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Terms and Conditions

		Article 1 (Purpose)
This Agreement aims at stipulating rights, obligations and responsibilities in the operation of online Store, Secret Of The Month (Business Registration Number 322-58-00110), hereinafter referred to as the "Store" and the User in respect of the use of internet-related services provided by SOM (hereinafter referred to as the "Service").
This Agreement shall be applied to online commerce with SOM via PC communication, mobile devices, etc. unless it is not against its nature.



Article 2 (Definition)
① 	"Store" means the virtual business place on which the Company set for transacting goods and services by using information and communication facilities such as a computer and mobile devices so that it may provide goods and services (hereinafter referred to as “Goods and Services” to the User. The term is also used as a person operating the online Store.
② 	 "User" means a member or a non-member who uses Service provided by the “Store” in accordance with this Agreement through the access to the "Store".
③ 	 “Member” means a person who subscribed the membership by providing his or her personal information to the "Store", for which the member may be informed of the "Store" on a continuous basis and use the Service offered by the “Store”.
④ 	 “Non-Member” means a person who use the Service offered by the “Store” not subscribing to the membership.



Article 3 (Clear statement, Explanation & Modification of User Agreement)
① 	『The "Store" shall, for easier recognition by Users, clearly state the contents of this Agreement, name of the company and the managing director, business address (including the address where User complaints may be treated), email address, business registration number, mail-order business registration number, staff in charge of privacy management, etc on the front page of the online Store except the detail of this Agreement may be accessed by Users via a link page.
② 	 The "Store” shall obtain the confirmation of a User for important matters such as cancellation of purchase, delivery obligation, terms and conditions for refund, etc via a separate link page or pop-up window before the User agrees on this Agreement so that the User may understand such important matters.
③ 	 The "Store" may modify this Agreement within the extent that it does not violate applicable laws, such as the Law related to Protection of Consumer on E-commerce, the Law related to Limitation of Agreement, Basic Law of Electronic Transaction, Electronic Signature Law, the Law related to Stimulation of Use of Information and Communication Network & Information Protection, the Law related to Call Sales, the Consumer Protection Law.
④ 	 In the event of any modification of this Agreement, the effective date of application and the cause of modification shall be written on the front page from 7 days prior to the effective date to one day before the effective date. In the event that such modification is disadvantageous to Users, such modification shall be announced at least 30 days prior to the date of application. The announcement shall state clearly the changes that have been made for easier understanding of Users.
⑤ 	 In the event of any modification to this Agreement has been made, the modified Agreement shall be applied only to the contracts that are concluded after the effective date, whereas the Agreement prior to the modification shall be applied to the contracts that have been concluded before the effective date. In the event that a User who already entered into the Contract requests to the “Store” that the modified Agreement to be applied within the announcement period of the Agreement modification in accordance with Clause ③ and acquires the approval from the "Store", the provisions of the modified Agreement shall be applied accordingly.
⑥ 	 The matters not stipulated herein and the interpretation of this Agreement shall be in accordance with the following act, Electronic Commerce Consumer Protection Act, Regulation of Standardized Contracts Act and guidelines for consumer protection stipulated by the Fair Trade Commission, and other applicable laws and commercial practices.



Article 4 (Provision & Replacement of Service)
① The "Store" shall perform the following duties:
1. Provision of product or service information and conclusion of purchase agreement
2. Delivery of product or service on purchase agreement
3. Other duties designated by the "Store"
② The “Store” may replace the product or service written on the contract in the event that product or service is out of stock or technical specifications are changed. In this case, the “Store” shall immediately announce the replacement of the product or service and the effective date on the page where the new product or service is displayed.
③ In the event that alternative product or service is provided due to problems out of the “Store”’s control, the “Store” shall immediately notify the User the cause to the valid address. 
④In the event of the occurrence of the preceding clause, the “Store” shall compensate the User for damages. This shall not apply if the “Store” proves that such event is not caused by its intention or negligence.



Article 5 (Suspension of Service)
① 	The “Store” may temporarily suspend the provision of Service in the event of any repair, inspection, replacement or communication network interruption.
② 	 The “Store” shall compensate User or 3rd party for damages caused by the temporary suspension of service due to the cause(s) in Clause ①. This shall not apply if the “Store” proves that such event is not caused by its intention or negligence.
③ 	 In the event of suspension of service due to the conversion of business item, abandon of business, business acquisition, etc, the “Store” shall notify the fact to Users in the manner stipulated in Article 8, and compensate consumers in accordance with the conditions which were initially listed by the “Store”. In the event that the “Store” has not listed out the criteria for compensation, the “Store” shall compensate Users for their points or reserve fund in equivalent cash value according to the currency being used at the “Store”.



Article 6 (Membership)
① 	 The User shall apply for the membership by completing full registration process and agreeing to this Agreement after filling out the form designated by the “Store” with the member information.
②        The “Store” shall register the User who applied for the membership in the manner stipulated in Clause ① as a Member provided that the User is not engaged with one of the following events. In the event that:
1. The applicant has lost its membership in the past in accordance with Clause 3 of Article 7 of this Agreement. This shall not apply to those acquired the approval of the “Store” for re-subscription of the membership after 3 years has passed from the date of loss of membership in accordance with Clause 3 of Article 7 of this Agreement;
2. The User provide false information or omission in the registered process; or
3. Registering as a member may cause inconvenience in the “Store” technically
③       The Membership shall be effective at the time that the Member receives the approval from the “Store”.
④ 	 The Member shall notify any change of its information to the “Store” in accordance with Clause 1 of Article 15 via email or other communication method.



Article 7 (Withdrawal from Membership & Loss of Eligibility)
① 	 The Member may at any time request for the membership withdrawal from the “Store”, and the “Store” shall proceed with the withdrawal on the request of the Member.
②	 In the event that a Member is engaged in one of the following items, the “Store” may limit or suspend the eligibility of the Member. In the event that the Member:
1. Has provided false information for membership registration;
2. Has not paid the price of goods the member purchased through the “Store” or other liability borne by the Member in respect of the use of the “Store”; 
3. Interrupts others in use of the “Store” or threats the order of e-commerce, e.g. illegal use of personal information; or
4. Takes any action against the laws, this Agreement and good public order and Users by using the “Store”.
③ After the “Store” limit the membership of the User, the membership may be suspended if the violation repeats twice or more, or the wrongdoing is not corrected within 30 days.
④ In the event of the cancellation of membership, the “Store” shall notify it to the Member, and give the Member 30 days or more to grant an opportunity to explain the cause prior to the cancellation.
 


Article 8 (Notification to Members)
① 	In the event of any notification of the “Store” to a Member, it may be delivered via an email address designated by the Member through the agreement with the “Store”.
② 	 In the event of the notification to unspecified Members, the “ Store” may replace individual notification by stating such notification on the board linked in the website of the “Store” for 1 week or more. The “Store” shall give individual notice to a Member in respect of any matter which may have a significant influence on the Member regarding his or her transaction.
 


Article 9 (Request for Purchase)
The User shall purchase in accordance with the following manner or other similar manner at the “Store”, and the “Store” shall provide the User with the following information in the form which the User may easily understand in his or her request for purchase. The Member may be exempted from the application of Item 2 or Item 4 below.
1. Search and selection of goods
2. Entering name, address, phone number, email address;
3. Confirmation of matter(s) in respect of the contents of this Agreement, the service(s) of which right of cancellation of purchase is limited, obligation of shipping fees etc;
4. Expression to agree with this Agreement, or confirm or refuse the Item 3 above (e.g. mouse click);
5. Confirmation and agreement of purchasing goods, or agreement on the confirmation of the “Store”; or
6. Selection of payment method. 
 


Article 10 (Conclusion of Contract)
① 	The “Store” may not accept the request for purchase in Article 9 if it falls one of the following items. In the event of the conclusion of contract with a minor, the “Store” shall notify that the failure to acquire the agreement of the legal representative may cause the cancellation of the contract by the minor him(her)self or the legal representative. In the event that:
1. There is false information or omission in the registration process;
2. The minor purchase any product or service restricted in the Youth Protection Law, e.g. cigarette or liquor;
3. The “Store” deems that the applicant may cause significant inconvenience to accept the purchase agreement; or
② 	The contract is deemed to be concluded when the acceptance of the “Store” is delivered to the User in the form of the confirmation of receipt stipulated in Clause 1 of Article 12. 
③ 	 The acceptance of the “Store” shall include the information such as confirmation of the purchase agreement from the User, availability of sales, and correction or cancellation of the purchase agreement. 


 
Article 11 (Payment Method)
The method of payment for a product or service purchased through the “Store” may be selected among the following items. The “Store” may not collect any additional transaction fees on the amount of the product or service.
1. Wire transfer, e.g. phone banking, internet banking, mail banking, etc;
2. card payment, e.g. prepaid card, debit card, credit card, etc;
3. Online non-bankbook deposit;
4. Electronic money;
5. Pay-on-receipt;
6. Point offered by the “Store”, e.g. points;
7. Gift voucher contracted or approved by the “Store”; or
8. Other payment by electronic means. 

By purchasing a Secret Of The Month subscription, User acknowledge that her/his subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.

By supplying credit or debit card details, User agrees and is giving us concent to take payments every month one to three days prior to the departure date that the User has selected (one of 5th, 15th or 25th of every month), which is the agreed date the shipment ships from Secret Of The Month to the User.

All taxes, duties, tariffs and any associated fees such as custom clearance fees are to be borne by the User, if applicable by the User's shipping country.



Article 12 (Notice of Receipt, Change and Cancellation of Purchase Agreement)
① 	 After the User placing an order, the “Store” shall notify the User with the confirmation receipt
② 	 In the event that there is any error in the order placed, the User who received the confirmation receipt may change or cancel the order immediately. If the “Store” receives a request of change from the User prior to the shipping, the “Store” shall deal with the request without any delay. If the payment has been already made, it shall be in accordance with the stipulation related to the cancellation of purchase in Article 15.
 


Article 13 (Provision of Goods)
① 	Unless otherwise stated in respect of the schedule for the provision of goods, the “Store” shall take necessary measures to dispatch the goods on the delivery date the User chose. 
② 	The “Store” shall specify, for the goods purchased by a User, the delivery method, delivery and transit time. The User’s order will be fulfilled by the delivery date set out in the confirmatory email. Although occasionally because of unforeseen circumstances beyond the contron of the "Store", it is possible that orders may be delivered later than the estimated shipping time that is provided for reference.
 


Article 14 (Refund)
In the event that the product or service which a User purchased may not be available or delivered because it runs out of stock or other reason, the “Store” shall notify the User without any delay. If the payment has been received for the product or service in advance, the “Store” shall refund the payment or take necessary measures within 7 business days from the date of payment receipt.


 
Article 15 (Cancellation of Purchase)
① 	 The User may cancel your membership at any time with no cancellation fees. In the event that the User cancel the membership after an order has already been processed the User will be charged for that order. Otherwise, the membership shall cease immediately after filing your cancellation request, and the User shall not incur any further charges.
②	 The User may not return or change the good which he or she received through delivery in the event of one of the following items. In the event that:
1. The goods delivered are lost or damaged by the User
2. The value of the goods is significantly decreased due to the use or consumption by the User;
3. The value of the goods is significantly decreased due to lapse of time
③ 	Notwithstanding Clause 1 and Clause 2, the User may cancel his or her subscription service within 3 months from the date of receipt of the goods or within 30 days from the date on which he or she recognized or could recognize that the contents of goods differ from the advertisement or the provision of contract.
④ 	Secret Of The Month is a distributor only. Products distributed by Secret Of The Month are not manufactured by Secret Of The Month. The products may, however, be covered by each manufacturer’s warranty, service, and support policy (if present). Secret Of The Month assigns and passes through to the User any warranty of the manufacturer, and you acknowledge that you shall have recourse only under such warranties and only as against the manufacturer of the products. Secret Of The Month makes no representation of express warranty with respect to the product except those stated in this document. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.



Article 16 (Effect of Cancellation of Purchase)
① 	 In the event the goods are returned from a User and the Article 15 does not apply, the “Store” shall refund the payment for the goods within 7 business days from the date on which the “Store” received the goods returned. If the “Store” caused a delay of the refund to the User, it shall pay interest calculated with overdue interest rate announced by the Fair Trade Commission for the number of days of delay.
② 	 Regarding the above-mentioned refund and in the event that the User made a payment for the goods with credit card or electronic money, the “Store” shall request the business who provided such payment method to suspend or cancel the payment without any delay.
③ 	 In the event of subscription service cancellation, the User shall bear the cost for return of the goods provided. The “Store” shall not claim for cancellation charge or compensation for damages to the User in respect of the cancellation of purchase if the damages occurred before it arrives to the User. If the goods are returned because the goods are different from the one advertised on the website, the “Store” shall bear the cost for return of the goods.
④ 	 In the event that the shipping fee was born by the User when he or she received the goods, the “Store” shall specify who would bear the shipping fee for returning goods for easier recognition of the User.
 


Article 17 (Protection of Personal Information)
① The “Store” collects minimum personal information necessary for the execution of the purchase contract with Users. The following items shall be necessary information and others are optional. 
1. Name;
2. Address;
3. Telephone number;
4. ID (for Members);
5. Password (for Members); or
6. Email address (or mobile phone number).
② In the event that the “Store” collects personal information available for identification of User, it must obtain the approval of the User.
③ The personal information may not be used for any purpose and provided to any 3rd party without the approval of the User, and the “Store” shall be responsible for the matter. Notwithstanding the foregoing, it shall not apply to the following items. In the event that:
1. The “Store” informs the delivery service provider with minimum information of User for performing delivery duty (e.g. name, address, telephone number);
2. Such personal information is necessary for statistics, academic research or market research, and provided in the form that a certain individual may not be identified;
3. Such personal information is necessary for the settlement of payment for transacting products, et cetera;
4. Such personal information is necessary for the identification against illegal use; or
5. There is inevitable cause by regulation or law.
④ 	In the event that the “Store” is required to acquire the approval of User by Clause 2 and 3, it shall specify or notify the provision stipulated in Clause of Article 22 of the Law related to Stimulation of Use of Information and Communication Network & Information Protection, e.g. The personal information for manager identification (name, position, contact information), purpose of collection and use of information, matters related to the provision of information to 3rd party (recipient, purpose of provision and information to be provided), et cetera.
⑤ 		 Users may at any time request for the confirmation and correction of error on their personal information possessed by the “Store”, the “Store” shall be responsible for taking any necessary measures without any delay. In the event that a User requests for the correction of an error, the “Store” shall not use the applicable personal information until it corrects the error.
⑥ 	 The “Store” shall limit the number of managers for protecting personal information, and be responsible for any damages of User caused by loss, disclosure or falsification or personal information of the User including credit card and bank account information
⑦ 	 	The “Store” or any 3rd party who received personal information from the “Store” , shall without any delay destroy personal information after it achieves its purpose of collection of the personal information.
 


Article 18 (Obligations of “Store”)
① 	 The “Store” shall not take any action against the law and this Agreement or being against the good public order and customs, and put its best efforts to provide products and services on a stable basis in accordance with the provisions in this Agreement.
② 	 The “Store” shall equip the security system for the protection of personal information of Users (including credit information) so that the Users may safely use online services.
③ 	 The “Store” shall be responsible for the compensation to User(s) if it has caused damages to the User(s) by displaying or adding unjust or unreasonable advertisement for a certain product or service in accordance with Article 3 of the Law related to Fairness of Display and Advertisement.
④ 	 The “Store” shall not send any profit-making emails which are not wanted by Users.



Article 19 (Obligations for ID & Password of Member)
① Each Member shall be responsible for the management of his or her ID and password, except the case in Article 17.
② Each Member shall not allow any 3rd party to use his or her ID and password.
③ In the event that a Member recognizes that his or her ID and/or password is stolen or used by a 3rd party, the Member shall immediately notify the fact to the “Store”, and follow the instruction of the “Store”, if required.
 


Article 20 (Obligations of User)
Users shall not:
1. Provide false information in the registration process or when the information is changed;
2. Steal others’ personal information;
3. Change the information stated on the “Store” website;
4. Remit or display any information other than the information selected by the “Store” (computer programming code et cetera);
5. Infringe the copyright or the intellectual property right of the “Store” or a 3rd party;
6. Take any action to bring disgrace on or interrupt the operation of the “Store” or a 3rd party; or
7. Disclose or state any information containing indecent or violent message, video, voice, and other information being against the good public order and customs.



Article 21 (Relationship between Linking Store & Linked Store)
① 	In the event that the main Store and the sub-Store are linked with the hyperlink (e.g. the subject of hyperlink includes text, image and video), the former is called as the Linking Store (Website) and the latter is called as the Linked Store (Website).
② 	The Linking Store shall not be responsible for any transaction with the User for any product or service independently provided by the Linked Store if the Liking Store specify its intent of such non-guarantee on the initial page at the website of the Linking Store or pop-up window.
 


Article 22 (Copyright & Limitation of Use)
① 	 The copyright and other intellectual property right for the works produced by the “Store” shall belong to the “Store”.
② 	 The User should not use or cause any 3rd party to use any intellectual property right which belongs to the “Store” acquired in the course of the use of the “Store” for reproduction, transmission, publishing, distribution, broadcasting or other profit-making use without consent of the “Store”.
③ 	The “Store” shall notify the User when using the copyright that belongs to the applicable User in accordance with mutual agreement.
④ 	The materials available on the site shall remain the property of Secret Of The Month and/or its licensors, and are protected by copyright, trademark and other intellectual property laws. User acquires no proprietary interest in any such rights. Furthermore, User may not remove or obscure the copyright notice or any other notices contained in the site or anything retrieved or downloaded from them.
User hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that User will not acquire any right, title, or interest in or to the site except as expressly set forth in this Agreement. User will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
By submitting content on the site or otherwise through the service, User hereby do and shall grant Secret Of The Month a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the content in connection with the site, the service and Secret Of The Month’s (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) or the service in any media formats and through any media channels (including, without limitation, third party websites and feeds). Secret Of The Month also hereby do and shall grant each user of the site and/or the service a non-exclusive license to access your content through the site and the service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such content in connection with their use of the site and service.



Article 23 (Resolution of Dispute)
① 	 The “Store” shall take reasonable action after receiving reasonable opinion or complaint made by User(s), and operate an organization for dealing with compensation for damages.
② 	 The “Store” shall handle opinion or complaint from User(s)in chronological order. In the event that the matter cannot be handled promptly, the “Store” shall notify the User with the cause and the schedule.
③ 	 In the event that any application for remedy is submitted by a User regarding the dispute raised between the “Store” and the User, the matter may be treated in accordance with the settlement of the Fair Trade Commission or the arbitration commissioned by the Mayor or the jurisdiction.



Article 24 (Jurisdiction & Governing Law)
① 	 Any electronic commerce-related lawsuits raised between the “Store” and a User shall be in accordance with the address of the User. When no address is available, such lawsuit shall be exclusively controlled by the competent court of jurisdiction. If the address or residence of the User at that time of the suing is not clear or in the event of the foreigner, the lawsuit shall be filed to the competent court on the Civil Procedures Code.
② 	Any and all electronic commerce-related lawsuits raised between the “Store” and a User shall be governed by the law of the Republic of Korea. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of the Republic of Korea, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
This Agreement shall be effective from June 27, 2016.