Terms and Conditions
Article 1 (Purpose)
The purpose of these Terms and Conditions is to set forth the rights, obligations and responsibilities between Inomove Group, LLC (the “Company”) and the Member using electronic commerce system and its related Service (the “Service”) developed and provided by the Company and it’s internet site(http://www.artpoli.com) (the ‘Website” or “Artpoli”).
Article 2 (Amendment of the Terms and Conditions)
The Company may amend the Terms and Conditions at any time to the extent permitted under the Regulation of Standardized Contracts Act and any other relevant laws.
Article 3 (Definitions)
The terms used herein shall have the following meanings:
1. “Member(s)” means those who have registered their personal information with Artpoli to join as Members of Artpoli, who are classified into (i) “General Member” who is entitled to use a Purchasing Service and (ii) “Seller Member” who is entitled to use both Purchasing Service and Selling Service.
2. “Item(s)” means (i) any art work or artistic service including, but not limited to, a painting, an image and a photograph which is listed and/or provided to the Artpoli by the Seller Member so that the Company can provide the Service to its Members and (ii) any art work and related items produced and listed by the Company.
Article 4 (Types of Artpoli Services)
1. The list of the Services which the Company is as follows:
1. Online Item publishing and selling support (the “Selling Service”)
2. Online Item purchase support (the “Purchasing Service”)
3. Item information searching support
4. Discussing Item and Communicating with other Members
5. Other electronic commerce transaction related Services.
2. With respect to the Items listed by the Seller Member, the Company only develops and provides tools for the transactions between sellers and buyers and shall not bear any risks and responsibilities relating to the Items.
Article 5 (Exclusion of Liability)
1. The Company only operates, manages, and provides a system for trading Items between sellers and buyers and is not an agent of seller or buyer.
2. In connection with the transactions between the sellers and buyers through Artpoli, the Company does not guarantee the existence and genuineness of the quality, completeness, safety, and legality of the listed Items, non-infringement of third party rights, or the truthfulness or legality of the information entered by the sellers or buyers and data posted on the URL linked to the information entered by the sellers or buyers. The relevant Member bears all risks and responsibilities relating to such transactions: Provided, That in case of the Items produced and sold by the Company, the same shall not apply.
Article 6 (Execution of the Artpoli Purchasing Service Use Contract)
1. An application for execution of the Artpoli Service Use Contract (the “Use Contract”) is made if the person wishing to use the Service completes the on-line form provided by the Company and consents to the Terms and Conditions.
2. The Company may withhold its approval of an application in the following cases, among others:
1. Lack of facility capacity;
2. Technical difficulty;
3. False statement, omission or miswriting in the registered information;
4. At the Company’s reasonable discretion.
Article 7 (Personal Information of Members)
1. In the event of change in any personal information, Members must immediately update his or her information. Any damages caused by the failure to update personal information shall be borne by the relevant Member.
2. The Company will not use the Members’ information for any purpose other than the providing the Artpoli Services nor disclose such information to a third party without the relevant Member’s consent, unless such disclosure is required pursuant to applicable laws and regulations.
Article 8 (Maintaining of the password and Username)
Members are responsible for maintaining the confidentiality of the password and Username and are fully responsible for all activities that occur under his or her password and Username. The Company shall not be liable for any loss or damage arising from member’s failure to comply with this Article 8.
Article 9 (Termination of the Use Contract)
1. Termination by Members:
A Member may terminate the Use Contract at any time by providing notice to the Company, provided that the Member has taken the necessary actions to finalize any and all transactions at least seven days prior to the date of the termination notice.
2. Termination by the Company:
1. The Company may terminate the Use Contract in the event of occurrence or verification of the following:
a. infringement or damage upon the rights, reputation, credit or any other interest of the Company or any other Member or breach of Korean laws or public order and morals;
b. obstruction of the proper processing of the Artpoli Services provided by the Company;
c. circumstances in which the Company finds it necessary, in its discretion, to refuse to provide the Artpoli Services.
2. If the Company terminates the Use Contract, these Terms and Conditions shall continue to apply with respect to transactions executed before the termination.
Article 10 (Service Period and Suspension of Service)
1. The Service period under these Terms and Conditions shall be from the date of application for use of the Services until termination of the Use Contract.
2. The Company may temporarily suspend the Services in the event of repair, inspection, replacement and malfunction of computers and other information and communication facilities, interruption of communication and any force majeure event or any similar events beyond the Company’s control.
Article 11 (Execution of Purchase Contract and the Payment of Purchase Price)
1. A purchase contract is executed when a seller accepts a buyer’s offer to purchase a given Item based on the terms suggested by the seller.
2. The Company will provide methods for payment of the purchase price in cash, by credit card, or other means.
3. The Company may cancel the transaction if the purchase price is not paid within a certain time period after the order.
Article 12 (Delivery)
1. The delivery period shall be from the day following the day on which payment receipt is confirmed to completion of delivery.
2. Public holidays, weekends and any other days during which delivery is impracticable due to a force majeure event are not included as part of the delivery period.
Article 13 (Return/Exchange/Refund for Shipping within Korea)
1. A buyer may demand a refund or exchange of the purchased Items to the seller within seven days after receipt of the delivery pursuant to the Act on Consumer Protection in Electronic Commerce Transactions, except in the following cases:
1. the Item is lost or damaged due to causes attributable to the buyer;
2. the value of the Item has notably decreased due to use or partial consumption by the buyer;
3. the value of the Item has notably decreased due to passage of time so as to make resale difficult;
4. the packaging of a duplicable media product is damaged, unless the product itself has an original defect;
5. the Item is an art work produced separately and solely for the buyer’s order;
6. there are other reasonable grounds that preclude a buyer’s claim for refund or exchange.
2. The return delivery costs and necessary expenses for refund or exchange shall be borne by the liable party.
Article 14 (Return/Exchange/Refund for Overseas Delivery)
1. Return or exchange may be restricted for delivery to overseas pursuant to Article 17(2)5 of the Act on Consumer Protection in Electronic Commerce Transactions.
2. Once the Items are delivered to the recipient through the overseas delivery network, a return is not permitted unless the seller approves return or exchange due to an original defect in the delivered Item.
3. A buyer requesting the seller’s approval on return or exchange must prove the original product defect or other grounds for return or exchange by submitting to the seller objective evidence. The cost and expenses for delivery in connection with the return or exchange must be borne and paid in advance by the buyer.
4. In the event of using overseas delivery Service, the recipient is liable for all customs, taxes, duties and other cost imposed by the country to which the delivery is made.
Article 15 (Management of Members)
The Company may take any or all of the following measures against Members who have violated the Terms and Conditions and applicable law:
1. Restriction on use of all or part of the Services;
2. Termination of the Use Contract;
3. Claim for damages
Article 16 (Copyright Policy)
The Company has established and enforces a policy to protect the copyrights of copyright holders in connection with the provision of its Services, and Members must comply with the copyright policy of the Company.
Article 17 (Others)
1. If necessary, the Company may set out terms applied to specific Services (“Individual Terms”) and notify them in advance through Artpoli Website.
2. The Company may, if necessary, change or suspend certain services (or part thereof) temporarily or permanently. For major changes, the Company will give advance notice on its website, including its blog and other social media, or by email to protect members from having problems in using the Service.
3. The Company and Members may not transfer the rights and obligations under these Terms and Conditions to a third party without prior consent of the other party.
4. Agreements, electronic documents executed between the parties and notices on Artpoli to Members pursuant to the changes in the Company’s policies shall constitute part of these Terms and Conditions.
Article 18 (Jurisdiction and Governing Law)
1. Any legal proceedings brought in connection with disputes arising between the Company and any Member from Artpoli Services shall be submitted to the competent court having jurisdiction over the location of the head office of the Company.
2. Matters not provided for in the Terms and Conditions shall be governed by the applicable Law of South Korea.
Article 1 (Effective Date)
These Terms and Conditions shall become effective as of November 19, 2010.