Terms Of Website Use

As part of using the Website you may set-up a Mulberry account using an e-mail address and password ("Account Details"). You are responsible for maintaining the confidentiality of your Account Details and are responsible for all activities that are carried out under them.

We do not have the means to check the identities of people using the Website and will not be responsible for losses suffered by you where your Account Details are used by someone else unless this is due to our negligence.

You agree to notify our Customer Services team immediately, if you become aware of or suspect any unauthorised use of your Account Details.

You confirm that:

(a) any information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times; and

(b) you will at all times comply with these terms and conditions.

You agree that in using the Website you will not:

(a) use the Website for any unlawful purpose or in a way which infringes the rights of anyone else or restricts or inhibit anyone else's use and enjoyment of the Website;

(b) use the Website in any way that interrupts, damages, impairs or renders the Website less efficient;

(c) impersonate any other person (living or dead), misrepresent your connection with a person or entity, or provide false or otherwise misleading information;

(d) transfer files that contain viruses, trojans or other harmful programs;

(e) authorise, encourage or assist any other person to, copy, modify, reverse-engineer, decompile, disassemble, alter or otherwise tamper with any software (including source code), databases and other technology that forms part of the Website;

(f) penetrate or attempt to penetrate the Website's security measures; or

(g) email, publish or otherwise disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or that is otherwise inappropriate.

(h) You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms and conditions and that they comply with them.

We reserve the right to suspend, restrict or terminate your access to the Website at any time without notice if we have reasonable grounds to believe you have breached any of the above restrictions or any other provision of these terms and conditions. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.

Terms and Conditions of Use

Article 1 (Purpose)

The terms and conditions of use is intended to define a cyber-mall, and rights, duties and responsibilities of users in using internet related services (hereinafter referred to as “services”) offered by Mulberry.com, run by Mulberry Korea Co., Ltd.

Article 2 (Definitions)

1.     Major terminology in these terms and conditions is defined as follows:

①     “Mulberry.com” refers to a virtual shop set up in order to make transactions on goods, etc. using computers or other information communication systems to offer goods and services (hereinafter referred to as “goods, etc.”) to the user by Mulberry Korea Co., Ltd. It can also be used in the sense of the cyber-mall operator.

②     “User” refers to a member or non-member receiving services offered by “Mulberry.com” under these terms and conditions by accessing “Mulberry.com”.

③     “Member” refers to a person registered as a member by providing personal information to “Mulberry.com”, receiving information from “Mulberry.com” on an ongoing basis, and using services offered by “Mulberry.com” on an ongoing basis.

 Article 3 (Posting and changing of terms and conditions)

1.      “Mulberry.com” posts on the start-up service screen (front screen) of “Mulberry.com”, contents of these terms and conditions, trading name, business address (including an address for addressal of consumer complaints), telephone number, fax number, email address, business registration number, tele-sales business registration number, privacy protection manager, etc. so that users can easily notice them. However, contents of terms and conditions can be posted via a link screen so that users can see them.

2.      “Mulberry.com” shall ask confirmation of users by providing a separate link screen, or a pop-up screen, etc. so that users can understand important contents such as subscription (order) cancellation, delivery liability, refund conditions, etc. among the contents defined in the terms and conditions before users consent to terms and conditions.   

3.      “Mulberry.com” may amend these terms and conditions within the scope that does not violate relevant laws such as the Act on Consumer Protection in Electronic Commerce, etc.; the Act on the Regulation of Terms and Conditions; the Framework Act on Electronic Documents and Transactions; the Electronic Financial Transactions Act; the Digital Signature Act; the Act on the Promotion of Information and Communications Network Utilization and Information Protection, etc.; the Act on Door-to-Door Sales, etc.; and the Framework Act on Consumers.

4.      In case of terms and conditions’ change, “Mulberry.com” shall notify on the start-up screen of the website from 7 days before to 1 day before the effective date, specifying the effective date and amendment reasons, together with the current terms and conditions.    

However, if terms and conditions’ changes are unfavourable for the users, “Mulberry.com” shall notify changes with at least 30 days in advance of a probationary period. In this case, “Mulberry.com” shall mark differences comparing contents ‘before’ and ‘after’ amendments so that users can understand easily.  

5.      When “Mulberry.com” amend these terms and conditions, the amended terms and conditions shall apply only to agreements entered into after the effective date and pre-amendment terms and conditions shall apply to agreements already entered into as they were. However, if users of agreements already entered into send their willingness to be subject to application of the amended terms and conditions within the notification period of the amended terms and conditions pursuant to Paragraph 3, and that “Mulberry.com” agrees to it, then the amended terms and conditions shall apply.  

6.      For matters not specified in these terms and conditions, we will follow laws, such as the Act on Consumer Protection in Electronic Commerce, etc. and the Act on the Regulation of Terms and Conditions; consumer protection guidelines for electronic commerce, etc. set forth by the Fair Trade Commission, relevant laws and regulations and commercial practices.  

Article 4 (Provision and change of services)

1. “Mulberry.com” offers following services to users:

①     Sales and delivery of products

②     Provision of various pieces of information

③     Various promotional activities (newsletter) related to products such as advertisements and events

④     Miscellaneous and useful additional services for users.

2. “Mulberry.com” may change goods and contents of services offered under contracts entered into in the future in the event that goods or services are out of stock or technical specifications change. In this case, changed goods or contents of services and the offer date shall be specified and immediately notified in the place where current goods and contents of services were posted. 

3. In the changes of details of services for which “Mulberry.com” has entered into agreements with a user due to reasons of products being out of stock, “Mulberry.com” shall immediately give notice of the reasons via an address at which the user can be contacted.

4. In the case of the previous paragraph, “Mulberry.com” shall compensate for damages users sustain because of it. However, this shall not apply if “Mulberry.com” can prove that it was not deliberate or negligent.

Article 5 (Suspension of services)

1. “Mulberry.com” may suspend provision of “services” temporarily in the event of maintenance, replacement and malfunction of computers and other electronic communications equipment

2. “Mulberry.com” shall compensate for loss or damages users or a third party sustain due to a temporary suspension of services as per Paragraph 1. However, this shall not apply if “Mulberry.com” can prove that it was not deliberate or negligent.

Article 6 (Membership subscription)

1. Users apply for membership by indicating the intention to consent to terms and conditions after entering membership information according to a prescribed form set out by “Mulberry.com”.

2. “Mulberry.com” shall register as members applicants who apply for membership pursuant to the preceding paragraph unless any of the following sub-paragraphs is applicable.

① There is a falsehood, omission, or misspelling

② It is determined that registration as a member would be a significant hindrance in terms of the technology of “Mulberry.com”

3. Children (under 14 years of age) cannot join as members.

4. The membership agreement is established when the notice of the approval by “Mulberry.com” reaches the membership applicant.

5. Members are to ask a correction of changes immediately by contacting “Mulberry.com” customer service centre in the event of changes of membership details registered in the “Mulberry.com”. 

Article 7 (Withdrawal and disqualification of membership)

1. Members may demand expungement (withdrawal of membership) of membership registration any time by contacting “Mulberry.com”, and “Mulberry.com” shall take steps to expunge the membership registration of the relevant user upon receipt of the request. However, while the procedure is in progress, the user may receive “services” scheduled as per existing time frame.

2. When any of the following sub-paragraphs is applicable for a member, “Mulberry.com” may limit or suspend membership:

①     False information is entered at the time of membership application

②     The member does not settle payments for goods, etc. purchased via access to “Mulberry.com” or pay off liabilities that the member is are responsible for in relation to use of “Mulberry.com” on the due date

③     Users threaten electronic commerce practices by interrupting use by other users of “Mulberry.com”, misappropriating information, etc.

④     The user conducts activities banned by law and these terms and conditions or uses “Mulberry.com” against good public order and customs

3. After “Mulberry.com” limits or suspends membership of a user for an activity, if the same activity is repeated more than twice or there is no remedy within 30 days, “Mulberry.com” may disqualify membership. 

4. In the event that “Mulberry.com” disqualifies membership, it will expunge membership registration. In this case, “Mulberry.com” shall notify the member of its intention and will grant an opportunity for appeal by designating at least 30 days prior to membership registration expurgation.

Article 8 (Notification to users)

1. When “Mulberry.com” gives a notice to a particular user or a member, it can do so via an email address, or a text message already agreed with “Mulberry.com” by the member.

2. When “Mulberry.com” gives a notice to unspecified multiple members, it can do so by posting that notice onto the “service” website for more than a week and this can replace giving a notice to individual users. However, in case that this affects a member’s transaction significantly, “Mulberry.com” shall give a notice to individual users.

Article 9 (Applying for a purchase)

Users apply to purchase goods or services by following ways or a similar way at “Mulberry.com”, and “Mulberry.com” shall provide following contents easily accessible for users to apply to purchase:  

1. Search and choice of goods, etc.

2. Entering the name of a recipient, address, telephone number, email address (or a mobile phone number), etc.

3. Confirming the contents associated with cost-bearing such as terms and conditions, services limiting subscription withdrawal rights, delivery costs, etc. 

4. Consenting to these terms and conditions and indicating to confirm or reject matters of the above sub-paragraph 3 (e.g., by a mouse click)

5. Applying to purchase goods, etc. and confirming these or agreeing to confirmation by “Mulberry.com”   

6. Selection of a payment method

Article 10 (Conclusion of a purchase contract)

1. “Mulberry.com” may not authorise a purchase application under Article 9 if any of the following sub-paragraphs is applicable.

However, in case a contract is entered into with a minor but “Mulberry.com” does not obtain consent of a legal representative, then a notice should be given in the sense that the minor himself/herself or the legal representative may cancel the contract.  

① There is a falsehood, omission or misspelling in the application

② It is a purchase transaction is for the purpose of a commercial activity (resale) or it is deemed as a commercial activity (resale) in the context of the transaction

③ It is otherwise deemed that authorising a purchase application would be a significant hindrance in terms of the technology of “Mulberry.com”

2. A purchase contract is deemed to be concluded at the time authorisation by “Mulberry.com” reaches the user in the form of receipt confirmation notice under Paragraph 1 of Article 12.

3. Indication to authorise by “Mulberry.com” should include details such as confirmation of a purchase application by the user, whether it is for a resale or not, correction or cancellation of a purchase application, etc.

Article 11 (Payment method)

Users can use a debit card, a credit card or various card payments among available methods to settle payments on purchased products at “Mulberry.com”. However, “Mulberry.com” may not collect any charges whatsoever in addition to the payment of goods, etc., for the payment method of the user.

Article 12 (Receipt confirmation notice/change and cancellation of a purchase application) 

1. “Mulberry.com” shall issue a receipt confirmation notice to the user when the user applies for a purchase.

2. Users who are notified of the receipt confirmation may ask a change of the purchase application and/or cancellation immediately upon receiving the receipt confirmation notice when there is an order discrepancy, “Mulberry.com” must process the user’s request immediately when it is set before delivery. However, in case, a payment has been already made, regulations regarding subscription (order) withdrawals, etc., shall apply. 

Article 13 (Supply of goods, etc.)

1. Unless there are any separate agreements for a supply period of goods, etc., for users, “Mulberry.com” shall take action necessary for delivery, custom manufacturing, packaging, etc., within 7 days when users place an order. However, “Mulberry.com” shall take action within 3 business days from the date when part or all of the payment has been already made on goods, etc. In this case, “Mulberry.com” shall take appropriate action so that users can check a supply procedure and progress on goods, etc.

2. “Mulberry.com” shall specify a delivery method, who is paying for the delivery charge depending on the method, and a delivery period depending on the method for products which users purchase. If “Mulberry.com” does not meet the pledged delivery period, it shall pay for damages the users sustain from it. However, this shall not apply if “Mulberry.com” can prove that it was not deliberate or negligent.

Article 14 (Refunds)

In case, “Mulberry.com” cannot deliver or provide goods, etc., that a user placed an order on due to being out of stock, “Mulberry.com” shall notify the user of the reason without delay and refund within 3 business days or take action for a refund if payment was already received for goods, etc.

Article 15 (Subscription withdrawals, etc.)

1. Users who have signed a contract with “Mulberry.com” as regards a purchase of goods, etc. may cancel subscriptions (orders) within 30 days from the date a signature is received (referring to the date when a product, etc., is supplied or supply of a product, etc., commenced if the supply of a product, etc., is later than the time the signature is received) but it only applies to products purchased at a normal price. In case of a product being purchased at a discounted price (promotional products), cancellation of subscriptions (orders) can be made within 14 days.

However, any requirements specified in the Act on Consumer Protection in Electronic Commerce, etc. regarding cancellation of subscriptions (orders) shall apply.

2. Users cannot return or ask for exchanges of goods, etc., when any of the following sub-paragraphs is applicable:

① When goods, etc. are destroyed or damaged in a manner attributable to the user. However, this shall not apply to damages of packaging, etc., for checking the contents of goods, etc.

② When value of goods, etc., decreases significantly by the use or consumption of the user

③ When value of goods, etc., decreases significantly to the extent that a resale is difficult by the lapse of time

④ When a duplicate is possible for a product, etc., with the same feature or property, packaging of the original product, etc. is damaged

3. In case of sub-paragraph 2 to sub-paragraph 4 of Paragraph 2, if “Mulberry.com” did not specify in the place where users find it easy to access that a cancellation of subscriptions (orders) is limited in advance or did not take action such as providing a product in usage, etc., and the cancellation of subscriptions (orders) by users are not limited.

4. Notwithstanding the provisions of Paragraphs 1 2, if goods, etc., are different from the display or advertisement or the contract is implemented in a way different from its contents, users may cancel a subscription (order) within 3 months from the date they received the relevant products, etc., or within 30 days from the date they became were aware of the fact.

Article 16 (Effects of subscription (order) withdrawals, etc.)

1. When “Mulberry.com” receives a return of goods, etc., from the user, it shall refund or take action necessary for a refund within 3 business days. In this case, if “Mulberry.com” delays the refund on goods, etc., to the user, it shall pay a deferral interest calculated by multiplying the deferral interest rate on the delay period set out in 2 of Article 21 of the Enforcement Ordinance of the Act on Consumer Protection in Electronic Commerce, etc.

2. “Mulberry.com”, for the refund of the above payment, shall ask the merchant to stop invoicing for the payment on goods, etc., or cancel the payment without any delay if the user made the payment by using a payment method such as a credit card or electronic currency. 

3. In case of subscription (order) withdrawals, “Mulberry.com” shall bear the cost necessary for the return of goods, etc., supplied. “Mulberry.com” shall not claim a cancellation penalty or compensation for damages to the user due to subscription (order) withdrawals.  

4. If the user paid for the delivery cost when the goods, etc. were received, “Mulberry.com” shall make it clear for the user to see whoever is bearing the cost at the time of subscription (order) withdrawals. 

Article 17 (Duties of “Mulberry.com”)

1. “Mulberry.com” does not conduct anything banned in these terms and conditions, and rules and regulations or anything in breach of good public order and customs and shall do its best to provide products continuously and securely according to requirements set out in these terms and conditions.

2. “Mulberry.com” shall have a security system in place to protect personal information (credit card details included) of the user so that he/she can use the internet service safely and securely. 

3. “Mulberry.com” shall be liable for damages if the user sustains any loss because “Mulberry.com” stated some incorrect display or advertisement specified in Article 3 of [Act regarding fairness of displays or advertisements] as to products or services.

4. “Mulberry.com” may send marketing emails, text messages, newsletters and various pieces of information only to users who consented to receipts of information of “Mulberry.com” in advance.

5. “Mulberry.com” shall address all the inconveniences and enquiries regarding the use of services by the user via the following channel for the convenience of the user. 

Staff in charge: Mulberry Korea Consumer Services

Telephone enquiry to Customer Centre: +82 (0)2-2018-1439

(Mon-Fri 10:30 am -1:00 pm and 2:00 pm - 5:30 pm, closed on weekends and holidays)

Email enquiry: cs-korea@mulberry.com

Article 18 (Protection of privacy and use)

1. When “Mulberry.com” collects information, it does so by collecting minimum information necessary to carry through the purchase order. The following details are compulsory, and the others are optional.

①     Name

②     Address (collected when placing an order)

③     Telephone number

④     Email address

⑤     Password (in case of a member)

2. When “Mulberry.com” collects personal information to identify the user, it must get consent from the relevant user.

3. “Mulberry.com” cannot use personal information collected for purposes other than its intended use. If a new intended use arises or the information is to be provided to a third party, then it shall notify the user of its purpose and obtain consent from the user at the time of usage or provision. However, cases where there are other provisions in relevant laws are excepted.

4. If “Mulberry.com” were to get consent from the user as per Paragraph 2 and Paragraph 3, it must specify or notify requirements in advance, set forth by the Act on the Promotion of Information and Communications Network Utilization and Information Protection, etc. regarding the identity of the privacy control manager (department, name, telephone number and other contacts), purpose of information collection and purpose of usage, matters associated with provision of information to third parties (the person provided with information, purpose of provision and contents of information to provide).

5. Users can demand at any time to access their own personal information that “Mulberry.com” holds and ask for corrections of errors. “Mulberry.com” shall be responsible to take necessary action on the request without any delay. If users demand a correction of errors, “Mulberry.com” does not use that relevant personal information until the errors are corrected.

6. “Mulberry.com” shall designate a manager to protect personal information and minimise its staff numbers for that work, and shall be liable for all the loss, theft, leakage, forgery, etc., of the personal information of the user, that “Mulberry.com” holds, stores and manages.

7. “Mulberry.com” or the third party provided with personal information by “Mulberry.com” shall dispose of the relevant personal information once the purpose of collection of personal information or the purpose of being provided with it is achieved.  

Article 19 (Members’ duties of ID and password)

1. Except when “Mulberry.com” is responsible under relevant laws and regulations or the Privacy Policy, each member is responsible for managing ID and password.

2. Members should not allow the use of use ID or password by a third party.

3. Members should immediately notify “Mulberry.com” if they have their ID and password stolen or they become aware that a third party is using their ID and password, and they should follow any instructions from “Mulberry.com”.

Article 20 (Users’ duties)

The user shall not carry out activities under any of the following sub-paragraphs:

1.     Entering false information at the time of various applications or changes including membership application

2.     Stealing the information of others

3.     Altering information posted by “Mulberry.com”

4.     Transmitting or posting information (e.g., computer programs.), etc., other than information stipulated by “Mulberry.com”

5.     Infringing intellectual property rights such as copyrights, etc., of “Mulberry.com” or third parties

6.     Damaging the reputation or interrupting their business of “Mulberry.com” or third parties

7.     Making public or posting through “services” indecent or violent messages, images, voice recordings or going in breach of good public order and customs.

Article 21 (Relationship between linking “Mall” and linked “Mall”)

1. When a higher “Mall” and a subordinate “Mall” are linked in the form of a hyperlink (e.g., objects of the hyperlink include texts, pictures, videos, etc.), the former is called a linking “Mall” (website), the latter, a linked “Mall” (website).

2. When the linking “Mall” makes it clear in the start-up screen or in a pop-up screen of the linking “Mall” at the linking stage that the linking “Mall” is not liable for a guarantee of transactions made between the user and the linked “Mall” that provides goods, etc., independently of the linking “Mall”, then the linking “Mall” is not liable for the guarantee of that transaction. 

Article 22 (Reversion of copyrights and restriction of usage)

1. Copyrights and other intellectual property rights of works created by “Mulberry.com” revert to “Mulberry.com”.

2. Users shall not use information of the intellectual property rights that revert to “Mulberry.com” among the information obtained by using “Mulberry.com”, without a prior approval by “Mulberry.com” for the purpose of a profit by copying, transmitting, publishing, distributing, broadcasting or any other means, or letting a third party use it.

3. As agreed, “Mulberry.com” shall notify the concerned user if the user uses the copyrights reverted to “Mulberry.com”.

Article 23 (Resolution of disputes)

1. “Mulberry.com” sets up and operate a damage compensation processing body to compensate for the damages and to take on justifiable suggestions the users make with regards to services and to address complaints.

2. “Mulberry.com” shall prioritise to process complaints users file and suggestions. However, if a prompt processing is not possible, “Mulberry.com” shall immediately notify the user of the reasons and the processing time frame.

3. Regarding electronic commerce disputes occurred between the user and “Mulberry.com”, if there is a claim for a remedy for loss by the user, this can be addressed by the Fair Trade Commission or via arbitration of a dispute resolution body commissioned by a city mayor or a provincial governor.

Article 24 (Jurisdiction and applicable law)

1. Legal actions with regards to electronic commerce disputes occurred between the user and “Mulberry.com”, will be dealt with based on the user’s address at the time of filing a case, but if such address does not exist, then exclusive jurisdiction of a local court in charge of the user’s place of residence shall apply. However, if the user’s address or place of residence is not clear at the time of filing a case or the user resides overseas, the case will be filed at a competent court as per civil proceeding law.  

2. Korean law shall apply to legal actions arising from the electronic commerce between “Mulberry.com” and the user.