Terms and Conditions for Use of KoreanFoods.com Service

Agreement to these Terms and Conditions constitutes execution of an agreement for use of KoreanFoods.com purchasing service between KoreanFoods.com (the "Company”) and the purchaser who buys products through the real-time electronic commerce system (the "System”) provided by the Company. Any transaction executed through KoreanFoods.com Purchasing Service is governed by the laws of California and any statement herein with regard to time, period and place is based upon the time, period and place of U.S.A.


Purpose

The purpose of these Terms and Conditions is to set forth the rights, obligations and responsibilities between the Company and the purchaser using the System developed and provided by the Company.


Definition

The terms used herein shall have the following meaning:
1) "KoreanFoods.com” means the Company, the System provided to purchasers for free transaction of items or services, and the website for operation of the System.
2) "Member(s)” means those who have registered their personal information with KoreanFoods.com to join as members of KoreanFoods.com and who are entitled to use the information and services provided by KoreanFoods.com
3) "Member I.D.” means the English letters, numbers or combination of English letters and numbers chosen and registered with the Company by Members for purposes of identification and use of KoreanFoods.com services.
4) "Password” means the English letters, numbers or combination of English letters and numbers chosen and registered with the Company by Members to verify their identity and protect their rights, interests and confidential information.
5) "Operator” means the person appointed by the Company to be responsible for management and smooth operation of the Gmarket services.


Services

KoreanFoods.com provides information and services related to products on the Site, purchase transactions, purchased items, shipping information, and other related advertisement and/or promotional events in addition to other services determined by KoreanFoods.com
Prices, availability of products, and shipping terms on the Site are subject to change. If such change is unavoidable, KoreanFoods.com will post such changes on the Site seven-day prior to effective date. However, if it is impossible to explain the contents of such change, the Company will post why such changes are inexplicable instead. the Company will compensate members for damage resulted from change. However, the Company shall not be held responsible and/or liable for damages that are unintentional or not faults of the Company.

the Company usually ship out merchandises within 24 hours from the date received Member's order. except indicated areas, all purchases will be shipped via UPS/FedEx/USPS. Orders made on Friday afternoon and Weekends will be processed on the following business day.
Returns and Exchange Policy


-Non-Perishable products
Request for return and/or exchange can only be accepted within 14 days from your date of invoice. All returns and exchanges must be pre-authorized by KoreanFoods.com personnel prior to shipping the item to us. Authorization can be obtained by contacting the Company and receive a RAN (Return Authorization Number). Without a RA number the Company cannot accept any returns or exchanges. Returns and exchanges may be subjected up to 20% of the prices of returned or exchanged products as restocking fees. Please also note that shipping/handling fees are non-refundable. No returns or exchanges will be accepted after 14 days from invoiced purchase date. Customers are responsible for shipping charges on returned items. KoreanFoods.com will ship exchanged products to the customer via USPS, UPS ground or otherwise based on any pre-arrangement made. KoreanFoods.com reserves the right to refuse returns/exchanges due to any unreasonable/unethical reasons determined by any KoreanFoods.com personnel.

-Perishable products
Due to nature of our products, no returns and/or exchanges are permitted on perishable items. Sales are final and contain no guarantees. If packaging were damaged during the delivering process, please contact appropriate carrier to report Damage Claim within 3 business days of the delivered date. In the event of a wrong item shipped to a customer accidentally by KoreanFoods.com will replace it with correct product free of charge.

-Limitation of Liability
KoreanFoods.com shall have no liability beyond the remedies set forth herein, including any liability for perishable and non-perishable products. KoreanFoods.com will not be liable for any health related or medical side effects even if advised of the possibility of such effects, or for any claim by any manufacturer and/or supplier except as expressly provided therein. Member agrees that for any liability related to the purchase of products or services, the Company is not responsible for any amount of direct and/or indirect damages above the aggregate dollar amount paid by customer for the purchase under this agreement

-Privacy Policy

1. Personal Information Manager
A. The Personal Information Manager is responsible for protecting customer’s personal information and preventing unauthorized disclosure thereof, helps customers in using our services safely, and takes responsibility in the event of any accident arising from breach of any announcement made to customers relating to personal information protection.
B. The Personal Information Manager is not responsible for damage or loss of information due to unexpected accidents caused by hacking or other inherent risks of the network that may occur despite technical safeguards and is not responsible for any dispute arising from the members’ posts.

2. Consent to Collection of Personal Information
When subscribing for membership to our services, you are asked to press the "Continue, Confirms your input” button, in consent to our Terms and Conditions. You can check our Policy on "Policy” page. By clicking the "Continue” button, you are deemed to have consented to our collection of your personal information.

3. Purpose and Use of Personal Information Collection
A. We collect personal information to verify the identity of our customers and confirm his or her intent to use our services to provide optimal custom-designed services to the customer. We collect the minimum information necessary for customers to order, pay, and deliver goods and services and for us to provide other services to the customers.
B. We do not use the personal information for any purpose other than that set forth herein and do not disclose such information to any third party without the consent of the member.
C. We collect and use personal information for the following purposes:
1) Name, password: to verify a member’s identity for use of our services.
2) E-mail and telephone number: to facilitate transactions among members; confirm intent; handle complaints; give updates and announce news.
3) Delivery information: to verify address for delivery of products, free gifts and bill for payment.
4) Settlement information: to provide settlement services
5) Others: Information necessary for the provision of personalized services.

4. Method and Item of Personal Information Collected
A. At initial subscription, we collect minimum information necessary to facilitate the provision of services. We may additionally collect information for payment settlement, delivery and refund in the course of your using our services.
1) Personal information collected at subscription:
- Required items: name, ID, password, e-mail address, and telephone number.
- Optional items: mobile phone number and address
2) Personal information collected additionally:
- Settlement information: credit card and bank account information, etc.
- Delivery information: name of recipient, address and contact information
- Refund information: bank account information, etc.
B. We collect members’ personal information only after receiving their consent, and we do not collect information on race, origin, legal domicile, religion, political disposition, criminal records, health condition and other information likely to infringe on the basic rights of members, unless upon the consent of the relevant member or required by law.

5. Access to and Correction of Personal Information
A. A member can any time access or correct his/her registered personal information
B. To access and correct personal information, a member can log in to our homepage anytime If a member notifies our Customer Center or Personal Information Manager in writing, by telephone, fax or e-mail, they will promptly take care of your request.
C. If a member requests correction of personal information, the relevant personal information will not be used or provided until correction has been made.

6. Withdrawal of Consent to Collection, Use and Provision of Personal Information (Cancellation of Membership)
A. A member may at anytime withdraw his/her consent to our collection, use, and provision of personal information, made at subscription.
B. A member may withdraw his/her consent by requesting cancellation in writing to Customer Service. All necessary measures will be promptly taken to delete the personal information of the requesting member.
C. We will take necessary measures to handle withdrawal of consents to collection of personal information in the same way and procedure as for the collection of personal information.

7. Term of Retention and Use of Personal Information
A. In the event we collect personal information of a member, we will retain such information until the termination of the use contract pursuant to "Polic”. Upon termination, the Company will delete all personal information relating to the member without delay. Nevertheless, personal information will be maintained in the following cases:
1) Transaction records and minimum basic information required to be retained during the period provided in the laws, including the commercial code.
2) If the pre-notified retention period of the personal information has not yet expired and, if the individual member has consented to the maintenance, during the contracted period.
3) In the following cases, for the specified time:
- Records regarding withdrawal of agreement or subscription: 5 years
- Records regarding payment settlement and supply of goods: 5 years
- Records regarding processing of customer disputes and complaints: 3 years
B. If a member requests access to his/her personal information that we retain with the consent of such member, we will immediately take measure to allow the member to access and check such information.

8. Provision and Sharing of Personal Information
A. We will use the members’ personal information only for the purposes and within the scope of use identified above and generally will not provide such information to any third party.
B. Nevertheless, we may provide or use personal information upon consent from the members through due process in the following event:
-Sale, merger and acquisition: In the event the rights and obligations of the service provider are assigned or transferred, such assignment or transfer will be notified in advance and the members will be given an option to withdraw their consent regarding the personal information.
C. The following exceptions shall apply:
1) In the event special provisions under the relevant laws prescribe otherwise
2) In the event it is necessary for settlement of payment upon the provision of services.
3) In the event a transaction is consummated through our services, in which case, relevant information may be provided to the parties to the transaction as necessary to facilitate communication, transaction and delivery.
4) In the event personal information is provided in a form not revealing the identity of the individuals, for purposes of statistics, academic research and marketing survey.

9. Safeguards to Protect Personal Information
A. Technical Measures
In handling personal information of the members, we take the following technical precautions to ensure safety from loss, theft, unauthorized disclosure, alteration, or damage.
1) Installment of high-tech security system
The personal information of the members is protected by passwords, and important data is protected through a separate security system using encryption of files or transmission data or file locking. To prevent disclosure of personal information of members as a result of hacking, we have a double intrusion detection and firewall system, and monitor the system 24 hours a day.
2) SSL Security System
The information inputted upon registration will be encrypted by SSL (Secure Socket Layer) Protocol on the Netscape Commerce Server and then transmitted to us.
B. Managerial measures
1) We limit the number of people who handle personal information to the minimum level necessary and restrict their access to personal information to only that which is related to their job. The limited people are as follows:
- The person who directly markets to members;
- The Personal Information Manager and those handling personal information management; and
- The person whose job responsibilities inevitably require the handling of personal information.
2) We have people who handle personal information to acquire new security technology and regularly educate them on personal information protection and maintenance, to promote our goal of maintaining the highest security standards.
3) We have all employees sign a confidentiality agreement to prevent unauthorized disclosure and regularly check the performance and compliance with our personal information protection policy.
4) The transition of duties of an employee handling personal information will be carried out in a secured setting, and we strictly enforce accountability for personal information accidents after employment and resignation or retirement.

10. Limitation of Liability on Links to Other Web Sites
We can provide members with links to other web sites or information. In such cases, we have no control over such other web sites and information, and we disclaim any liability or guarantee regarding the services or usefulness of the information. If a member logs on to another web site through the link provided by us, the member should review the policies of such web site.

11. What User Should Look out for to Protection One’s Personal Information
A. The personal information of the members is protected by passwords. Members should not disclose their password and are responsible for any disclosure by himself or herself. We never ask for the password through telephone or e-mails, so if you receive such an inquiry, please report to our Customer Center or the Personal Information Manager.
B. After using our services, the members should log out and close the web browser. This is to protect the member’s personal information or communication from being disclosed to others in the event that the member shares a computer with others, or uses a computer at public places such as Internet Cafes, PC rooms or libraries.
C. To prevent any unintended accidents, a member should keep his or her personal information up-to-date. The member is responsible for any accidents resulting from his or her provision of incorrect information. Furthermore, a member may lose his or her membership and be subject to criminal sections if he or she uses others’ personal information or enters false information.

12. Restrictions on Transmission of Advertising Information
A. We do not send for-profit, advertising information in case the member expresses his/her desire not to receive such materials.
B. If a member has consented to the receipt of advertising e-mails and shopping letters, we provide the following in the e-mail title and the main text for the members to easily see.
- In the title: "Advertisement” may not be indicated in the title, but important information will be entered in the main text.
- In the main text: Name, e-mail address, telephone number and address of the transmitter, to whom the members can express their intent to reject such mailing, and instruction on how to make such rejection, as well as the time and content of the members’ consent.
C. In the event of transmitting for-profit advertising information by means of fax, mobile text massages, or a means other than e-mails, the text "advertisement” must be indicated in the beginning of the message and the contact information of the transmitter must be given.
D. A member may at anytime express his/her intent to reject the receiving of for-profit advising information, upon which we immediate stop the transmission and notify the member of such stoppage.