Terms of Service
Article 1 (Purpose)
The purpose of this Policy is to establish the rights and responsibilities of “Harubook” and the user in using the services provided by “Harubook” operated by Espressobook Inc. (hereafter referred to as “Harubook”).
※「This Policy shall apply mutatis mutandis to electronic commerce using PC communication or wireless communication.」
Article 2 (Definition)
1 “Harubook” is a virtual space where Espressobook Inc. sets to trade goods and services (hereafter referred to as “products”) using information and communication facilities, such as computers and it can be used to point to the business which operates a cyber mall.
2 “User” means members or non-members who install “Harubook” and receive the services provided by “Harubook” in accordance with this Policy.
3 “Member” is a person who has signed up and who can continue to use the services provided by “Harubook”.
4 “Non-member” means anyone who uses services provided by the “Mall” without signing up for membership.
Article 3 (Representation, Explanation and Revision of the Policy)
1 "Harubook" post the content of this Policy, company name, representative's name, business location (including address where customer's complaints can be addressed), telephone number, fax number, e-mail address, business registration number, mail order business registration number, person in charge of personal information management on the initial service screen (front) of "Harubook" so that anybody who visits the site can easily see it. However, the content of the policy can be made available to the user on the connected screen.
2 "Harubook" shall provide a separate connection screen or pop-up screen to ask the user for confirmation that they have fully understood the important contents of the Policy, such as refund conditions, before they give their consent.
3 "Harubook" can revise this policy unless it is against the applicable laws such as “Act on Consumer Protection in Electronic Commerce, etc.”, “Act on Regulation of Policies”, “Framework Act on Electronic Documents and Electronic Transactions”, “Act on Electronic Financial Transactions”, “Digital Signature Act”, “The law regarding the promotion of information and communication network use and protection of information”, “Act on door to door sales activities” and “Framework Act on Consumers”.
4 If "Harubook” revises the Policy, the date of application and the reason for the revision shall be specified and announced on the initial screen of "Harubook" from at least 7 day before the effective date to the previous day of the effective date together with the current Policy. However, if the Policy is changed to be unfavorable to users, the notice shall be given at least 30 days in advance. In this case, "Harubook" shall clearly compare the content of the Policy before and after the revision and display them for easy understanding.
5 If "Harubook" revises the Policy, the revised Policy applies only to the contract concluded after the effective date, and the previous Policy remains effective to the contracts concluded before the amendment. However, if a user who has already signed a contract let “Harubook” know his/her intention that he/she wants the revised Policy to be applied to him/her within the notice period of the amendment under Paragraph 3 and acquires the consent of “Harubook”, the revised Policy shall be applied to the contract.
6 Matters not specified in this Policy and interpretation of this Policy shall be subject to the applicable laws such as Consumer protection law, Laws on the regulation of the Terms, etc., Guidelines for Consumer Protection in Electronic Commerce determined by the Fair Trade Commission or commercial practice.
Article 4 (Service Provision and Change)
1 "Harubook" performs the following services.
① Providing information on goods or services and entering into a purchase contract
② Delivery of goods or services for which a purchase contract has been concluded
③ Other tasks prescribed by "Harubook"
2 In case of out of stock of goods or services or change of technical specifications of the goods or services, "Harubook" may change the content of goods or services to be provided by future contracts. In this case, the contents of the changed goods or services and the date of delivery shall be specified and immediately announced where the contents of the current goods or services are posted.
3 "Harubook" guarantees 99.99% availability per month. When the availability does not reach the guaranteed availability, "Harubook" shall compensate for it to the user in the manner defined by the Service Level Agreement (SLA). SLAs can vary, and the availability rate is defined as the ratio of actual service uptime to the guaranteed service uptime.
4 If "Harubook" changes the contents of the service contracted with the user for reasons such as out of stock or technical change, it shall notify the reason of change immediately to the address where the user can get the notice.
5 In case of the event specified in the previous paragraph occurs, "Harubook" shall compensate for the damage to the affected user. However, if "Harubook" proves that it is not due to their intention or fault, it is indemnified for the obligation of the compensation.
Article 5 (Suspension of the Service)
1 "Harubook" may temporarily suspend the provision of services in the event of maintenance, replacement or breakdown of the facilities such as computers, or disruption of communication.
2 "Harubook" shall reimburse for damages suffered by the user or a third party due to the temporary suspension of the provision of the service for the reason of paragraph 1. This is not the case, however, if "Harubook" proves to be such failure is not attributable "Harubook" because it was not due to its intentional or accidental faults.
3 In the event that the service cannot be provided due to the change of business items, abandonment of business, or merge of the companies, "Harubook" shall notify it to the users in the manner prescribed in Article 8 and to the consumers in accordance with the terms set forth in the "Harubook". However, if "Harubook" does not notify the compensation standards, the user's mileage or deposit will be paid to the user in cash or cash equivalent form in-kind.
Article 6 (Membership)
1 A user shall apply for membership by filling in his/her membership information according to the "Harubook" registration form and expressing that he/she agrees to the terms.
2 "Harubook" shall register the one who apply for membership as in paragraph 1 as a member unless he/she does not fall under any of the following subparagraphs.
① If the applicant has previously lost membership in accordance with Article 7(3) of this Policy. However, an exception shall be made in the case where the person who has gained the approval of re-enrollment of "Harubook" after 3 years has passed since his/her loss of membership under Article 7(3).
② If there is any false, missing or misleading content in the registration application
③ If it is judged that registering him/her as a member significantly impedes its technology of "Harubook"
3 Membership agreement is established when the member receives the acceptance of "Harubook".
4 In the event that there is a change in the information registered at the time of membership registration, the member shall notify the change to "Harubook" within a certain period of time by modifying the member information, or other available methods.
Article 7 (Member Withdrawal and Disqualification)
1 A member may request to withdraw from the "Harubook" at any time and the "Harubook" will immediately deal with the withdrawal request.
2 "Harubook" may restrict or suspend the membership if the member falls under the following categories.
① If false information is registered at the time of application
② The member does not pay the debts borne by the member in relation to the use of the goods purchased through "Harubook" and other use of "Harubook" on the due date.
③ When he/she Threaten the e-commerce order by interfering with the use of "Harubook" by others or misuse or abuse the information of others.
④ When he/she uses “Harubook” services for the things that are prohibited by law or this agreement or public order and morals
3 “Harubook” may disqualify the membership if the same act is repeated more than once or if the reason is not corrected within 30 days after “Harubook” suspends membership.
4 If "Harubook" disqualifies or terminates the membership, the member will be notified of this, and it discharges the registration of the member. The member will be given a chance to be heard at least 30 days before the termination of membership.
Article 8 (Notification to Members)
1 When "Harubook" notifies members, it can send a notice to the e-mail address specified by the member.
2 Instead "Harubook" can post notices on the bulletin board of "Harubook" for more than a week in case of notice to unspecified members. However, individual notice shall be given of matters that have a significant impact on the member's own transactions.
Article 9 (Purchase Application and Consent to Provide Personal Information)
1 "Harubook" users may apply for purchases on "Harubook" by the following or similar methods, and "Harubook" must provide each of the following content clearly so that the user can know the followings clearly making a purchase request.
① Searching and selecting goods
② Entering the recipient's name, address, phone number, e-mail address (or mobile phone number)
③ Checking the contents related to the cost burden such as the contents of the agreement, the service for which the right to withdraw subscription is limited, and the installation fee for shipping
④ A sign that agrees to these terms and confirms or rejects the above subparagraph ③ (e.g. mouse click)
⑤ Confirming the application for purchase of goods, or giving consent to "Harubook"
⑥ Selection of payment method
2 When "Harubook" needs to provide personal information of the buyer to a third party, it shall inform the followings to the buyer and get his/her consent. (The same applies, when the items that the user has already consented is changed).; 1) Person who will be provided with the personal information, 2) The purpose of using personal information by the person who receives personal information, 3) Items of personal information to be provided, 4 ) The period of retention and use of personal information.
3 If “Harubook” entrusts a third party to handle personal information of the buyer, it must inform the followings to the buyer and obtain the consent; 1) Person who is entrusted with handling personal information and 2) Details of the work entrusted to the person (The same applies, when the items that the user has already consented is changed. However, if it is necessary for the implementation of the contract regarding the provision of the service and it is related to the increase of the convenience of the buyer, the notification procedure and consent procedure can be replaced by notifying through the personal information handling policy in the manner prescribed by the Act on the Promotion of Information and Communication Network Utilization and Information Protection, etc.
4 "Harubook" may delete the purchase request information provided by the user without the consent of the buyer if the payment is not completed.
5 "Harubook" may maintain the information necessary to fulfill the contract, which is collected during the purchase application process, but it may not use it for any other purpose.
Article 10 (Contract Conclusion)
1 "Harubook" may not approve the purchase application pursuant to Article 9 if it falls under any of the following. However, "Harubook" must notify that the contract can be cancelled if the contract is entered with a minor and the legal guardian of the minor does not consent.
① If there is any false, missing or misleading information in the application;
② If a minor purchases goods and services prohibited by the Juvenile Protection Act, such as tobacco and alcohol
③ If it is deemed that acceptance of the purchase application significantly impedes the "Harubook" operation
2 It is deemed that the agreement is concluded when the acceptance of "Harubook" reaches the user in the form of acknowledgment notice pursuant to Article 12(1).
3 The declaration of acceptance of “Harubook” shall include information on the confirmation of the purchase application, the availability of the sale, and the way of change or the cancellation of the purchase request.
Article 11 (Payment Method)
Payment for the goods or services purchased through "Harubook" may be made by any of the following methods. However, "Harubook" cannot collect any additional fee in addition to the payment of goods according to the payment method that the user selects.
1 Various bank transfers such as phone banking, internet banking, and mail banking
2 Using various cards such as prepaid card, debit card and credit card
3 Online transfer
4 Payment by electronic money
5 Payment upon receipt (Cash on delivery)
7 Payment by points paid by "Harubook" including mileage
8 Payment by gift certificate signed or approved by "Harubook"
9 Payments made by other electronic payment methods
Article 12 (Acknowledgment Notification, Purchase Request Change and Cancellation)
1 "Harubook" will notify the user if it receives a request for purchase from a user.
2 The user who has received the acknowledgment notice can request a change and cancellation of the purchase application immediately after receiving the acknowledgment notice if there is any discrepancy from his/her own application. "Harubook" shall process the application according to the request of the user without delay if the request is made before shipping. However, if the user has already paid, it is subject to the provisions of Article 15 Withdrawal of Application.
Article 13 (Supply of Goods)
1 "Harubook" shall take all the necessary measures such as ordering, packaging, etc. so that the goods can be delivered within 7 days from the date of the subscription, unless otherwise agreed upon the time of the delivery with the user. However, if "Harubook" has already received all or part of the payment, it shall take the action within three business days from the date it when it receives all or part of the payment. At this time, "Harubook" shall take appropriate measures to enable the user to check the supply procedure and progress of the goods.
2 "Harubook" shall specify the means of delivery, the cost of delivery by means, and the delivery time by means. If "Harubook" exceeds the specified delivery period, it shall be liable for any damages incurred by the user. This is not the case, however, if "Harubook" proves that it is not attributed to “Harubook”.
Article 14 (Refund)
"Harubook" shall notify the user of the reason without delay when the goods and others requested by the user cannot be delivered or provided for reasons of out of stock, or other reasons. In the case of receiving payment for goods or others, “Harubook” shall refund the payment or take necessary measures within 3 business days from the date of payment.
Article 15 (Withdrawal of Application and others)
1 The user who has entered into a contract for the purchase of goods and others with "Harubook" can withdraw the subscription from the date of receipt of the written statement on the content of the contract in accordance with Article 13, Paragraph 2 of the 「Act on Consumer Protection in Electronic Commerce, etc.」(if the supply of goods or others is made later than the date of receipt of the written documents, it means the date that the user received goods or others.). However, if there are other provisions in the Act on the Consumer Protection in Electronic Commerce, etc. regarding the withdrawal of subscriptions, the provisions of the Act shall apply.
2 The user cannot return or exchange goods if he/she has received the goods or others and the case falls under any of the followings.
① If the goods are lost or damaged due to the reason attributed to the user (However, if the packaging is damaged in order to check the contents of the goods, the subscription can be withdrawn.).
② If the value of goods or others has decreased significantly due to the use or partial consumption of the user
③ If the value of goods or others has decreased significantly enough to make it difficult to resell because the lapse of time
④ If the product can be copied to make a product with the same or similar quality and the packaging of the original product is damaged
3 In the case of Paragraph 2.2 to 2.4, the withdrawal of subscription shall not be limited, if the "Harubook" has not specified that the subscription withdrawal can be limited in the place where the consumer can easily see in advance, or if it has not made actions such as providing test product.
4 Notwithstanding the provisions of paragraphs 1 and 2, the user can withdraw the subscription within three months from the date he/she has received the goods, or within 30 days from the date on which he/she can know the fact.
Article 16 (Effect of the Application Withdrawal)
1 "Harubook" refunds the payment of the goods within 3 business days when the goods are returned from the user. In this case, when "Harubook" delays the refund of the payment to the user, the interest shall be calculated by multiplying the delayed period and the interest rate prescribed in Article 21-2 of the Enforcement Decree of the Consumer Protection Act in Electronic Commerce, etc.
2 When "Harubook" refunds the above payment, "Harubook" shall request that the provider of the payment service that the user used for the payment to suspend or cancel the payment without delay if when the user paid for the goods or others by the payment method such as credit card or electronic money.
3 In the case of withdrawal, the user shall bear the cost of returning the goods received. Harubook will not charge any penalty or asks to pay the compensation for the reason such as withdrawal of subscription. However, if the withdrawal is due to discrepancy between the content of the goods and advertised content “Harubook” shall bear the cost of returning the goods.
4 If the user bears the shipping cost when receiving the goods or others, "Harubook" shall clearly indicate who is responsible for the cost when the subscription is withdrawn.
Article 17 (Private Information Protection)
1 "Harubook" collects personal information minimally to the extent necessary to provide the service.
2 "Harubook" does not in advance collect the information necessary to fulfill the purchase contract. However, this is not the case when certain minimum personal information is collected because personal identification is required prior to the purchase contract for the performance of obligations.
3 "Harubook" informs the user of the purpose and obtains consent when collecting and using user's personal information.
4 "Harubook" does not use the collected personal information for purposes other than its original purpose. If a new purpose of use arises or it is needed to provide the information to a third party, it notifies the owner of the private information of the purpose of the disclosure and obtain the consent before providing it to the third party. However, exceptions can be made when the relevant laws and regulations specify otherwise.
5 When "Harubook" requires the consent of the user under paragraphs 2 and 3, the identity of the person in charge (department, name, telephone number and other contact information), the purpose of collecting and using the information, and The provisions of Article 22 (2) of the “Act on the Promotion of Information and Communication Network Utilization and Information Protection, etc.” related to the provision of information (recipient, purpose of provision, and contents of information to be provided) shall be specified or notified in advance. You can withdraw this consent at any time.
6 You may request viewing and correcting errors of your personal information held by "Harubook" at any time, and "Harubook" shall be obliged to take necessary measures without delay. If you request to correct an error, "Harubook" will not use the corresponding personal information until the error is corrected.
7 "Harubook" limits the people who handle personal information to the minimum for the protection of personal information, and take full responsibility when any kind of damages occur on the user because of loss, theft, disclosure, provision to a their party without consent and alteration, it shall be responsible for all damages.
8 "Harubook" or a third party that has been provided personal information from “Harubook” shall destroy the personal information when it achieves the purpose of the collection or provision of the private information.
9 "Harubook" does not set the box regarding the collection, use and provision of personal information to be selected in advance. In addition, it specifies the services that may be restricted when a user refuses to consent to the collection and use of personal information. It does not restrict or reject the provision of services such as membership, because the user refuses to consent to the collection and use of personal information which is not mandatory.
Article 18 (Obligations of “Harubook“)
1 "Harubook" shall not make the acts prohibited by law and these terms and acts contrary to public order and morals. It shall make every effort to provide goods on an ongoing and stable basis as set forth in this Policy.
2 "Harubook" shall have a security system to protect the personal information of users (including credit information) so that users can use the Internet service safely.
3 "Harubook" shall be liable for the compensation for any damages of the users due to improper labeling acts prescribed by Article 3 of the Act on the Fairness of Labeling and Advertisement for Products and Services.
4 "Harubook" does not send commercial e-mails or spam emails for commercial purposes that the user does not want.
Article 19 (Obligations related with ID and Password of the Member)
1 Except in the case of Article 17, the member is responsible for managing his/her ID and password.
2 Members should not let a third party other than themselves use their ID and password.
3 If a member finds out that his or her ID or password is stolen or used by a third party, he/she shall immediately notify it to "Harubook" and follow the instructions of "Harubook".
Article 20 (Protection and Management of User Information)
"Harubook" protects user information as prescribed by relevant laws and regulations. Regarding the protection and use of user information, applicable laws and regulations and separate user information processing policy and personal information processing policy shall apply.
Article 21 (Processing of User Information)
1 "Harubook" shall return the user information to the provider when the contract is terminated or cancelled due to the expiration of the term or other reasons, and shall destroy the user information within 7 days if the return is virtually impossible.
2 "Harubook" shall completely destroy the user information in a non-recoverable manner.
3 If the user wants to transfer his/her information to another service provider, "Harubook" shall cooperate with the transfer.
Article 22 (Users’ Obligations)
The user should not conduct the followings.
1 Registration of false contents upon application or change
2 Theft of information of others
3 Change of the information posted on "Harubook"
4 Sending or posting any information (computer program, etc.) other than the information prescribed by Harubook.
6 Infringement of intellectual property rights such as copyrights of "Harubook" and other third parties
7 Acts that damage or interfere with the works or honor of "Harubook" and other third parties.
8 Disclosing or posting vulgar or violent messages, images, voices or other information against public order or customs.
Article 23 (Relationship between Connecting "Harubook" and Connected "Harubook")
1 When a upper level "Harubook" and a lower level "Harubook" are connected through hyperlink (ex: Targets of hyperlinks include text, pictures, video and so on), the former is called the Connecting "Harubook"(Website) and the latter is called Connected "Harubook"(Website).
2 "Harubook" has no liability of guarantee for any transactions of the Connected “Harubook” if it specifies that it does not take any responsibility for the transactions of the goods that the Connected “Harubook” provides independently on the initial screen of the Connecting "Harubook" or as a pop up screen at the time of connection.
Article 24 (Attribution of Copyright and Restrictions on Use)
1 Copyrights and other intellectual property rights of the works created by “Harubook“ belong to “Harubook“.
2 Users may not use or let a third party use the information the intellectual property rights of which belongs to "Harubook" without prior approval of "Harubook" in the form of copying, transmitting, publishing, distributing or broadcasting.
3 "Harubook" shall notify the user when it uses the copyright belonging to the user according to the agreement.
Article 25 (Dispute Resolution)
1 "Harubook" implements and operates an organization in order to reflect legitimate opinions or complaints raised by users and to compensate for the damages.
2 "Harubook" shall first handle the complaints and the opinions submitted by users. However, if it is difficult to process them promptly, the user will be notified immediately of the reason and processing schedule.
3 If there is a request for remedy for damages related to the e-commerce disputes between "Harubook" and the user, it may be subject to the mediation of the Fair Trade Commission or Dispute Mediation Institution commissioned by mayor or the governor of the corresponding city or province.
Article 26 (Jurisdiction and Governing Law)
1 Lawsuits concerning an e-commerce dispute between "Harubook" and the user shall be submitted to the court that has the jurisdiction of the user at the time of filing. If he/she does not have an address, the court whose jurisdiction covers the place where the user lives shall have the jurisdiction. However, if the address or residence of the user is not clear at the time of filing, or if the users is a resident in a foreign country, it shall be brought to the competent court under the Civil Procedure Law.
2 Lawsuits concerning an e-commerce dispute between "Harubook" and the user shall be governed by the law of Korea.