TERMS OF USE

tERMS AND CONDITIONS OF USE

IFXY web shop (hereinafter the “site”) is managed and operated by following companies,:

IFXY authorized XFO Inc. (hereinafter ‘XFO’), a company incorporated under Korean law, with registered office in Dosan-daero 145, Gangnam-gu, Seoul, to act as the online/offline distributor of IFXY goods, manage all sales operations and transactions executed as part of online goods sales, such as : order management, management of returns, warranties, payments and billing. XFO will operate the site in his respective role and hereafter collectively referred to the ‘”company/companies”.

 

Article 1 (Application of Terms and Conditions)

This terms and conditions of use and other related terms and conditions such as Membership Regulations and Privacy Policy (hereinafter collectively the “Terms”) shall apply to all the services provided by the Site to any customer who access the Site (including, but not limited to the Members as defined in Membership Regulations, hereinafter the “Customer”).

 

Article 2 (Use of the Site)

1.Customers shall use the Site in accordance with the Terms. Customer shall deem to have agreed any and all the Terms when Customer use the Site.

2.Article 2.1 hereof, if we cause some damage due to a Customer’s infringement of any terms and conditions of the Terms, the Customer shall compensate any and all damages, costs and expenses incurred by the Company/Companies.

 

Article 3 (Purchasing the Goods)

1.Customers may purchase the Goods (as defined below) by using the Site.

2.The goods sold via the Site (hereinafter the “Goods”) to the Customer are sold by XFO.

3.If a Customer would like to purchase the Goods, the Customer shall place a purchase order for the Goods in accordance with the procedure designated by the Site. When a Customer complete the procedure, an e-mail is sent from the Company in the name of “IFXY” that contains the details of the order (hereafter “Order Completion Mail”) will be sent to the Customer. At the time when a Order Completion Mail is reached to the Customer, the sale and purchase contract for the Goods between the Customer and XFO (hereinafter the “Individual Contract”) is taken to have been completed. However, if the Customer has ordered multiple Goods in a single order but there is the Goods which is not listed in the Order Completion Mail, the Individual Contract is not completed for such non listed Goods.

4.For any reason, if the correct retail price for the Goods is different from the price listed on the Site, then the Company may, at its sole discretion, either (a) notify the correct price for the Goods to the Customer, and, upon the confirmation by the Customer regarding the keep of the sales and purchase contact for the Goods, continue to perform in accordance therewith, or (b) cancel the Individual Contract upon the notification therefor. In any case, the Customer may not purchase any Goods with the incorrect price.

4.Claim for the difference between the Goods displayed in the Site and the actual one delivered is not accepted in any case/reason. (For example, (i) it depends on the settings of the monitor used by the Customer, (ii) colors and others may differ slightly from the picture displayed in the Site and the actual one).

5.Claim for the difference between the size of the Goods displayed in the Site and that of the actual one delivered is not accepted in any case/reason. (the actual size of the Goods depends on the brand specification, fabric and design, etc,

6.If a purchase order is made for a new goods before release (for the case of pre-order reservation, etc.,) or a made-to-order goods, such Goods will be shipped according to the release date thereof.

7.Whether or not the Customer orders the Goods on the same day or on different days, the Goods ordered separately shall not be bundled or exchanged each other.

8.Cash on delivery fee will be charged to the Customer if the Customer chooses cash on delivery. In addition, the total price of the Goods for one order when the Customer chooses cash on delivery shall be up to KRW1,000,000 (inclusive of tax). If the total price of the Goods for one order exceeds KRW1,000,000 (inclusive of tax), the Customer shall divide such order as the total price of the Goods for each a order is up to KRW1,000,000 (inclusive of tax).

9.Even before the completion of each Individual Contact, it may not be canceled as the period from the Customer’s order to the Company’s agreement is too short. Only when there is special affairs and before the Company agrees the Customer’s order, the Customer is permitted to contact the following contact address regarding the request for the cancellation of the Individual Contract (provided however that this never mean such request is always accepted). Contact Address : IFXY (Hours of Operation 10am-5pm (except Saturday, Sunday and holiday including Year-end and New Year’s holiday)

10.Title to and risk of loss of each Goods purchased via the Site shall be transferred at the time the Goods is delivered by the Company to the delivery agent regardless of terms of payment. Provided, however that, due to the delivery agent’s willfulness or negligence, the Goods is lost before the delivery to the designated delivery destination, the Company shall be liable to such loss.

 

Article 4 (Payment)

1.The Customer may choose as the payment method (i) payment by a credit card in the name of the Customer or (ii) cash on delivery for the payment of the Goods purchased via the Site. If a Customer chooses payment by credit card as the payment method, terms and conditions as stipulated in an agreement for such credit card between the Customer and the credit card company shall apply.

2.In case a dispute arises between a Customer and a credit card company/a delivery vicarious agent, etc., the Customer shall, at its sole cost, expenses and responsibility, resolve such dispute and shall indemnify and hold the Companies harmless from such dispute.

 

Article 5 (Delivery Charge)

Delivery charge for all Goods purchased on the Site shall be borne by the Customer except for special cased such as promotion or campaign.

 

Article 6 (Returns)

1.In principle, no exchanges or returns of the Goods are accepted purely at the request of the Customer. If a return of the Goods is accepted at the request of the Customer, delivery charges for return of such Goods shall be borne by the Customer. However, if return of the Goods is accepted due to the Companies’ default, the delivery charges for return of such Goods shall be borne by the Company.

2.Return of the Goods shall be accepted only when the Customer requests to the following contact address within 14 days of the delivery of the Goods. Provided, however that in any case return of the Goods shall not be accepted in any of the following situations in case that.

1)Claim in relation to the different in colors, fabrics, design of the Goods,

2)the Customer’s request such as different in size,

3)14 days have passed since the delivery of the Goods,

4)the Goods has already been used or package has already been opened,,

5)the Goods is originally purchased in a store,

6)the Goods does not have their attached tags,

7)part of the Goods, or accessories, are missing,

8)the statement of delivery enclosed at the time of the delivery of the Goods is lost, or

9)Any other situation other than the above-mentioned but the Company judges return of the Goods is inappropriate.
Contact address: IFXY
Hours of operation : 10am-5pm (except Saturday, Sunday and holiday including Year-end and New Year’s holiday)

10)The Company shall not have any obligation for the Goods purchased by the Customer other than as stipulated in Article 5.1 and 5.2.

 

Article 7 (Rejection of Application / Withdrawal of approval)

1.The Company may terminate any and all the Individual Contract with the Customer even after the arrival of any of the Order Completion Mail if any of the following case occurs,

1)When ordered long-term out of stock Goods or Goodsion end Goods,

2)When you place an order that exceeds the quantity limit (orderable quantity) with limited goods etc.,

3)If you order an item with no stock,

4)If in case of long-term absence of the Customer and goods does not reach the Customer, and if we could not receive proper responses from the Customer in considerable periods (approx 7days starting from unreceived date), or the Customer who would not reply to our telephone inquiry,

5)When there is a significant mistake in the display price of the Goods,

6)When false facts are recognized in the Customer’s personal information,

7)When it falls under the prohibited matter stipulated in Article 14 of this Terms and Conditions of Use, or

8)In addition to the preceding items, if we decide based on reasonable reasons for social reasons.

2.In the event that the Company terminates a Individual Contract with the Customer pursuant to the preceding paragraph, the Company shall return the measures prescribed in the preceding article or the price paid. In addition, we are not responsible for the interest of the return price and the obligation of compensation for the damage in said cancellation.

 

Article 8 (Changes, Suspension or Cancellation of the Site’s Content)

1.The Company may, without prior notification to Customers, change the content of the Site, or suspend or cancel part or all the provision of the Site, under any of the following circumstances.

1)If the Company must implement periodic maintenance or emergency maintenance on the Site, or in the case of unavoidable works.

2)If the type1 telecommunications carrier network cancels their telecommunications service.

3)If force majeure such as natural disasters, power shortages, war etc. or interference from a third party make it difficult or impossible to provide service through the Site.

4)If for any other reason at all, for operational or technological reasons, the Company determines that the content of the Site must be changed, suspended or canceled.

2.If the Company determines it to be necessary, then the Company may, without prior notice to the Customer, suspend or cancel the Customers’ use of the Site.

3.The Company will not be responsible in any way for any damages etc. caused to the Customer due to changes to content, suspension or cancellation as detailed in Item 1 and Item 2 of this Article.

 

Article 9 (Copyright)

All rights pertaining to the content of the Site (text, images, video, voices, program etc.) belong to IFXY and/or XFO Inc., entrusted by IFXY, or are used under license by our subsidiary. None of the articles, photos, illustrations, etc, on the Site may be used without prior permission of the Company.

 

Article 10 (Links)

When creating a link to the Site, the Company may decline the link depending on the content of the website being linked from and the method of that link. Furthermore, the Company in no way guarantees the content of any sites to which it is linked, and bears no responsibility at all for any damages incurred by a site that is linked to.

 

Article 11 (Trademarks)

All of the trademarks and service marks used on the Site belong to the Company or their affiliate company or are used based on authorized rights such as being licensed. Their unauthorized use is not permitted.

 

Article 12 (Disclaimer)

The Company does not make any representation and warranty to the completeness, veracity, accuracy , utility etc. of the content of the Site, nor of all information that the Customer acquires either through the Site or concerning the Site. Furthermore, the Company does not make any representation and warranty that any of the Goods shown on the Site will be in stock , and cannot promise that any ordered Goods will definitely be delivered. Furthermore, the prices, specifications, release date information etc. relating to all Goods on the Site may be changed without notice. The Company shall not be liable for any trouble, losses, damages etc. suffered as a result of information on the Site or by using the Site. Furthermore, the Company shall not take any responsibility in regard to the Customer under the following circumstances, regardless of the reason for the damages, the cause, the nature of the damages, or the results.

1)Any damages caused due to the information provided on the Site being inaccurate, mistaken or leaked etc., and any damages caused by access to the Site or by failure to access the Site (including becoming infected by viruses etc),

2)Any damages caused by the suspension or stoppage of the operation of the Site, or

3)Any damages resulting from a third party hacking the Site and changing the information that it provides.

 

Article 13 (Compensation)

In the case of the occurrence of disputes due to a Customer’s using the Site, actions by a Customer that violates any terms and conditions of the Terms, or injury caused a third party by a Customer, the Customer shall, at its sole costs, expenses and responsibility, resolve all such disputes. Furthermore, if the Company shall cause a damage or make a payment such as compensation and any other payment In relation to such disputes, the Customer shall immediately compensate to the Company all such payment amount.

 

Article 14 (Prohibited Actions)

The following actions are prohibited in regard to the use of the Site.

1.Any actions that will damage and/or is likely to damage the assets, privacy and any other rights of a third party and/or the Company,

2.Any actions that will cause and/or is likely to cause disadvantage or injury to a third party or the Company,

3.Any actions that provide false information, either through the Site or in relation to it.

4.Any actions that contravene public order and standards of decency, or actions that have the potential to do so.

5.Any criminal actions, actions intended to lead to criminal actions, or actions that have the potential to do so.

6.Any actions that involve false applications or submissions , such as registering using someone else’s e-mail address.

7.Any business activities or actions for the purpose of business, or any other actions with an equivalent purpose.

8.Any actions that may harm the good name or trust in a third party or the Company.

9.Any actions involving the use or provision of harmful programs, such as computer viruses, or actions that have the potential to do so.

10.Any other actions that contravene laws, ordinances or regulations, or actions that have the potential to do so.

11.Any other actions, regardless of reason, that the Company determined to be unsuitable.

 

Article 15 (Governing Law and Court of Jurisdiction)

The laws of South Korea shall be applied to use of the Site, and interpretation and application of these terms and conditions. Further more, unless otherwise stipulated, the Seoul Central District Court shall have jurisdiction as the court of first instanced in regard to all disputes arising concerning the use of the Site.

 

 

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