Terms of Use
TAC , a Korean private registered company with the Business Licence 804-49-00357 , is located in Seoul and published the website accessible on www.nowinseoul.com
- SCOPE OF APPLICATION – ACCEPTANCE OF GTCS
TAC is pleased to welcome you to its Website (referred to as the « Site »). This Site is an informational and e-commerce site that is accessible on the internet and is open to all adults who are not merchants (referred to as the « Customer »), to whom TAC offers KOREAN PRODUCTS for sale under the TAC brand (referred to as the « Products »).
For application of these general terms and conditions of sale, it is agreed that TAC and the Customer will together be referred to as the « Parties ».
The Products offered for sale by TAC are those that are displayed on the Site on the day it is visited, subject to the available stocks.
If a Product is unavailable, the Customer will be promptly informed by email.
Any order of a product offered on the Site presumes that the Customer has read and accepted these general terms and conditions of sale. Therefore, the order will not be validated if the Customer has not ticked off the box « I certify that I have read these general terms and conditions of sale, and accept them ». Consequently, the fact of placing an order implies the Customer’s full and unconditional acceptance of these general terms and conditions of sale.
TAC reserves the right to correct the content of these general terms and conditions of sale at any time without advance notice. It is understood that they remain valid notwithstanding any changes that might be made therein, for all orders in process on the date of any such changes.
If an important term or condition has been inadvertently omitted, the matter in question shall be deemed to be governed by the KOREA practices and laws that customarily apply to on-line selling.
If any of the stipulations of these general terms and conditions of sale are deemed to be invalid or declared as such pursuant to a law or regulation, or by virtue of a decision rendered by a competent court, the other stipulations will remain in full force and effect.
- ORDER
2.1. Legal capacity to contract
The Customer declares under oath that he has the legal capacity to contract in accordance with the law ; that he is not a minor; and that he is not under a protective measure, in particular guardianship.
2.2. Creation of account
For an initial order, the Customer must open a « customer account » and fill out a form providing certain mandatory information, for TAC to take his order into account. Thereafter, for any new order, the Customer shall identify himself with his email address (identifier) and his password (which he must keep confidential) by clicking on the link « Identify yourself ».
The information transmitted by the Customer upon the opening of his account or upon each placement of orders must be complete, accurate and updated. Otherwise, TAC will not be able to execute the orders. If the Customer does not want to transmit such information, TAC will not be able to satisfy his order.
If the addressee’s identification data contain errors, TAC shall not be held liable for any consequences engendered thereby.
2.3. Placement of orders – Product characteristics
It is up to the Customer to select the Products on the Site that he wants to order. Placement of an order constitutes an obligation to pay for it.
The Product’s principal characteristics, properties and particularities are displayed on the Site. The Customer must take cognizance of them before placing an order.
TAC gives all due care to the accuracy of the display and description of Products offered on the Site (including photographs and graphics) within the limits of the technology and computer equipment that is used, in accordance with the highest standards in the market. However, it is possible that insubstantial errors might appear on the Site, which the Customer acknowledges and accepts.
A difference of perception between the Products and the photographs or graphics shown on the Site does not constitute nonconformity of the Product that is delivered. Also, minimal variations in the display of Products shall not render TAC liable in any regard or affect the validity of the sale.
After the Customer selects his Product on the Site’s page, the following page shows the selected Product, its description and composition, and the unit price.
The systems for automated recording of orders are deemed to constitute proof (not absolute) of the nature, content and date of the order. The Customer’s purchase confirmation constitutes an irrevocable acceptance of the order, which may be modified or cancelled only within the limits specified in these general terms and conditions of sale and by law.
TAC takes into account the order only after the Customer validates his payment on the Site. Our platform service will confirm to the Customer that the order is covered and the payment validated, at the email address transmitted by the Customer.
After the payment, TAC transmits to the Customer a document summarizing the order by email at the email address indicated thereby, immediately and, in any event, before delivery.
Said document, deemed to be an acknowledgement of receipt of the Customer’s order, contains all of the elements that constitute the contract between the Parties. The Customer may print the summarizing purchase order transmitted by email.
The Customer may monitor the progress of his order on the Site at any time in the « My account » rubric, or contact the Customer Service by email at [email protected] if he has any question related to his order.
TAC reserves the right to cancel the order of a Customer with whom there is a dispute regarding the payment of a previous order; and TAC may also cancel the order if the Products are not available. In the latter situation, TAC will promptly inform the Customer by email and will reimburse him for the price charged to the Customer’s bank card or his Paypal account.
- PRICES
3.1. With respect to online purchase
The prices are stated in euros, all taxes included for the Territories involved, The prices take into account the VAT rate in effect on the date of the order. Any change in the rate will be passed on to the Products after the date on which the new rate takes effect.
All of the prices are given subject to obvious typographical errors and/or computer bugs.
The prices are in effect throughout the period of validity indicated in the commercial offer. They are established pursuant to the economic conditions in effect at the time of the offer. TAC may revise or change them at any time. Any such changes, except for those related to taxes and special levies, apply only to orders validated subsequently thereto.
- SECURE PAYMENT
When the Customer places an order on the Site, he must immediately pay the price thereof.
The payment is to be made in cash and in full – unless the server is unavailable – immediately on the internet by a payment card issued by Carte bleu, Visa and Eurocard /Mastercard, via the secure platform of our bank partner, IBK.
The Customer’s bank card is debited upon confirmation of the payment transaction carried out by the Customer in the secure payment environment integrated in the Site by TAC’s financial partner. Hence, the Customer authorizes his bank in advance to debit his bank card based on the recordings or statements transmitted via said secure environment, even in the absence of invoices signed by the holder of the bank card.
TAC reserves the right to refuse an order or to withhold deliver if a dispute exists with the Customer, the Customer has failed to pay all or any part of a preceding order, banks have refused to authorize the payment by bank card, or in the event of a default in payment or partial payment. Under no circumstance shall TAC incur any liability in that regard.
- DELIVERY
5.1. Modes and prices
The order is delivered by Korea Post to the address indicated by the Customer within 10 business days following validation of the payment in accordance with article 2.3 hereinabove.
When placing his order, the Customer must precisely indicate his identification data as well as the delivery address if such is different from his personal address. An error in the delivery address or the place of delivery or any other problem that requires a new delivery will result in the Customer being charged the actual costs thereof; and such delivery will be subject to the payment of these additional costs.
5.2. Late delivery
in the event of a strike or any other exceptional situation that slows down or prevents delivery of parcels, TAC will extend every effort to inform the Customer of the status of shipment of his parcel, but cannot be held liable for the delay.
In any event, timely delivery may occur only if the Customer has sent TAC accurate information regarding the addressee’s name and address. In the event of an error, TAC shall not be held accountable for the impossibility of delivering the Products on time and at the place indicated.
5.3. Complaint
In the event of partial loss or defect upon delivery :
The Customer commits to verify upon delivery the number of delivered Products and the absence of any damage during shipment. In the event of a defect, the Customer shall write on the delivery slip clear, specific and detailed reservations with respect thereto.
The Customer shall submit a justified complaint by registered letter, within three (3) days of receipt of the ordered
if the shipper fails to prove that it gave the Customer the possibility of actually verifying the proper state of the Product, this deadline is extended to ten (10) days after receipt of the Product.
Otherwise, the Customer will be deemed to have received the Products in the quantity that was ordered and without damage, and will not be entitled to claim any indemnification.
In the event of total loss:
The Customer must submit the same complaint to the Customer service.
In the event of non-conformity of the delivered Product with the order:
The Product may be refused without additional costs for the Customer, or returned to the Customer service, in perfect condition and in its original packaging or in a packaging that provides similar protection. The Product will be exchanged without additional costs for the Customer.
6 LEGAL WARRANTY
In accordance with the law, it is specified that TAC guarantees the Customer, without additional payment and apart from the right of retraction, against:
– defective conformity of the
– and hidden defects of the Product
When his action is based on the legal warranty of conformity, the Customer :
– has two years following delivery of the Product within which to take action;
– may choose between repair or replacement of the Product,
– is exempt from providing proof of the existence of defective conformity of the Product for twenty-four months following delivery of the Product.
The legal warranty of conformity, from which TAC cannot exempt itself, or restrict the scope thereof, applies independently of any commercial warranty that might exist.
If an action based on the warranty against hidden defects is initiated within two years following the Customer’s discovery of a hidden defect, , the Customer may demand cancellation of the sale or a reduction of the sale price
Subject to the foregoing, any return of a Product by the Customer must be agreed to beforehand by TAC, which may request any elements that support the Customer’s complaint: e.g. details, photographs, etc.
In the event of non-conformity of a delivered Product, the Customer may request TAC either to repair or replace it. However, TAC may refuse the mode of redress proposed by the Customer and choose the other mode, if the Customer’s choice engenders a cost that is disproportionately greater
Also, the Customer may request a price reduction or rescission of the contract in the three following cases: (i) if a repair or replacement is impossible; (ii) if the Product involved cannot be brought into conformity within one month following the Customer’s complaint, or (iii) if the Product cannot be brought into conformity without creating a major inconvenience for the Customer given the nature and the intended use of the Product. However, rescission of the contract cannot be requested for a minor lack of conformity.
The Customer is advised to provide proof of the return.
Products that the Customer returns incomplete, modified, spoiled or damaged will not be reimbursed, replaced or repaired.
Subject to compliance with the conditions set forth hereinabove, if the Customer incurs costs for the return of an article (other than an Outlet article) that shows a lack of conformity which is verified by TAC, TAC will be responsible for reimbursing the return postage according to the price list (delivery by Korea Post without being registered) displayed by the Post Office as of the 1st March of the current year, by using the same means of payment that was used to pay for the order (credit to the bank account related to the bank card that was used), within thirty (30) days following TAC’s receipt of the returned Products. The Customer must transmit documentation of the costs of return incurred to the Customer service at the following address : [email protected]. In the event of abnormal or abusive complaints, TAC reserves the right to refuse reimbursing the Customer for the costs of return.
7 TIME FOR RETRACTATION
regarding consumption, the Customer has fourteen (14) calendar days from receipt of the Products ordered on the Site, within which to exercise his right to retract without a need to provide reasons for his retraction and without the payment of penalties.
If the Customer wants to retract, he may do so by using the retraction form provided for that purpose, which is available:
- in the Product shipment package;
- or may do so by a very clear statement expressing his intention to retract, prior to expiration of the aforesaid time limit
, the Customer must return the Products within fourteen (14) days following the communication of his decision to retract. It is the Customer’s responsibility to provide proof of this return, with the costs and risks thereof being borne by the Customer.
In case of return of the product, with no issue in the order or the product, please send it back at your cost to our nearest logistic platform in Europe (France, UK, Germany)
A return shipping fee will be charged and deducted on the amount to be reimbursed from your order according to the size and weight of the product returning to Korea.
Subject to compliance with the time limit and the conditions set forth hereinabove, TAC will reimburse the total amounts paid by the Customer, including the costs of initial delivery that TAC may have billed to the Customer, by using the same means of payment that was used to pay for the order (credit to the bank account related to the bank card that was used), within fourteen (14) days following the date on which the Customer informed TAC of the exercise of his right of retraction.
If the Customer does not exercise his right of retraction as stipulated above, whereas he has reshipped the Product to TAC, the Customer may again receive, at his expense, the Product he returned in the state in which it was returned to TAC.
A retraction after a period of fourteen (14) days will be rejected, and TAC will be released from any responsibility in that regard.
8 LIABILITY
TAC disclaims all liability, including under the legal warranties, in the following situations:
– The Customer’s failure to follow the instructions for maintenance and cleaning of the Product.
– Normal wear and tear of the Product
– Abnormal use or preservation of the Product,
In any event, consequential damage and/or indirect financial loss are not covered. TAC’s warranty is limited strictly to replacement or reimbursement of Products that are non-conforming or defective.
TAC has an obligation only of best efforts with respect to all of the stages of access to the Site, the order process and finalization of payment.
TAC does not assume any liability or give any guarantee with respect to defective functioning of the internet, particularly a delay in transmissions or any other malfunctioning. TAC does not give any guarantee with respect to non-blocking of messages transmitted by electronic means.
TAC disclaims any and all liability for temporary or permanent damage to the Customer’s computer system, or for any losses or damage that might be incurred, particularly following access to or surfing on the Site.
The transmission of data via the internet may entail errors and/or the fact that the Site is not continuously available. Consequently, TAC disclaims any and all liability for unavailability or interruption of the online service.
TAC does not assume any liability whatsoever if a Customer uses the Site in a fraudulent way.
9 FORCE MAJEURE
TAC’s liability shall not be sought in the event of belated execution of any of its obligations or the inability to execute any of them, following:
- a situation of force majeureas defined in case law;
- labour conflicts, partial or total strikes at sales outlets, suppliers, service providers, carriers, telecommunications, public services, etc.;
- interruption of supplies, electrical power and transportation;
- general governmental decisions;
- or any other cause that is beyond TAC’s control.
The Party impaired by an event of force majeure must promptly inform the other Party of its inability to execute its obligations. Under no circumstance shall a suspension of its obligations constitute a cause of liability for a failure to execute the obligation in question, or lead to the payment of damages.
As soon as the event responsible for the suspension of their obligations disappears, the Parties shall extend every effort to resume normal execution of their obligations.
Thirty (30) days after the interruption of delivery by virtue of force majeure or similar causes, TAC reserves the right to decline to honor the order, with it being responsible for reimbursing the Customer within thirty (30) days following the cancellation thereof.
10 COMPUTERIZED DATA PROCESSING AND INDIVIDUAL RIGHTS
All of the texts, comments, photos, trademarks, graphics, designs, illustrations and images comprising the Site are TAC’s property and are protected by intellectual property rights in (KOREA) and throughout the world. Any total or partial reproduction of the Site is strictly prohibited.
The collection of nominative information for online sales is mandatory, since such information is indispensable for processing and forwarding orders and issuing invoices. A failure to provide the required information results in invalidation of the order.
To make purchases on the Site, the Customer must create an account and select an email address and a password that he uses whenever he wants to access the Site. Hence, the Customer’s personal information is protected by a password in such a way that only the Customer has access to it. TAC advises the Customer not to disclose his password. The Customer must also disconnect from his profile and close the window of his navigator at the end of each working session, particularly when he uses group computer equipment. The Customer will thus prevent other users from getting access to his personal information. The Customer alone is responsible for his password, and bears the consequences of any fraudulent use thereof.
In accordance with the General Data Protection Regulation, personal information regarding Customers is subject to secure processing. In particular, the Customer has the right to access, modify, rectify and delete his data, which he may exercise with TAC.
To exercise these rights, the Customer should send an email at the following address [email protected]
Moreover, TAC commits that it will not transmit — either free of charge or for payment of a consideration — its Customers’ identification data to a third party. However, it may use these data for itself or for companies of the same group.
In that regard, TAC advises the Customer to consult its confidentiality policy regarding personal data processing, which is accessible on the Site.
11 NON-WAIVER
The fact that TAC abstains from requiring the execution of any provisions of these GTCS at a particular time shall not be deemed a waiver of its right to subsequently invoke said total or partial non-execution.
12 APPLICABLE LAW – LANGUAGE
These general terms and conditions of sale and the order confirmation transmitted to the Customer constitute a contractual whole and the entirety of the contractual relationships between the Parties.
13 JURISDICTION
Any disputes that might arise regarding the validity, interpretation, execution, rescission and consequences of purchases and sales carried out pursuant to these GTCS, which TAC and the Customer are unable to resolve, will be submitted to the competent courts pursuant to the terms and conditions of general law.
14 PRECONTRACTUAL INFORMATION– ACCEPTANCE BY THE CUSTOMER
Prior to placing his order, the Customer acknowledges that he has received in a clear and comprehensible way these GTCS and, in particular:
– The Products’ essential characteristics, taking into account the communication medium that is used and the Products involved.
– The price of the Products, and the ancillary costs (e.g. delivery).
– In the absence of immediate execution of the contract, the date or time specified by TAC for delivery of the Product.
– The information regarding the seller’s identity (TAC), its postal address, telephone number, email address, and its activities, if they fall within the context.
– The information regarding legal warranties and the terms and conditions for exercising them.
– The functionalities of the digital content and, if applicable, its interoperability.
– The right of contractual mediation in the event of a dispute.
– The information related to the right of retraction (existence, conditions, time limit, modes of exercising this right, and the retraction type form), the costs of return of Products and other significant contractual terms and conditions.
The fact that a Customer places an order on the Site carries with it full adherence and acceptance of these GTCS, which is expressly acknowledged by the Customer, who, in particular, waives the right to invoke any contradictory document, which would be unenforceable vis-à-vis TAC.
