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Terms and Conditions of Use of Shopping Services of Gmarket

This English translation is provided for your reference purposes only, and is not legally binding. Only a Korean version of the terms and conditions of Use of Shopping Services of Gmarket are legally binding.

Chapter 1. General Provisions

Section 1 (Purpose): The purpose of these Terms and Conditions of Use of Shopping Services of Gmarket (the “T&C”) is to set forth the rights, obligations and responsibilities of the parties using the ecommerce-related services and other services (collectively “Services”) provided by Gmarket Inc (the “Company”) through the “Gmarket” internet open market site (www.gmarket.co.kr) (“Gmarket”) operated by the Company and the Gmarket mobile application (“Mobile Gmarket”) that is provided through mobile communications devices such as smartphones, and to promote mutual development through exercising and performing their rights and obligations pursuant to the T&C.
Section 2 (Disclosure, Validity and Amendment of the T&C): 1. The Company will disclose the T&C on the initial landing page or connecting page of Gmarket to help Members to check the T&C, together with the name, place of business, the name of representative(s), business registration number and contact numbers (telephone and facsimile numbers, email address, etc.) of the Company.
2. The Company may amend the T&C to the extent permitted by the Act on the Regulation of Terms and Conditions, the Framework Act on Electronic Documents and Transactions, the Digital Signature Act, the Act concerning Promotion of Utilization of Information and Communications Networks and Protection of Information, etc., the Protection of Consumers in e-commerce and Other Transactions Act (“e-Commerce Act”), and the Electronic Financial Transactions Act, and any other applicable laws.
3. If any terms of the T&C are amended by the Company, all amended terms shall be effective 14 days after they are initially posted on the initial landing page of Gmarket, together with the then current T&C, the effective date of and the reasons for the amendment, all of which will be posted for a 14-day period until the date immediately preceding the effective date; provided that any amended terms that are material or disadvantageous to the buying Members shall be posted and individually notified to the buying Members for a 30-day period until the date immediately preceding the effective date thereof. Amended terms and conditions shall not be applied retroactively before the effective date thereof.
Section 3 (Definitions): 1. Capitalized terms used herein shall have the following meaning:
1) “Member” means a natural or juridical person that has provided personal information to be registered with Gmarket as a member, as classified as follows:
i) General Member (Buyer): an individual of 14 full years old or older, or a company, each entitled to use shopping services provided by the Company
ii) Selling Member (Seller): an individual of 14 full years old or older, or a company, each entitled to use shopping services and selling services provided by the Company
2) “Member ID” means a combination of letters and numbers chosen by a Member, approved by and registered with the Company, for purposes of identification and use of the Services.
3) “Password” means a combination of letters and numbers chosen and registered with the Company by a Member, to verify the Member’s identity and protect the Member’s rights, interests and confidential information.
4) “Operator” means the person appointed by the Company to be responsible for overall management and smooth operation of the Services provided by the Company.
5) “Escrow Service” means the service of placing the purchase price for the product in escrow for certain period of time to protect the Buyer’s payment.
6) “Safe Trade Center” means an organization to mediate any and all issues and problems that may arise in relation to the safety of transactions while using the Services of the Company.
7) “Dispute Mediation Center” means an organization formed and operated by the Company for the reasonable and smooth mediation of disputes in exceptional cases only, whereas, as a general rule, any dispute arising from a transaction through the Company should be resolved by the Seller and the Buyer themselves.
8) “Business Partner Points” means various reward points provided by a third party that is a business partner of the Company.
9) “Item Discount” means a discount for an item that a Seller sells through the Services of the Company after agreeing with the Company on a discounted price that is within the service fees. The Company will list the discounted price of applicable items on the relevant webpage serviced by the Company.
10) “Enuri Coupon (Purchase Coupon)” means a cyber or offline coupon (for use exclusively in a transaction with the Company) specifying the discounted amount or percentage that a Member can use to purchase products through the Company’s Services. The Company can broker sales with Enuri Coupon (Purchase Coupon) discounts only after obtaining the Seller’s consent (including authorization counts as consent; the same applies hereinafter), and shall cancel any such transactions without the Seller’s consent.
11) “Buyer Coupon” means a cyber or offline coupon (for use exclusively in a transaction with the Company) specifying the discounted amount or percentage that a Member can use to purchase products through the Company’s Services. The Company may issue a Buyer Coupon to a Member without the consent of the Seller.
2. Any terms not defined in Section 3.1 above shall have the meanings ascribed in the general commercial practices.
Section 4 (Types of the Services): 1. The Company will provide the following Services:
1) Services relating to the development and operation of an e-commerce platform:
  i) Sales-related support;
  ii) Purchase-related support;
  iii) Contract execution related services;
  iv) Product information search services; and
  v) Other e-commerce related services; and
2) Services for the execution of advertisement and promotion
2. The purposes of the above Services provided by the Company are to allow Members’ use of cybermalls, and to intermediate mail-order sales, in relation to their transactions of goods and services. The Company shall not take any responsibility in relation to any product registered with Gmarket or Mobile Gmarket by any Selling Member (Seller).
Section 5 (No Agency): As a mail-order intermediary, the Company will be only responsible for the operation and management of a system for the efficiency of the Services and will not act as an agent of either the Seller or the Buyer. The Members concerned shall take the sole direct responsibility for any transaction(s) entered into between the Members and information provided and registered by the Members.
Section 6 (No Guarantee): In relation to the transactions between Sellers and Buyers through the system provided by the Company, the Company will not guarantee the existence and genuineness of the intent to sell or buy, the quality, completeness, safety, and legality of the registered items, non-infringement of third party rights, or the truthfulness or legality of the information entered by any Seller or Buyer, or data posted on the URL linked to the information entered by any Seller or Buyer. The Members concerned shall solely take any and all risks and responsibilities relating thereto unless the Company shall be held liable in accordance with applicable laws and regulations.

Chapter 2. User Agreement and Data Protection

Section 7 (Formation of a Shopping Service User Agreement): 1. The Shopping Service User Agreement (the “User Agreement”) shall be formed upon the Company’s acceptance of an application for the use of shopping services, from a person who intends to use the shopping services provided by the Company. The Company will notify its intent to accept the application by disclosure of such intent on the relevant webpage for the Services or by email or otherwise.
2. A person who intends to use the shopping services shall agree to the T&C and enter necessary information in the form application for membership as provided by the Company.
3. A person of 14 full years old or older or a business operator (whether a natural or juridical person) is eligible to the membership of the Services. An applicant shall apply for membership in his/her/its real name. If anyone applies for membership in a name other than his/her/its real name or by misappropriating another’s information, such applicant may be restricted from using the Services or penalized pursuant to applicable laws and regulations.
4. Applications will be handled on a first-come-first-served basis, and admission to the membership will become effective at the time when the acceptance by the Company is received by the Member.
5. The Company may withhold or refuse its acceptance of an application in any of the following cases:
1) if in the Company’s real-name verification process, it is found that the application is not made in real name;
2) if the name and resident (or business) registration number in the application are the same as those of an existing Member;
3) if reapplied within two (2) months from the Company’s termination of the User Agreement;
4) if reapplied by a Member that is subject to the membership suspension or other action by the Company, during the suspension or other applicable period;
5) if the facilities/equipment cannot afford or if there is technical difficulty; or
6) if the application is found to be unlawful, unfair or in violation of the T&C, or if it is deemed necessary to do so in the Company’s reasonable judgment.
Section 8 (Change and Protection of Personal Information): 1. A Member may not provide false information when applying for membership, and in the event of any change in the information provided when applying for the membership, the Member must immediately update the information. As a general rule, a Member’s name, ID and resident registration number and the like may not be changed, unless permitted by applicable laws and regulations.
2. Notification to the Member by the Company shall be considered complete when the notice is delivered to the address or e-mail address provided by the Member. Any damages arising out of the failure to update information must be borne solely by the relevant Member, and the Company shall not be held liable for any such damages.
3. The Company will not use any information provided by the Member for the execution of a User Agreement for any purpose other than its operation of the Services as consented to by the Member. If a new purpose of use arises or for the disclosure of the information to a third party, the Company shall notify the purpose(s) of use or disclosure of the Member’s information (as the case may be) and obtain separate consent from the Member in the phase of the use or disclosure of the Member’s information; provided that this shall not be the case if prescribed otherwise by applicable laws and regulations.
4. The Company shall not pre-check the consent box for the collection, use, and provision of personal information as a default. The Company shall also enumerate the services that will be limited to the Member should the Member refuse to consent to the collection, use and provision of personal information, and the Company shall not limit or refuse to provide membership service to any Member who wishes to use the shopping services on the account of the Member refusing to provide consent to the disclosure of any non-essential personal information.
5. To protect Member’s personal information, in the event the Company needs to provide the Member’s personal information to a third party, the Company shall obtain consent from the Member by disclosing to the Member the items of personal information to be provided, the name of the third party, the purpose of the use of the personal information by the third party, and the duration of retention of the personal information. In the event the Company outsources the processing of the Member’s personal information to a third party, it shall establish a privacy policy in accordance with the applicable laws and regulations, designate a privacy officer of the Company, and disclose and operate the privacy policy.
Section 9 (Control over ID and Passwords): 1. Each Member shall be responsible for the control over his/her/its ID and Password, and may in no event assign or lend any of them to a third party.
2. Each Member and each user shall take the responsibility for any and all damages and losses arising out of the leak, assignment or lending of a Member’s ID or Password that occurs due to a cause that is not attributable to the Company.
3. If a Member becomes aware of the theft, or unauthorized use by a third party, of his/her/its ID or Password, the Member shall immediately notify the Company thereof and the Company shall exert its best efforts to handle the situation promptly.
Section 10 (Termination of the User Agreement): 1. Termination by members:
1) A Member may terminate the User Agreement at any time by notifying the Company of the Member’s intent to terminate it through the applicable service webpage; provided that the Member shall have taken necessary actions to consummate any and all transactions at least seven (7) days prior to the date of the termination notice.
2) A Member shall be solely responsible for any disadvantageous consequences arising out of a termination notice sent within the said period, and upon termination of the User Agreement, the Company may withdraw all benefits additionally granted to the Member by the Company.
3) If a Member who has terminated the User Agreement intends to use the Services later again, the Member’s use of the Services will not be permitted unless the Member notifies the Company of his/her/its new intent to use the Services and the Company accepts the offer.
2. Termination by the Company:
1) The Company may terminate the User Agreement if any of the following occurs or is found to have occured:
  i) If a Member infringes upon or causes damage to rights, reputation, credit or any other legitimate interest of any other Member or a third party, or violates any laws and regulations of the Republic of Korea or public order and good morals;
  ii) If a Member engages in, or tries to engage in any acts which impede the proper processing of the Services provided by the Company;
  iii) If it is found that there is a reason for refusal pursuant to Section 7.5 hereof; or
  iv) If a Member otherwise engages in any acts in breach of the T&C or in the event of occurrence of any reasons for termination prescribed by the T&C
2) If the Company terminates the User Agreement with a Member, the Company shall notify the Member of its intent of termination by disclosing the reason(s) for termination by e-mail, by phone or by orher means. The User Agreement shall be terminated at the time when the Company’s intent of termination is received by the Member; provided that, in such a case, the Company may give the Member an opportunity to express his or her opinion with respect to the reason(s) for such termination.
3) Even if the Company terminates the User Agreement, pursuant to his Section, the T&C shall continue to apply with respect to the consummation of a sale and purchase contract entered into on or before the termination.
4) When the User Agreement is terminated pursuant to this Section, the Company may withdraw all benefits additionally granted to the Member by the Company.
5) If the User Agreement is terminated pursuant to this Section, the Company may refuse to accept the Members’ re-application.
Section 11 (Term and Suspension of Provision of the Services): 1. The term of the provision of the Services will begin from the date on which the application for use of the Services is filed, and end on the date of termination of the User Agreement.
2. The Company may suspend its provision of the Services temporarily upon the occurrence of a justifiable event, including without limitation, the maintenance, repair, examination, replacement of information and communications facilities (such as computers), or if such facilities are out of order; provided that the fact and reasons for temporary suspension of the Services shall be notified on the initial landing page of Gmarket.
3. The Company may restrict or temporarily suspend its provision of the Services if it is unable to provide the Services due to an act of God or a force majeure event equivalent thereto.
Section 12 (Service Usage Fees): The Company may provide various services needed for the freedom of e-commerce between the Members and charge certain fees therefor (i.e., service usage fees) pursuant to its internal policies.

Chapter 3. Use of Shopping Services of Gmarket

Section 13 (Execution of Contracts and Payment of Purchase Prices): 1. A sale and purchase contract will be executed by a Member offering to purchase a given item on the terms and conditions of sales suggested by a Seller and by the Seller’s acceptance of the Buyer’s offer.
2. The Company will provide methods for payment of the purchase price in cash, by credit card, or by other means.
3. The Buyer will enter information relating to the payment of the purchase price at his/her/its own responsibility, and shall solely take any and all liabilities and disadvantages arising out of the information entered by the Buyer in relation to the payment of the purchase price.
4. The Company may cancel a transaction without the consent of any Member if the purchase price is not paid within a certain time period after the order is placed.
5. The Company will take measures to allow the Buyer to check the contents of the executed sale and purchase contract on the webpage of “My Shopping Details,” and will provide guidance on how to cancel the contract and the relevant procedures.
6. The Company may check whether the Buyer is lawfully entitled to use the payment means used when paying the purchase price. The Company may suspend the transaction until the completion of confirmation of the buyer’s right to such use, or cancel the transaction if it is impossible to obtain such confirmation.
7. The amount actually paid by the Buyer shall be an amount (actual purchase price) remaining after applying to the original price (set by the Seller), any basic usage fees, discount coupons applicable to the particular item, delivery fees, details of an option (in the case of an option item) and so on.
The proof of purchase (i.e., cash payment receipts, tax invoices, credit card sales slips, etc.) will be issued to show the amount of the actual purchase price.
Section 14 (Delivery): 1. A delivery period shall begin on the date following the date on which receipt or settlement of payment is confirmed and end on the date of completion of delivery.
2. The Company will guide the Seller to take measures necessary for delivery within three (3) business days from the Seller’s receipt of the Company’s notice to confirm the receipt of or settlement of payment by the Buyer.
3. Days during which delivery is impracticable due to a force majeure event or otherwise shall not be counted as part of the delivery period.
4. As a general rule, any dispute arising among the Seller, the Buyer, a delivery service provider, a financial institution, etc. in relation to the delivery, shall be resolved by the relevant parties, and the Company shall in no way take any responsibility.
5. If a status update concerning delivery is delayed due to the Buyer’s failure to confirm his/her/its receipt after the Seller has properly confirmed shipping on its part, the Company may ask the Buyer to confirm the Buyer’s receipt within two (2) weeks from the date of Seller’s confirmation of shipping. If, thereafter, despite of the Company’s asking, the Buyer does not confirm his/her/its receipt, the status of the transaction may be automatically converted to “completion of delivery” at the time when three (3) days lapses, and in such case, if the Buyer has not actually received the product, then the Buyer may report non-receipt.
Section 15 (Cancellation): 1. A Member may cancel an order of purchase at any time prior to the shipping of the purchased items, and if cancellation is requested during the delivery, it will be handled pursuant to the procedures for return of purchased goods.
2. If the Seller fails to consent to use of the Enuri Coupon (Purchase Coupon) on the ESM PLUS service webpage after being notified that the Member has completed payment, then the transaction will be automatically cancelled and the money will be returned to the Member.
3. If an application for cancellation is received after a Member’s completion of payment and while shipping is arranged or pending shipping, the cancellation of the order will be immediately processed, absent special circumstances.
4. In the case of cancellation of an order when the order is ready for shipping, if the purchased items have already been shipped at the time when the cancellation application is received, as a general rule, the Buyer shall bear the fees for both delivery and return of the shipped items, and such procedures shall follow the procedures for return of purchased goods rather than the procedure for cancellation of purchased goods.
5. As for any refund following duly processed cancellation, payment by credit card will be cancelled immediately upon the completion of cancellation procedures, and payment in cash will be refunded to the relevant Member’s Smile Cash account as Refund Deposit within three (3) business days.
Section 16 (Return): 1. A Member may demand a return (“Return”) of the Seller’s items from the time when such items are shipped by the Seller within seven (7) days after receipt of the delivery pursuant to applicable laws and regulations.
2. The applicable laws including the e-Commerce Act will prevail over the terms and conditions of sales suggested by the Seller, as for general terms and conditions on the Return.
3. As a general rule, costs and expenses incurred for the Return (“Return Costs”) shall be borne by a person to whom the reason for the Return is attributable -- e.g., in the case of simple change of Buyer’s mind, the Buyer shall bear the Return Costs, while in the case of a defect in the purchased items, the Seller shall bear the Return Costs.
4. When applying for the Return, if the Buyer does not fill out the return invoice number or accurately notify (orally or in writing) the Seller of the reason(s) for the Return, the Return and refund process may be delayed.
5. As for the refund following the Return, after the returned item is received by the Seller and after the reasons for the Return and who to bear the costs and expenses for the delivery and Return Costs are confirmed, payment in cash will be refunded to the relevant Member’s Smile Cash account as Refund Deposit within three (3) business days,and the payment by credit card will be cancelled immediately; provided that taking the type and size of transaction, and credit rating of the buyer, etc. into consideration, the Company may promptly provide the buying Member with refund services (the “Fast Refund Services”) even before the selling Member confirms the receipt of return once the Company finds that the buying Member has delivered the goods for return. In this case, when it is found that the buying Member has been refunded by using the Fast Refund Services despite non-existence of any justifiable reason for the Return, the Company is entitled to claim the buying Member to return the refunded amount or deduct the refunded amount from the deposit of the buying Member such as Smile Cash, etc., and take measures as set forth in Section 31 against the buying Member who has been refunded by fraud or otherwise illegally. The Company shall publish detailed Fast Refund Services policy at a separate [Service Screen].
6. In case the Buyer has to bear the Return Costs, if the additional payment of the Return Costs is not made, the refund may be delayed.
Section 17 (Exchange): 1. A Member may request an exchange of the Seller’s items from the time such items are shipped by the Seller within seven (7) days after receipt of the delivery pursuant to applicable laws and regulations.
2. Even if an exchange is requested, an exchange may not be possible if the Seller has no stock for the exchange, and in such case, the request for exchange will be processed as a Return.
3. Costs and expenses incurred for the exchange (e.g., costs for delivery to and from the Seller) shall be borne by the Seller in the case of defect in the purchased items, and shall be borne by the Buyer in the case of simple change of mind.
Section 18 (Refund): 1. In the case of occurrence of any event for refund due to the Buyer’s cancellation of purchase or a return of the purchased items, the Company will have payment in cash refunded to the relevant Member’s Smile Cash account as Refund Deposit within three (3) business days, and the Company will have the payment by credit card cancelled immediately.
2. As a general rule, a refund of payment by credit card can be made only by way of cancellation of such payment.
3. If a Member intends to receive Refund Deposit using another bank account rather than its Smile Cash account, the Member may make a fund transfer request to have the funds transferred from its G-account to his/her/its own account separately designated as such .
4. This Section may apply differently to individual Services, which will be described separately in the individual Services.
Section 19 (Exceptions to Return, Exchange or Refund): In any of the following cases, the Buyer shall not demand a Return, exchange or refund:
1) if the item is lost, destroyed or damaged due to a cause attributable to the Buyer;
2) if the value of the item has notably decreased due to use or partial consumption by the Buyer;
3) if the value of the item has notably decreased due to the passage of time so as to make its resale difficult;
4) if the packaging of a duplicable media product (e.g., software, CDs, DVDs, etc.) is damaged; or
5) if the item is specially ordered and the Buyer consented in writing (electronic consent included) that, as such, returning the item will likely cause irreparable damage to the Seller.
Section 20 (Escrow Services): 1. In the pre-paid mail-order sales, the Company will seek safety of transactions for the Buyer by placing in escrow the payment of a purchase price from the Buyer and delivering the payment to the Seller after the completion of delivery.
2. The Company will request the Buyer to notify the Company of the receipt of the purchased items within three (3) business days from the receipt of such items (“Delivery Completion Date”).
3. If the Buyer has received the purchased items and clicks on the [Decision to Purchase] category, the Company shall deliver the payment to the Seller the next day (excluding Saturdays and public holidays), but if the [Decision to Purchase] category is not clicked on within seven (7) days after the Delivery Completion Date, the Company may deliver the payment to the Seller within two (2) business days from such date.
4. However, if the Buyer notifies the Company of his/her intent to cancel, return, or exchange the item before the Company has delivered the payment to the Seller, then the Company shall withhold the delivery of payment until further notice.

Chapter 4. Use of Additional Services of Gmarket

Section 21 (G-account Services): 1. “G-account” means the cyber-use-only account services provided by the Company, which is to provide a virtual account whereby a Member may manage cyber-money necessary for the use of for charge services of the Company, any amount that must be additionally deposited while using the Company’s services, any refund to be made by the Company to a Buyer, accumulated Smile Points, and so on.
2. The G-account services will consist of Smile Cash services, Smile Point services, Gmarket gift certificates, and so on.
3. Among the G-account services, Smile Point services will be available to the Members only.
Section 22 (Smile Cash Services and Gift Certificate Services): 1. As for specifics of Smile Cash, the provisions of the Terms of Use of Services For Electronic Financial Transactions will apply mutatis mutandis. The gift certificate services may be used in accordance with the “Terms of Use of Gift Certificates” and other guidelines as set forth by the Company.
2. If the Buyer has a debt payable to the Company or has a negative amount of Smile Cash, the Company may pay the balance after deducting such amount of debt when the Buyer requests payment of Smile Cash or Refund Deposit in cash.

Section 22-2 (G-cash)
1. G-cash is issued for free to a Member who wins events through Gmarket or Mobile Gmarket, and may be used for payment when purchasing items through Gmarket or Mobile Gmarket; provided, however, unlike Smile Cash, G-cash cannot be refunded.
2. The G-cash that the Company issues to a Member may be subject to an expiration date and limitations on use, which will be listed on the service webpage or notified through e-mail. A Member who does not meet the requirements for use cannot use G-cash, and any G-cash will automatically lapse upon the expiry of the valid term. G-cash will also automatically lapse upon the termination of a service use contract, whether by a Member’s withdrawal from Gmarket or otherwise.
Section 23 (Smile Point): 1. The Company may grant certain Smile Points to a Member if the Member purchases products on Gmarket or Mobile Gmarket, prepares product review, confirms delivery, or converts Business Partner Points; provided that if purchase of products is cancelled or the purchased items are returned, corresponding Smile Points granted by the Company at the time of purchase will be withdrawn.
2. Smile Points, if granted, will remain valid for two (2) years from the date of the grant, unless otherwise prescribed by the Company (in which case the Smile Points will remain valid for the otherwise prescribed term). Smile Points will automatically lapse upon the expiry of the valid term; provided that any mileage granted on or prior to July 1, 2014 will remain valid for three (3) years from the date of the grant.
3. Smile Cash and Smile Points may be granted and used in conjunction with the “Auction” Internet Open Market website (http://www.auction.co.kr) that the Company operates.
4. Smile Points cannot be withdrawn from the account as cash. Smile Points, unless prescribed otherwise by the Company, cannot be transferred to another party or used for illegal purposes. In the event Smile Points are transferred to another party or used for an illegal purpose in violation of the Company’s policy, the Company may withdraw the Smile Points or suspend the Member’s membership after notifying the Member in advance (or if advance notification is not possible, immediately afterwards) of the Company’s reasons for doing so.
Section 24 (Deleted)
Section 25 (Discount Coupon): 1. The Company or the Seller may issue discount coupons under which a Member using the shopping services may get discount at a certain rate or in a certain amount when the Member makes a purchase. Discount coupons refer to all item discounts, Enuri Coupons (Purchase Coupon) and Buyer Coupons.
2. The Member shall use discount coupons for the Member’s own purchase only, and shall in no event sell or transfer any of them in substance to another; provided that the Company may allow transfer of discount coupons on certain terms and conditions of transfer as prescribed by the Company, in which case the Member may transfer them on such terms and conditions only.
3. Use of discount coupons may be subject to limitations depending on the item or price of goods or services. No discount coupon may be used after the expiry of its valid term.
4. If the purchased items are returned or if the purchase is cancelled, after any discount coupon is used in relation to the underlying purchase, as a general rule, a used discount coupon may be reused; provided that reuse may be impossible in certain cases prescribed by the Company’s internal rules, such as, cancellation of a purchase due to simple change of mind, etc.
Section 26 (Deleted)
Section 27 (Overseas Shipping Service): 1. The Company will provide services to provide assistance in the process of international delivery of products (for which a sale and purchase contract is entered into) through international delivery networks that are in the business partnership with the Company. The stages of international delivery will consist of the following:
1) Domestic Delivery: up until the items purchased by a Buyer are warehoused in a distribution center of a third party that is in the business partnership with the Company; and
2) International Delivery: from the warehousing to the delivery to the recipient through international delivery networks.
2. In the case of international delivery, a sale and purchase contract may be cancelled at any time before the delivery of the purchased items, and a Return due to change of mind of a Buyer will be allowed only up to the stage of domestic delivery. As a general rule, no Return will be allowed once the stage of international delivery commences; provided that, as an exception, if the Company approves an exchange or a Return for a justifiable reason (e.g., an inherent defect in the purchased item, etc.), the purchased item may be returned even though its international delivery has been completed.
3. A Buyer who intends to obtain the Company’s approval for an exchange or a Return, shall submit objective evidencing materials to the Company to prove the reasons therefor, e.g., an inherent defect in the purchased item, and if such inherent defect is proved, the Seller shall bear all necessary costs and expenses incurred for an exchange or a Return, including without limitation delivery costs, etc.
4. If an exchange or a Return is approved by the Company, the Buyer shall contact the International Delivery Customer Center, return the purchased item through a post office located in the relevant area, and provide evidencing documents (i.e., evidence of delivery costs, etc.) to the Company.
5. (Delete)
6. International delivery costs are calculated based on the weight of the item as described in the product description. If the estimated international delivery costs paid at the time of purchase are less than actually incurred costs, delivery will be possible only if the Buyer makes the additional payment. If the international delivery costs are not fully paid within one (1) month despite the Company’s three (3) or more notifications, the purchase item will belong to the Company or be discarded.
7. The recipient shall bear all other costs and expenses that may incur and vary depending on the country of shipping/delivery (such as customs, taxes, etc.) in relation to the use of international delivery services.
8. In the case of return of the purchased item to the Company for the following reason, the Company will notify it to the Buyer by email or otherwise, and, if the purchased item is not picked up by the Buyer, the purchase item will belong to the Company or be discarded:
1) If it is returned because the item cannot be delivered as the address or information on the recipient is inaccurate or unidentifiable, or due to any circumstance attributable to the recipient; 2) If it is returned in the course of customs clearance – e.g., because import of the item to the country of recipient is prohibited; or 3) If it is returned otherwise due to any reason not attributable to the Company.
Section 28 (International Direct Purchase Services): 1. The Company will provide international direct purchase services to deliver from abroad to Korea products that are registered by a Seller located outside Korea and are purchased by a Buyer.
2. In the case of purchase using the international direct purchase services, a sale and purchase contract may be cancelled at any time while waiting for delivery arrangement, and if a delivery arrangement is requested after the Seller’s receipt of the order, the sale and purchase contract shall not be cancelled, but it shall be processed as a Return.
3. In the case of a Return, exchange, or refund for any purchases made via the international direct purchase services, Sections 16 through 19 shall apply mutatis mutandis.
Section 29 (Services of Financial Information/Information on Living): 1. The Company will provide services of financial information and information on living which will allow a Seller to (i) advertise or promote the Seller’s own insurance products, tour products, cars, and any other services on living and (ii) respond to the requests for consultation in the event a reservation/appointment is made (for which consultation is available if a reservation/appointment is made).
2. The Company will provide just the means for exhibition for a Seller’s provision of such services, and in no event participate in any of the process for consultation, subscription, payment and the like. The Company shall not take any responsibility therefor.
3. If an applicant has himself/herself/itself provided a Seller with information necessary to apply for the appointment/reservation of consultation (e.g., name, phone number, email address) with respect to any product for which consultation is available if a reservation/appointment is made, the Company shall take no responsibility for any illegality (such as a Seller’s misappropriation of personal information, etc.) that may arise out of the direct provision of the information.
4. The applicant shall be solely responsible for any and all issues and problems that may arise if the applicant has provided a Seller with false information or has applied with another’s information, to make an appointment/reservation of consultation (e.g., name, phone number, email address) with respect to any product for which consultation is available if a reservation/appointment is made.
Section 30 (Regular Customers of Mini-Shops): 1. “Mini-Shop” means a virtual place for sales, as provided by the Company to a Seller, and as operated as if it is the Seller’s personal shop. A Member may register as a regular customer of a Mini-Shop and use additional services provided by the Seller, such as various event opportunities, discount coupons, etc.
2. A Seller may by email send advertisements, coupons and the like to Members who are registered as regular customers of the Seller’s Mini-Shop, and the Members may refuse to receive them if they do not want to; provided that the names, email addresses and contact numbers of the Members who are registered as regular customers of a Mini-Shop of a Seller may be provided to the Seller to be used for the management of events hosted by the Seller.
Section 30-2 (Gmarket Gifting Service): 1. The provisions of this Chapter shall also apply to the Gmarket gifting service, except in cases where they are inapplicable in their nature.
2. The Company shall provide information regarding the delivery, acceptance, receipt, purchase decision, coupons, points, etc. of the gift, to the Member as well as the recipient of the gift.

Chapter 5. Management and Protection of Users

Section 31 (Management of Users): 1. The Company may take the following actions against a Member who has violated the T&C, applicable laws and general principles of commercial transactions:
1) withdrawal of benefits (in part or in whole) provided by the Company additionally;
2) restriction upon the use of certain services;
3) termination of a User Agreement; and
4) bringing a claim for damages.
2. If the Company intends to take any action provided in the foregoing section against the Member, the Company must in advance notify the Member thereof by phone or by email, and if inevitable (such as, if it is impossible to reach such Member or in an emergency situation), the Company may notify the Member after taking the action.
3. The Member may raise an objection to the action (to be) taken by the Company hereunder, if the Member has a reason for such objection.
Section 32 (Management of Member’s Credit Rating): 1. The Company may ascribe a certain credit rating to the Member, based on the amount, number and frequency of the Member’s purchase and other performance records and the like, and grant certain benefits depending on the respective credit ratings.
2. The Company may disclose any and all terms and conditions of the credit ratings ascribed to the Members and respective benefits granted by the Company, and any amendment to such terms and conditions on a separate webpage serviced by it.
Section 33 (Liability for Copyright Infringement): 1. The Company has established and enforces a policy to protect the copyrights of copyright owners in connection with the provision of the Services, and Members must comply with the copyright policy of the Company.
2. Copyright to various content posted on Gmarket (whether in its shopping Webzine, product review, Q&A or otherwise) shall be vested in the Member who prepared/posted the content using the shopping services provided by the Company, and if any such content infringes upon copyright of any other person, the Member shall be liable therefor.
3. If any copyright of a Member is infringed on Gmarket or Mobile Gmarket, the Member may protect his/her/its lawful right through the copyright infringement report center operated by the Company.
4. The Company may remove any content posted on Gmarket or take an action, such as placing restrictions on the use of certain services or terminating the User Agreement, etc. against the person who posted the content, in any of the following cases. In such a case, the Company shall make a prior notice to the related Member by means of phone or e-mail, etc.; provided that the Company may not send such prior notice if it is separately specified by applicable laws or if it is urgently necessary to restrict the use of such services:
1) if the laws and regulations of Korea are violated;
2) if an illegal product, or obscene content, of which sales are prohibited under applicable laws and regulations, is posted or advertised;
3) if it includes any untrue or exaggerated statements for advertisement;
4) if it infringes on other’s rights, reputation, credit or other lawful interests;
5) if a link inducing to a direct dealing (i.e., deviating Gmarket) or to another website is posted;
6) if it contains any malignant code or data that may cause a malfunction of IT equipment;
7) if it is against the social or public order in the society or against good morals and traditional customs;
8) if it is found impeding smooth operation of Gmarket or Mobile Gmarket services provided by the Company;
9) if it contains content related to criminal acts; or
10) if it contains content that instigates political or economic disputes.
5. For the purpose of promotion and advertisement of any products transacted on Gmarket, the Company may reproduce, distribute, transmit, or exhibit various posts prepared by its Members including but not limited to shopping Webzines, product reviews, and Q&A, etc. on other websites in partnership with the Company, or may revise or edit such posts to the extent not changing the essential substance thereof, in either case after obtaining prior consent from the Members.
Section 34 (Good Market Assurance Program): 1. The Company has established and enforces the “Good Market Assurance Program” consisting of the following, to assure fair and safe transactions in relation to the use of the Services of the Company:
1) Ethical Management Center;
2) Fair Trade Center;
3) Rights Infringement Report Center;
4) Safe Trade Center;
5) Personal Information Protection Center;
6) Minor Protection Center; and
7) Brand Protection Program.
2. The Company will set the procedures under which Members and lawful right-owners may report and resolve problems through the Good Market Assurance Program, in order to establish sound and transparent order of e-commerce.
3. Members shall with sincerity respond to the mediation through the Safe Trade Center under the principle of good faith and sincerity.
Section 35 (Customer Center): 1. The Company will operate the Customer Center for addressing customer concerns and resolution by mediation of a dispute between Members, or between a Member and a third party.
2. If the Company determines that the complaints and comments submitted by the Members are reasonable, then the Company shall address these concerns as soon as possible, by notifying the Members of the case progress within three (3) business days, and the results of its investigation and remedies within ten (10) business days.
3. Members shall, with sincerity, respond to the mediation process through the Customer Center.
Section 36 (Prohibited Activities): 1. Direct Dealing
1) For the safety of transactions, neither a Seller nor a Buyer may enter into any direct dealing or may avoid using the Escrow Service provided by the Company. Any party to a direct dealing shall enter into such direct dealing at its own responsibility for any and all issues and problems arising out of the direct dealing. The Company shall in no way be responsible for any such issue or problem.
2) If a Seller is found to have entered into or to have induced to enter into a direct dealing, a sales service user contract with the Seller may be terminated. Any Member may report to the Safe Trade Center operated by the Company, a Seller that has entered into or induced to enter into a direct dealing.
2. Misbehavior in Auction
1) For the fair and smooth auction process, the Company prohibits any and all unfair misbehaviors in relation to auction, including without limitation, false bids, inveterate cancellation of winning bids, return of goods/services after purchase through auction, obstruction of participating in the bidding process, and manipulation of winning bid prices.
2) The Company may have any winning bid cancelled if it finds any misbehavior in auction, and the Company may also take any other actions (including without limitation placing restrictions on the offender’s participation in auction, and termination of a User Agreement) as the case may be.
3. System-related Misbehavior
1) No one may use the Services or access to the system in an unusual manner without utilizing the process and method provided by the Company for the use of Services.
2) It is prohibited to use the Services in a way different from normal usage, such as using automatic access programs, etc.
3) It is prohibited to collect and use the Services or information on the website for commercial profit purposes other than actual use in line with the purpose of the website, such as the sale or purchase of goods.
4) If any of the system-related misbehaviors as above is found by the Company, the Company may cancel benefits (whether in part or in whole) additionally provided by the Company, place restrictions on the offending Member’s use of certain services, terminate the User Agreement and take any other actions against the offending Member. If any damages arise out of the misbehavior, the Company may demand the offender to compensate for all such damages.
4. Settlement-related Misbehavior
1) No one may use the shopping services provided by the Company in another’s name or with the information on another’s credit card, bank account, and the like.
2) No one may conduct unusual settlement in a manner prohibited by applicable laws (such as, the Specialized Credit Financial Business Act), e.g., lending or borrowing funds to or from another in the disguise of sales of goods or provision of services. If any such misbehavior is found by the Company, the Company may terminate the User Agreement or suspend the transaction concerned and report it to the competent authority.
3) No one may conduct a purchase without any intent to actually make a purchase (e.g., where no delivery follows the purchase). If any such misbehavior is found by the Company, the Company may cancel the transactions concerned and impose sanctions as the case may be.
5. Re-selling
1) No one may purchase an item by temporarily listing the item at the lowest price on another open market or internet shopping mall for the purposes of forcing Gmarket to issue discount coupons, and then re-sell the item to a third-party buyer after the third-party buyer purchases the item with the discount applied.
2) The Company may place restrictions on the Members who are confirmed to have violated the prohibition on re-selling (first violation: a warning; second violation: suspended use for a certain period; third violation: permanent suspension), and the Company may request compensation if the Members’ actions result in damages.
6. Other Prohibited Activities
1) No Member may conduct any activity that causes damages or losses to the Company and interferes with fostering of fair market environment, by entering into unusual multiple transactions by utilization of discount rates, etc., provided by the Company. If any such misbehavior is found by the Company, the Company may cancel the transactions concerned and impose sanctions (including suspension of entering into any transaction) as the case may be.
2) The Company may suspend a Member’s eligibility/membership or refuse or limit the provision of services in any of the following events and may take other necessary measures to ensure compliance with laws and regulations, protect the rights of third parties, and secure the safety of the website, etc.
i) Export or re-export of Mobile Gmarket or tools in violation of export-related laws and regulations, rules or restrictions.
ii) Commercialization of Mobile Gmarket or data and software related to Mobile Gmarket.

Chapter 6. Miscellaneous

Section 37 (Relationship between Policies other than the T&C and Applicable Laws and Regulations): 1. Any matters not provided in the T&C shall be governed by the e-Commerce Act, any other applicable laws and regulations, and general commercial practices. 2. For transactions executed through the shopping service provided by the Company, the e-Commerce Act and other applicable laws and regulations shall primarily apply to the parties to the transactions, and neither party may claim to be released from its liabilities against the other party in reliance with the T&C. 3. If necessary, the Company may set out separate terms that apply to specific services (“Individual Terms”) and post the Individual Terms on the Gmarket homepage or otherwise for advance notification. 4. Amendment of the Individual Terms provided in Section 37.3 above will be posted for a 14-day period until the date immediately preceding the effective date. 5. Members shall pay attention to any amendment to the T&C and the Individual Terms, and when any amendment thereto is posted, Members shall review and check them.
Section 38 (Disclaimer): 1. As a mail-order intermediary, the Company only provides a transaction system that is based on the Gmarket or Mobile Gmarket platform. Parties to a transaction shall be responsible in the event of any disputes arising in connection with any transaction using the Gmarket or Mobile Gmarket transaction system.
2. Absent willful misconduct or gross negligence of the Company, the Company shall not be liable for any damages suffered by a Member or a third party due to temporary suspension of the Services pursuant to Section 11.2.
3. If the Company restricts or suspends the Services pursuant to Section 11.3, the Company shall on grounds of a force majeure event be released from any liability for damages.
4. The Company shall not be liable for any disruption or other interruption in the use of the Services that has arisen for a reason attributable to a Member.
5. The Company shall in no event be liable for any damages whatsoever, arising from a Member’s disclosure or provision of the Member’s personal information to another.
6. Transactions on Mobile Gmarket may not be conducted in real time. Transactions on Mobile Gmarket may be restricted or delayed due to issues with the wireless data service network, etc. used by the Member and the Member’s current location
Section 39 (Jurisdiction): With regard to any litigation to which the Company is a Party arising out of any disputes related to the T&C or the User Agreement, or any disputes between Members, the jurisdiction thereof shall be prescribed through mutual consultation between the parties thereto, and if there is no prior agreement, the competent court that has jurisdiction over such litigation shall be decided in accordance with the Civil Procedure Act.
Section 40 (Others): 1. The Company may, if necessary, change or suspend certain Services (or part thereof) temporarily or permanently by providing advance notice on the homepage of its website.
2. Neither the Company nor Members shall transfer any rights and obligations under the T&C to a third party without the express consent of the other party.
3. All agreements, memoranda of understanding, notices and other instruments additionally executed between the parties and any and all notices to Members by the Company by posting on Gmarket pursuant to changes in the Company’s policies, enactment and amendment of laws and regulations, public announcements and guidelines of the authorities, and the like, shall constitute part of the T&C.
4. The Company will inform Members of the main criteria that determine the order in which products appear when they search for products in an area that displays the sorting method.

Compliance Matters 1. Terms of Use of Mobile Gmarket

Application Use. The Company grants Members the right to use the Mobile Gmarket application (the “Application”) only for their personal use. Members shall not (a) alter, copy, disclose, license, sell or commercialize the Application or data or software related to the Application; (b) lease, lend, assign or transfer any rights to the Application to a third party; or (c) cause damage to Gmarket or Mobile Gmarket in any manner or use the Application for the purpose of interfering with another’s use or enjoyment of Gmarket or Mobile Gmarket. Members shall use the Application in accordance with all relevant laws and regulations. When using the Application, Members shall comply with all applicable third party terms of agreement (e.g., wireless data service agreements). Any Member who breaches these Terms of Use will be immediately terminated from using the Application.
The Application may not contain the same functionality available on the www.gmarket.co.kr website.
Intellectual Property. The Company owns, or is the licensee to, all rights, titles, and interests in and to its applications, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. Members will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from the Application and will not remove, obscure, or alter the Company's copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by the Application.
Disclaimer of Warranties. The Company disclaims responsibility for any harm resulting from Members’ use of the Application. The Application and the service(s) accessed by it are provided “as is,” “with all faults” and “as available.” The Company expressly disclaims to the fullest extent permitted by law all guarantees and express, implied and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights, and any warranties regarding the security, reliability, timeliness and performance of the Application. Members download and use the Application at their own discretion and risk, and they are solely responsible for any damages to their hardware device(s) or loss of data that results from the download or use of the Application. Bid update and other notification functionality in the Application may not occur in real time. Such functionality is subject to delays beyond the Company’s control, which may include but not be limited to delays and waiting times caused by the Member’s physical location or issues with the wireless data service network.
Limitation of Liability. The Company will not be liable to Members or any user for any use or misuse of the Application. Such limitation: (a) includes direct, indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if the Company has been advised of the possibility of such damages); (b) applies whether damages arise from use or misuse of and reliance on this Application, from inability to use this Application, or from the interruption, suspension, or termination of this Application (including any damages incurred by third parties); and (c) applies notwithstanding a failure of the essential purpose of any limited remedy and to the fullest extent permitted by law. Further, Members will not seek to recover any consequential, lost profit, special, indirect, or incidental damages from the Company. In some jurisdictions that do not allow the exclusion of damages or the disclaimer of warranties, such exclusions and disclaimers may not apply to the Members. Notwithstanding the foregoing, if the Company is found to be liable for any reason, its liability to Members or to any third party shall be limited to KRW 100,000.
Indemnification. Members will indemnify and hold harmless the Company and its parents, subsidiaries, officers, directors, shareholders, agents and employees, from any claim made by any third party due to or arising directly or indirectly out of Members’ conduct or in connection with their use of the Application, any alleged violation of the Mobile Gmarket Terms of Use, Privacy Policy or any applicable law or regulation. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by Members, but doing so will not excuse their indemnity obligations.
Changes to the Application or Terms of Use. The Company reserves the right to make changes to the Application or Terms of Use from time to time. Any material changes will take effect immediately for new users and upon the expiration of thirty (30) days after notification for current users. If Members do not agree to any change, please uninstall and discontinue using the Application. Any use of this Application after the thirty (30) day notice period will constitute a Member’s acceptance of any change.
Additional Rules. The terms of the user agreements and privacy policies at the country sites accessed by this Application will also apply to your use of this Application. Members are responsible for complying with trade regulations and both foreign and domestic laws. Members represent and warrant that they do not reside in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country, and they are not listed on any US Government list of prohibited or restricted parties. The Application or its underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Burma (Myanmar), Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States embargo; (b) to anyone on the US Treasury Department's list of specially-designated nationals or on the US Commerce Department's denied party or entity List; and (c) to any prohibited country, person, end-user, or entity specified by US Export Laws.
Additional Terms. Additional terms and conditions that apply to Members based on the mobile device the Application is installed on.
iOS - Apple: 1. These Terms of Use are an agreement between Members and the Company, and not with Apple. Apple will not be responsible for the Application and the content thereof.
2. The Company grants Members the right to use the Application only on an iOS product that Members own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
3. Apple shall have no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
4. Apple will not be responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.
5. Apple will not be responsible for addressing any claims by Members or any third party relating to the Application or Members’ possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
6. In the event of any failure of the Application to conform to any applicable warranty, Members may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to Members; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
7. Apple and Apple's subsidiaries are third party beneficiaries of these Terms of Use, and, upon the Member’s acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against Members.
Windows - Microsoft: 1. These Terms of Use are an agreement between Members and the Company, not Microsoft. The terms of use and privacy policies of Microsoft and, where applicable, the network operators that provide billing services for the Windows Phone Marketplace shall not apply to your use of the Application.
2. Members may install and use one (1) copy of the Application on up to five (5) devices they personally own or control and which are affiliated with the Windows Live ID associated with your Windows Marketplace account. Members may not install or use a copy of the Application on a device they do not own or control.
3. Microsoft, the Member’s device manufacturer, and (if applicable) the Member’s wireless carrier will not be responsible for providing support services for the Application.
4. Microsoft, the wireless carriers over whose network the Application is distributed (if applicable), and each of their respective affiliates and suppliers (collectively, "Disclaiming Distributors") will give no express warranty, guarantee, or conditions under or in relation to the Application. To the extent permitted under the applicable local laws, the Disclaiming Distributors exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose, and non-infringement.
5. Members, and not the Disclaiming Distributors, shall bear the risk of using the Application (even if the Disclaiming Distributors have been advised of the possibility of damages to Members). Members may have additional consumer rights under their local laws which these Terms of Use cannot change.
6. To the extent not prohibited by law, Members will not seek to recover any consequential, lost profit, special, indirect, or incidental damages from any Disclaiming Distributor.
Blackberry – Research in Motion: This Application uses network services and may incur additional network data charges (including additional charges when roaming).
1. To the extent permitted under your local laws, Research in Motion E-Commerce (Inc., Corp. & S.a.r.l.), the telecommunications carriers over whose network the Application is distributed (if applicable), and any third party merchant of record acting as a merchant of record for any transaction associated with the Application (collectively, "Disclaiming Parties") exclude any liability whatsoever in relation to the Application including without limitation in relation to the sale, distribution or use thereof, or the performance or non-performance of the Application.
2. The Disclaiming Parties are third party beneficiaries of this section entitled "Blackberry – Research in Motion" of the Privacy Policy and Terms of Use, and, upon the Member’s acceptance, the Disclaiming Parties as third party beneficiaries thereof will have the right (and will be deemed to have accepted the right) to enforce the terms of this section against the Member.

Addendum: Section 1 (Effective Date) The T&C shall become effective as of September 20, 2024.