Terms and conditions of use

TERMS AND CONDITIONS FOR THE SMPdoll.shop ONLINE SHOP

 

§ 1

GENERAL PROVISIONS

  1. These Terms and Conditions shall govern all use of the SMPdoll.shop online Shop by all Users.

  2. The Terms and Conditions stated herein set forth: the conditions of concluding and terminating Product Sales Agreements, the course of the complaints procedure as well as the type and scope of electronic services rendered through the SMPdoll.shop online Shop, the conditions of rendering the electronic services and the conditions for concluding and terminating electronic services agreements.

  3. By using the Electronic Services available through the Shop, the User agrees to be legally bound and to abide by these Terms and Conditions.

  4. To all matters not settled herein the Korean law shall apply.

§ 2

DEFINITIONS FOR THESE TERMS AND CONDITIONS

  1. REGISTRATION FORM − shall refer to the electronic form available at SMPdoll.shop required for Account registration.

  2. ORDER FORM – shall refer to the electronic form available at SMPdoll.shop, required for Order placement.

  3. CUSTOMER – shall refer to a Consumer-User concluding a Sales Agreement with the Seller.

  4. CONSUMER – shall refer to any natural person with a full capacity to perform legal acts, entering into a transaction with the Seller for purposes that are outside their business, trade or profession.

  5. ACCOUNT – shall refer to the assigned individual username (login name) and password providing access to an organised collection of digital content, including details for individual orders, stored on the Service Provider’s ICT-System.

  6. NEWSLETTER – shall refer to the free subscription e-mail information service allowing Users to receive updates on the Products available via the Shop.

  7. PRODUCT – shall refer to any movables or services covered by a Sales Agreement concluded between the Customer and the Seller via the online Shop.

  8. TERMS AND CONDITIONS − shall refer to the Terms and Conditions contained herein.

  9. SHOP − shall mean the Service Provider’s online Shop located at SMPdoll.shop.

  10. SELLER, SERVICE PROVIDER 

    SMP Jolanta Anna Konieczna
    Hwajung Booyoug APT 501/603
    7 Haebancheon-ro, 168 beon-gil, Gyeongsannam-do
    50898 Gimhae
    South Korea
    Email us: shop.kr@smpdoll.com

  11. SYSTEM OF REVIEWS – shall refer to an electronic service enabling Customers to evaluate the processing and execution of transactions.

  12. SALES AGREEMENT – shall refer to any Product Sales Agreement concluded between the Customer and the Seller through the Shop.

  13. ELECTRONIC SERVICES – shall refer to the services provided electronically by the Service Provider via the Shop.

  14. USER − shall refer to any natural person, a corporate or non-corporate entity granted legal capacity under imperative provisions of law, using the Electronic Services.

  15. ORDER – shall refer to the Customer’s declaration of intent to enter into a Product Sales Agreement with the Seller.

 

§ 3

PRODUCT AND ORDER INFORMATION

  1. SMPdoll.shop conducts retail sales of Products via the Internet solely to Consumers.

  2. Products offered through the Shop are made to order or brand new, free from physical or legal defects and have been lawfully introduced into the market.

  3. The information provided at SMPdoll.shop does not constitute an offer as defined by applicable law. By placing an Order, the Customer makes an offer to buy a selected Product under the terms set forth in the Product description.

  4. The Product prices at SMPdoll.shop are given in US dollars and include all measurable costs, such as taxes. The prices DO NOT include delivery fees.

  5. The Product prices at SMPdoll.shop only become binding when the Customer has placed an Order. This price is unaffected by any price changes once the Order has been placed.

  6. Orders can be placed:

    1. Through the website by completing an Order Form at SMPdoll.shop,

    2. Via e-mail at: shop.kr@smpdoll.com,

  1. The Customer is not required to register an Account to place an Order.

  2. Customers are required to read and acknowledge these Terms and Conditions during Order placement.

  3. Orders are processed between: 8:00 and 16:00, Monday to Friday on Working Days. Orders placed after 16:00 on Working Days as well as Orders placed on a Saturday, Sunday or a public holiday shall be processed the next Working Day.

  4. Special priced Products (promoted as part of a sale) are only available in limited numbers. Orders for special priced Products will be processed in the order in which they are received, until the Products are sold out.

 

§ 4

CONCLUDING SALES AGREEMENTS

  1. In order to conclude a Sales Agreement, the Customer must place an Order, in accordance with the rules set forth under § 3 points 6 and 8, by choosing one of the methods made available by the Seller.

  2. After placing a purchase Order, the Customer immediately receives an Order confirmation from the Seller.

  3. Receiving an Order confirmation from the Seller is the point at which the Order becomes binding on the Customer. The Order confirmation and acceptance is sent to the Customer via email.

  4. After receiving the confirmation email the Sales Agreement between the Customer and the Seller is finally concluded.

     

§ 5

METHODS OF PAYMENT

  1. The following payment options are made available to the Customer:

    1. Electronic payment via electronic payment system PayPal

  2. All electronic payments must be made before an Order can be processed.

  3. The Customer shall pay the amount equal to the purchase price specified in the Sales Agreement upon placing an Order.

  4. If the Customer chooses the payment option set forth under point 1.1 the Product shall be dispatched only after payment is received.

 

§ 6

DELIVERY COST, TIME AND METHOD

  1. Delivery charges shall be stated at the time of ordering and are dependent upon the chosen payment and delivery method.

  2. The delivery time depends on how long it takes the Seller to process an Order and how long it takes the carrier to deliver the Product to the Customer once it is dispatched.

    1. The order processing time takes 30 to 40 Working Days from the date of payment of the purchase price.

    2. Products are delivered within 1 to 3 Weeks from the date of posting – depending on the part of the world you live in amd the shipping method, some may be prone to delays and extended delivery time.

  3. All Products are sent via Korea Post.

§ 7

COMPLAINTS PROCEDURE

 

  1. Statutory warranty process.

    1. Notice of a Product defect and all demands should be submitted via email to the following address: shop.kr@smpdoll.com.

    2. The notice should contain sufficient detail about the subject of the complaint and about the circumstances giving rise to the issue. Specifically, complaints should include information about the nature of the issue, the date when the issue first arose as well as the complainant’s contact details. Providing all necessary data will speed up the complaint-handling process.

    3. Where inspection is deemed necessary to determine the scope of the defect, the defective Product shall be returned to the following address:

      SMPdoll
      Hwajung Booyoug APT 501/603
      7 Haebancheon-ro, 168 beon-gil, Gyeongsannam-do
      50898 Gimhae
      South Korea

    4. A response to the Customer’s demand shall be sent promptly and, in any event, no later than within 14 days following the date of receipt of the complaint.

    5. In the case of complaints submitted by Consumer (Customer) - the Seller’s failure to consider the Customer’s complaint within 14 days of its receipt shall be construed as tantamount to a decision in the Customer’s favour. If a claim is decided in favour of the Consumer (Customer) the Seller shall bear the costs and expenses incurred in connection with the pick-up, delivery and replacement of the defective Product with one free from defects.

    6. A response to the complaint is delivered to the Consumer via email.

 

§ 8

RIGHT TO WITHDRAW

  1. Consumer (Customers) have the right to withdraw from a distance agreement within 14 days without giving any reason for the withdrawal. To exercise the right of withdrawal the Consumer (Customer) must notify the Seller of his decision to withdraw from the agreement by an unequivocal written statement (e.g. by submitting the model withdrawal statement provided by the Seller). The statement can be generated with the document generator available on the website.

  2. In the case of withdrawal from a Seles Agreement, the agreement is considered null and void, the Consumer must return the IN-STOCK Product to the Seller or any person authorised by the Seller do receive the IN-STOCK  Product on his behalf without delay and no later than within 14 days from the date of withdrawal from the Agreement, unless the Seller offered to pick up the IN-STOCK  Product from the Consumer. To comply with the time limit it is sufficient that the IN-STOCK  Product is dispatched on time.

  3. In case of withdrawal from a Sales Agreement the IN-STOCK  Product should be returned to the following address: 
    SMPdoll
    Hwajung Booyoug APT 501/603
    7 Haebancheon-ro, 168 beon-gil, Gyeongsannam-do
    50898 Gimhae
    South Korea

  4. The Consumer shall be held responsible for any diminished value of the IN-STOCK Product resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the IN-STOCK  Product. In order to establish the nature, characteristics and functioning of the IN-STOCK  Product, the Consumer should inspect the IN-STOCK Product as he would be allowed to do in physical store.

  5. Apart from points 6 and 8 of this chapter the Seller shall reimburse to the Consumer the full amount paid, including the cost of delivery. The refund shall be made in the same method of payment that the Consumer used for the initial transaction, unless the Consumer has expressly agreed on a different refund method which does not incur any costs on the Consumer’s part.

  6. The Shop shall not be required to reimburse the supplementary costs resulting from the Consumer’s choice of a type of Product delivery other than the least expensive type of standard delivery offered by the Shop.

  7. If the Seller does not offer to pick up the return from the Customer himself, the Seller may withhold reimbursement until he has received the Product back or until the Consumer has supplied evidence of having sent back the Product, whichever occurs first.

  8. The Consumer who withdraws from a Sales Agreement under point 1 of this chapter, must only bear the direct cost of returning the Product to the Seller.

  9. The “cooling-off” period expires 14 days after the day the Consumer received the IN-STOCK Product, or in the case of a service after the day of concluding an agreement.

  10. The right of withdrawal in any event DOES NOT apply to Sales Agreements for the supply of:

    1. PRE-ORDER items that are considered products made to the Consumer’s specification. Non-prefabricated, personalized Products made on the basis of and individual choice of or decision by the Consumer.

    2. products delivered sealed, subsequently unsealed, which are not suitable for return for reasons of hygiene or health protection.

    3. goods which become mixed inseparably, according to their nature, with other items after delivery.

    4. a service, after the service has been fully performed, the performance of the service begun with the Consumer’s prior express consent and with the acknowledgement that the Consumer would lose his right of withdrawal once the Agreement had been accepted by the Seller.

  11. Both the Customer (Consumer) and the Seller have a legal right to cancel the Sales Agreement in the event that the opposite party fails to fulfill its obligations under the Agreement within the set deadline.

 

§ 9

TYPE AND SCOPE OF ELECTRONIC SERVICES

  1. The Seller grants access to the following Electronic Services:

    1. concluding Product Sales Agreements,

    2. managing the Website Account,

    3. access to the Newsletter,

    4. using System of Reviews.

  2. These Terms and Conditions shall apply to all Electronic Services provided through SMPdoll.shop

  3. The Seller reserves the right to display advertising content at SMPdoll.shop Advertisements are an integral part of the online Shop front and the materials presented therein.

 

§ 10

CONDITIONS OF PROVIDING SERVICES AND CONCLUDING ELECTRONIC SERVICES AGREEMENTS

  1. The Electronic Services set forth under § 9 point 1 of these Terms and Conditions are free of charge.

  2. Term of the agreement:

    1. Electronic Services Agreements for Account management are concluded for an indefinite period of time.

    2. Electronic Services Agreements enabling the User to place an Order are concluded for a definite period of time and terminate upon placement or withdrawal of the Order.

    3. Electronic Services Agreements for the provision of Newsletter is concluded for an indefinite period of time.

    4. Electronic Services Agreements enabling the User to post a Review on the website is concluded for a definite period of time and terminates once the User submits or ceases to submit a Review.

  3. End-user hardware, network and software requirements for the ICT system used by the Seller:

    1. a computer (or a mobile device) with an active Internet connection,

    2. access to email account,

    3. Internet browser,

    4. enabling cookies and Javascript in the Internet browser.

  4. The User agrees to use the Shop in accordance with the principles of good practice, only for lawful purposes and in a manner, which does not infringe the personal rights and intellectual property rights of any third party.

  5. The User is obliged to provide accurate and complete information to the Seller.

  6. The User is prohibited from providing any unlawful or illegal content.

 

§ 11

COMPLAINTS PROCEDURE FOR ELECTRONIC SERVICES

  1. Complaints about Electronic Services provided via SMPdoll.shop should be submitted via email to shop.kr@smpdoll.com.

  2. All complaints should contain sufficient detail about the subject of the complaint and about the circumstances giving rise to the issue. Specifically, complaints should include information about the nature of the issue, the date when the issue first arose as well as the complainant’s contact details. Providing all necessary data will speed up the complaint-handling process.

  3. All complaints shall be resolved promptly and, in any event, no later than within 14 days following the date of receipt.

  4. A response to the complaint shall be sent by email.

 

§ 12

CONDITIONS OF TERMINATING ELECTRONIC SERVICES AGREEMENTS

  1. Terminating an Electronic Services Agreement:

    1. Continuing and indefinite-term Electronic Services Agreements (e.g. Account management agreement) may be terminated.

    2. The User may terminate the agreement for convenience and with immediate effect by sending an appropriate statement to the following e-mail address: shop.kr@smpdoll.pl.

    3. The Seller reserves the right to terminate continuing and indefinite-term Electronic Services agreements in the event that the User violates any obligation deriving from these Terms and Conditions. This applies particularly to Users who provide illegal content and continue to do so despite receiving a cease and desist letter from the Seller with a reasonable deadline for compliance. The termination shall be effected within 7 days of serving an advance notice in writing (agreement termination period).

    4. The notice of termination leads to a cessation of legal relations with the effect for the future.

  2. Both the Service Provider and the User may terminate an Electronic Services agreement at any time by mutual agreement of the parties.

 

§ 13

INTELLECTUAL PROPERTY

  1. The compilation of all content at SMPdoll.shop (with the stipulation of § 13 point 3 as well as content used under a license, assignment of copyrights or fair use) is protected by copyright law and is the exclusive property of
    SMPdoll
    Hwajung Booyoug APT 501/603
    7 Haebancheon-ro, 168 beon-gil, Gyeongsannam-do
    50898 Gimhae
    South Korea
    tax id: 773 03 02581
    Email us: shop.kr@smpdoll.com

    The User shall bear all liability for damages caused to the Seller caused by any use of the content of the website SMPdoll.shop without the consent of the Seller.

  2. Any use or reproduction of the content of the website SMPdoll.shop or any portion thereof without the express written consent of the Seller constitutes a copyright infringement and is punishable under civil and criminal law.

  3. All trade names, Product names, Company names or logos mentioned on SMPdoll.shop may be registered trademarks, are the property of their respective owners and are used solely for identification purposes. All materials, descriptions and photos presented at SMPdoll.shop are used for information purposes only.

 

§ 14

FINAL PROVISIONS

  1. Agreements concluded through the Shop are construed in accordance with the laws of Korea.

  2. Should any provision of these Terms and Conditions be prohibited by applicable law, the provisions of Korean law shall apply in lieu of the unenforceable provision.

  3. Any disputes between the Shop and Consumers arising out of or in connection with a Sales Agreement shall be resolved in the first instance through amicable negotiation between the parties with the intention of amicable settlement of the dispute in accordance with the Act on out-of-court consumer dispute resolution. Should such resort prove of no avail or unsatisfactory to any of the parties, disputes shall be resolved in a court of competent jurisdiction under point 4 of this section.

  4. Judicial dispute settlement procedures:

    1. Any disputes arising between the Service Provider and the consumer User (Customer) shall be resolved by a court of competent jurisdiction.

    2. Any disputes arising between the Service Provider and the non-consumer User (Customer) shall be settled by the court having jurisdiction over the Seller’s registered office.


04.04.2023