Hwaum Law Office successfully completed an engagement for Shopping Mall A involving the drafting of customized Terms of Use and Privacy Policy, tailored to the specific characteristics of its overseas direct-purchase products and pre-order sales model.
One of the key legal issues in online shopping mall Terms of Use is the consumer’s right to withdraw from a purchase. Some online shopping malls have expressly stated that withdrawal is not permitted or have established withdrawal periods shorter than those prescribed under Article 17 of the Act on the Consumer Protection in Electronic Commerce, Etc. Courts and the Korea Fair Trade Commission have, in most cases, regarded such provisions as unjustified restrictions on consumers’ statutory right of withdrawal.
This issue can be particularly significant for overseas direct-purchase products and pre-order products sold through group-purchase models, where the period between the date of order and the actual delivery is considerably longer than for domestic products. At Hwaum, our legal team carefully reviewed these issues and drafted customized Terms of Use that reflect the specific characteristics of such transactions.
In addition, unlike products sold through ordinary online shopping malls, overseas direct-purchase products are subject to international shipping and customs clearance procedures. Accordingly, relying solely on standard Terms of Use and Privacy Policies may not be sufficient to prevent potential legal issues. For example, it may be necessary to establish additional provisions addressing the allocation of taxes and other costs arising during customs clearance, as well as liability for incidents occurring during international shipping and customs procedures.
Accordingly, Hwaum tailored the Terms of Use and Privacy Policy for Shopping Mall A by incorporating additional provisions addressing matters such as the right of withdrawal and customs clearance, in addition to the standard provisions generally applicable to online shopping malls, taking into account A’s overseas direct-purchase products and pre-order sales model.
If you have any questions, please feel free to contact us at the information below.
Attorney: Hanbyeol Kim
Email: help@hwaumlaw.com
Tel: +82-2-522-0413