (e.g., mouse click)
- Application for purchase and confirmation thereof, or consent to "Festivall"'s confirmation
- Selection of payment method
② When sharing the purchaser's personal information with a third party, "Festivall" must inform and obtain consent regarding (1) the recipient, (2) the purpose of use, (3) items shared, and (4) the retention period.
③ When entrusting the handling of personal information to a third party, "Festivall" must inform and obtain consent regarding (1) the entrusted party and (2) the contents of the entrusted work, except when notification through the privacy policy is permitted under relevant laws for service fulfillment.
10. Formation of Contract
① "Festivall" may not accept purchase applications in the following cases. When concluding a contract with a minor, the contract may be cancelled by the minor or their legal representative if consent is not obtained:
- If there are false entries, omissions, or errors in the application
- If a minor attempts to purchase goods prohibited by the Juvenile Protection Act (cigarettes, alcohol, etc.)
- If acceptance is deemed to significantly hinder "Festivall"'s technical capabilities
② The contract is formed when "Festivall"'s acceptance reaches the user via the receipt confirmation notification under Article 12(1).
③ "Festivall"'s acceptance includes confirmation of the purchase application, availability for sale, and information about correction or cancellation.
11. Payment Method
Payment for goods or services purchased from "Festivall" can be made by any available method below. "Festivall" cannot collect any additional fees for the user's payment method:
- Various account transfers (phone banking, internet banking, mail banking)
- Various card payments (prepaid, debit, credit cards)
- Online bank transfer
- Electronic money
- Payment upon receipt
- Mileage/points provided by "Festivall"
- Gift certificates contracted with or recognized by "Festivall"
- Other electronic payment methods
12. Receipt Confirmation, Change, and Cancellation of Purchase Application
① "Festivall" sends a receipt confirmation notification when there is a purchase application.
② Users who received the receipt confirmation may request change/cancellation of the application immediately. "Festivall" processes such requests without delay before shipping. If payment was already made, the withdrawal of subscription provisions in Article 15 apply.
13. Supply of Goods
① Unless otherwise agreed, "Festivall" shall enable shipping within 7 days of subscription. If "Festivall" has already received all/part of the payment, measures shall be taken within 3 business days. Users must be able to check the supply procedure and progress.
② "Festivall" specifies delivery methods, cost bearers, and delivery periods. If the promised delivery period is exceeded, "Festivall" shall compensate for any damage unless it proves no intention or negligence.
14. Refund
When "Festivall" cannot deliver/provide goods that the user applied to purchase due to reasons such as sold-out goods, the reason shall be notified without delay, and any pre-received payment shall be refunded or refund measures shall be taken within 3 business days.
15. Withdrawal of Subscription
① Users may withdraw subscription within 7 days of receiving the contract document under Article 13(2) of the Act on Consumer Protection in Electronic Commerce (or from the day goods were received/supply began if later). Where the Act provides differently, those provisions apply.
② Users cannot return or exchange goods in the following cases after receipt:
- When goods are lost or damaged due to reasons attributable to users (withdrawal is allowed if packaging was damaged only to inspect contents)
- When the value of goods has significantly decreased due to user's use or partial consumption
- When the value has significantly decreased due to passage of time, making resale difficult
- When original packaging is damaged and reproduction is possible with goods of the same performance
③ Despite paragraph 2 items 2–4, withdrawal is not restricted if "Festivall" has not clearly indicated the restriction or provided sample goods.
④ If the goods differ from display/advertisement or contract contents, withdrawal is allowed within 3 months of receipt or 30 days from the day the user knew/could have known the fact.
16. Effect of Withdrawal of Subscription
① Upon receiving returned goods, "Festivall" refunds the payment within 3 business days. Late refunds incur delay interest per Article 21-2 of the Enforcement Decree of the Act on Consumer Protection in Electronic Commerce.
② For payments made by credit card or electronic money, "Festivall" shall request the payment provider to stop or cancel billing immediately.
③ Costs to return supplied goods are borne by the user. "Festivall" cannot claim penalties or damages for withdrawal. If withdrawal is due to discrepancy with display/advertisement or contract, "Festivall" bears the return cost.
④ If the user paid shipping fees on receipt, "Festivall" clearly indicates who bears that cost upon withdrawal.
17. Protection of Personal Information
① "Festivall" collects only the minimum personal information necessary for service provision.
② "Festivall" does not collect information necessary for purchase contract fulfillment in advance at registration, except where minimum specific information is required by law for identity verification.
③ When collecting/using personal information, "Festivall" notifies the purpose and obtains consent.
④ Collected personal information cannot be used for purposes other than intended. New purposes or third-party provision require renewed notification and consent, unless otherwise provided by law.
⑤ When obtaining consent under paragraphs 2 and 3, "Festivall" specifies/notifies in advance the matters under Article 22(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection (privacy manager identity, purpose of use, third-party provision details). Users may withdraw consent at any time.
⑥ Users may request access to and correction of errors in their personal information at any time. "Festivall" shall take necessary measures without delay and not use the data until corrections are made.
⑦ "Festivall" minimizes the number of people handling personal information and is responsible for damages caused by loss, theft, leakage, unauthorized provision, or alteration.
⑧ "Festivall" or third-party recipients shall immediately destroy personal information when the purpose has been achieved.
⑨ Consent fields for collection/use/provision are not pre-checked. Services restricted upon refusal of consent are specifically stated, and registration is not refused due to refusal of non-mandatory consent.
18. Obligations of "Festivall"
① "Festivall" shall not engage in acts prohibited by laws/these terms or contrary to public order and morals, and shall continuously and stably provide goods/services as specified.
② "Festivall" maintains a security system for protecting users' personal information (including credit information) for safe internet service use.
③ "Festivall" is responsible for compensating damages caused by unfair display/advertisement under Article 3 of the Act on Fair Labeling and Advertising.
④ "Festivall" shall not send commercial advertising emails that users do not want.
19. Member's ID and Password
① Members are responsible for managing their ID and password except in cases under Article 17.
② Members shall not allow third parties to use their ID and password.
③ If members suspect their ID/password has been stolen or used by third parties, they shall immediately notify "Festivall" and follow its guidance.
20. User's Obligations
Users shall not engage in the following acts:
- Registering false information when applying or changing
- Theft of others' information
- Modifying information posted on "Festivall"
- Transmitting/posting information not determined by "Festivall" (such as computer programs)
- Infringement of intellectual property rights of "Festivall" and third parties
- Damaging reputation of "Festivall"/third parties or interfering with business
- Publicly disclosing or posting obscene/violent messages, images, or voices contrary to public order and morals
21. Connected Site Relationships
① When upper and lower "Festivall" sites are connected by hyperlinks (text, images, animations, etc.), the former is the connecting site and the latter is the connected-to site.
② The connecting "Festivall" is not responsible for guaranteeing transactions between users and the connected-to "Festivall" regarding goods independently provided by the connected-to site, when this is clearly stated on the initial screen or pop-up at connection.
22. Copyright Attribution and Use Restriction
① Copyrights and other intellectual property rights for works created by "Festivall" belong to "Festivall".
② Users shall not use information obtained through "Festivall" (whose IP rights belong to "Festivall") for profit or allow third parties to use it via reproduction, transmission, publication, distribution, or broadcasting without prior consent.
③ When "Festivall" uses copyrights belonging to users by agreement, the users concerned shall be notified.
23. Dispute Resolution
① "Festivall" operates a damage compensation handling organization to reflect user opinions/complaints and process compensation.
② "Festivall" prioritizes complaints and opinions submitted by users. If prompt handling is difficult, the user is notified of the reason and schedule.
③ For e-commerce dispute resolution, users may follow the mediation of dispute mediation organizations under the Fair Trade Commission or city/provincial governors.
24. Jurisdiction and Governing Law
① Lawsuits between "Festivall" and users in e-commerce disputes fall under the exclusive jurisdiction of the district court at the user's address (or residence) at the time of filing. If the address/residence is unclear or the user is a foreign resident, the Civil Procedure Act applies.
② Korean law shall apply to e-commerce lawsuits filed between "Festivall" and users.