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THEME-MUSEUM TERMS OF SERVICE
We are AllRightsReserved trading as VIVLEPARK Inc.(or “we”) and THEME-MUSEUM, a company established under the laws of Republic of Korea.These Terms of Conditions apply to any of your use of the services available on this Website, including but not limited to any retail services for any products sold on this Website.Unless otherwise specified, these TOS constitute the entire agreement between us in relation to its subject matter. No other terms are implied by trade, custom, practice or course of dealing. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in these TOS.We reserve the right to amend these Terms of Service in compliance with relevant laws of the Republic of Korea, including but not limited to the Act on Consumer Protection in Electronic Commerce, Act on the Regulation of Terms and Conditions, Framework Act on Electronic Documents and Transactions, Electronic Financial Transactions Act, Digital Signature Act, Act on Promotion of Information and Communications Network Utilization and Information Protection, Door-to-Door Sales Act, and Framework Act on Consumers. This is to protect customer rights and maintain a fair trading environment.
DEFINITIONS
「Services」 means all services available on the Website, including but not limited to retail sale of products「Website」 means the website 「www.theme-museum.com」 and all its sub-domains.「TOS」 means these terms and conditions for the provision of Services under this document.By using the Services, you agree to these terms and conditions. Please read them carefully. If you do not agree with these terms and conditions, please do not register any account nor use any of the Services. All Services provided by us will be subject to these terms and conditions and any other agreements applicable to that Service.Any communications referred to as 「in writing」 under these TOS includes email.
1. REGISTRATION
You will need to register an account to use some of the Services available to you on the Website. In registering an account you agree to provide information about yourself that is true, accurate, current, and complete in all respects. Please refer to our Privacy Policy (http://www.theme-museum.com/privacy) for more information on how we collect, use, transfer and process your personal information. The Privacy Policy also governs your use of the Services. THEME-MUSEUM only accept orders from you if you are aged 18 or over. In using the Website, you agree to accept responsibility for all activities conducted through your account. You are responsible for keeping your account and password secure. If you feel or suspect that the security of your account has been compromised or if there is unauthorised use of your account, please contact us immediately.By using our Services or communicating with us by email, you agree to receive communications from us electronically, whether by email or by posting notices on the Website and that such electronic communications satisfy all legal requirement that such communications be in writing.THEME-MUSEUM reserves the right to withdraw or amend any item of the Services without notice. We will not be liable if for any reason the Website is unavailable at any time and for any period.
2. PROHIBITIONS AND FAILURE TO COMPLY
We may take actions against your account for activities including, but not limited to:
- Using any technology to attempt to hide the use of multiple accounts or disrupt any of our Services in any way
- Initiating communications that contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or racially, ethnically or otherwise objectionable material
- Advertising or sending unsolicited messages
- Impersonating others or providing any kind of false information
- Infringing any third party rights (including the intellectual property rights of any other person or entity).
3. INTELLECTUAL PROPERTY
All software and Content (which is defined as, or includes, any text, audio or music, video, graphics, photographs, digital downloads, compilations, images, all trademarks, service marks, logos, trade and business names, indicia, domain names) are the intellectual property of THEME-MUSEUM or its licensors or content suppliers and are protected by intellectual property laws (including but not limited to trade marks and copyright laws) and international treaty provisions. Any non-personal and/or commercial use of the graphics, illustrations, and photos is only permitted when expressly authorised by THEME-MUSEUM and/or its third party licensors in writing. You may not download, copy, distribute, reproduce, publish, sell or license any Content contained within the Website without prior consent or authorization of THEME-MUSEUM. Any such unauthorized actions or any unauthorized data mining, hacking or meta tagging, may result in civil consequences or criminal penalties and any failure to comply with these TOS will automatically terminate any licence granted to you hereunder. All rights not hereby expressly granted to you in these TOS are reserved and retained by us or our licensors and suppliers.
4. THIRD PARTY LINKS
The Website may include links to other websites or resources that are not operated or prepared by THEME-MUSEUM. We have no control over such websites and resources and we will not accept responsibility for them or be liable for any loss or damage caused or alleged to be caused by or in connection with your use of them.THEME-MUSEUM is not responsible for the content or accuracy of any off-site pages, which include but is not limited to advertisers of the Website. Use of these external websites or resources will be at your own risk and subject to the terms of use and service contained within each of such websites.
5. ELIGIBILITY TO PURCHASE
In order to place orders with us, you must meet our conditions of eligibility:
- Be aged 18 years of age or over
- Be in possession of a valid credit/debit card issued by a licensed bank acceptable to THEME-MUSEUM for payment or be in possession of a valid account.
- You shall provide personal and payment details that are warranted by you to be both valid and accurate (email address, real name, phone number, billing information and other requested information as indicated on the Website)
6. PRODUCTS AND PRODUCT DESCRIPTION
THEME-MUSEUM will endeavour to ensure that the Content and the product descriptions on the Website are as accurate and complete as possible. We however do not warrant that Content and product descriptions are accurate, complete, up to date or error-free.The packaging of the products may vary from that shown on our Website.THEME-MUSEUM reserves the rights to make minor changes to the products:-
- to comply with relevant legal and regulatory requirements (such as labelling requirement); and
- to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
7. PRICING
Prices are shown on the Website in Korea Won (KRW). Prices displayed on the Website at the time your order is accepted will be honoured except in the case of obvious error. While we make every effort to ensure that all prices appearing on the Website are accurate, we do not guarantee that they are error-free and reserve our right to rectify any errors. If we discover an error in the price of any product that you have ordered, we will inform you as soon as possible and offer you the option of reconfirming or cancelling your order. If we are unable to contact you, we will treat the order as cancelled. The price of products shown on this Website does not include delivery charges, which shall be advised to you separately during checkout.If your credit/debit card is not denominated in Korea Won (KRW), the final price charged in your currency will be calculated by your issuing bank in accordance with the applicable exchange rate on the day your card issuer processes the transaction.The price of the products is exclusive of any applicable taxes or excises (including VAT or sales taxes, if any) under any applicable laws. You shall be liable and shall indemnify us for any taxes payable.
8. PAYMENT
All transactions on our platform are processed through Portone's integrated order and electronic payment system. We utilize Smartro and PayPal for escrow and payment processing services, ensuring a secure and versatile payment experience for our customers.By placing an order using one of the above payment methods, you confirm that the credit/debit card(s) used is yours or that you have been authorised by the owner to use it. If your card issuer refuses to authorise payment to THEME-MUSEUM, we will not be liable for any delay or non-delivery of the goods ordered.Our payment processes meet the stringent international security standards set down by the payment card industry to make your shopping experience safe and secure. If you have registered an account on the Website and have decided to save your card details with us, your details will be fully encrypted, solely used to process card transactions that you have initiated and securely stored on our systems. In the absence of gross negligence or wilful default on our part, we will not be liable for any loss you may suffer if any third party procures unauthorised access to any data you provide when using our Services.If you do not pay for the products at checkout, we may suspend supply of the products until you have paid us the outstanding amounts.
9. ACCEPTANCE OF YOUR ORDER
Once you have entered your personal and payment details and placed your order, we shall send you an email acknowledging the receipt of your order, at which point a contract will come into existence between you and THEME-MUSEUM. Your order will be accepted and the contract between you and THEME-MUSEUM will be completed when we send you an email to confirm that the goods have been dispatched to you. Once an order has been accepted, it cannot be modified or cancelled.Notwithstanding the above, THEME-MUSEUM reserves its right not to accept an order for any reason at its sole discretion. Such reasons include, but are not limited to, any one or more of the following:
- The product you ordered is out of stock.
- We identify a pricing or product description error.
- We are unable to obtain authorisation for payment.
- You do not meet the eligibility criteria to purchase as set out in this TOS.
10. DRAW
Registration to a draw is limited to one entry per person. Repeated draw entry for the same item is not allowed. Multiple entries under the same name, email address or shipping information will be deemed invalid, and result in entry disqualification.No cancellations and modifications are accepted once the draw entry is confirmed. Entries are not transferrable.A credit card pre-authorization is needed upon draw entry. The credit card pre-authorization is to reserve the eligibility to purchase the product. The credit is held by the cardholder’s financial institution. No transaction will be made until the draw is successful.Successful entrants will receive a notification email confirming the order, with the held credit automatically charged. If the payment cannot be completed due to any reasons, the winning chance will be randomly given to a new entrant.In case of unsuccessful draw, credit card pre-authorization will be cancelled, with the fund to be released back to the cardholder automatically. The exact time for refund varies with each financial institution’s policy.
11. SHIPPING, DELIVERY AND COLLECTIONS
Once the order is confirmed, no information or delivery details can be changed. THEME-MUSEUM’s teams will send you a delivery notice by email with shipping details to your registered email address. Your products will generally be sent out within 14 working days after your order is placed. (Note: Pre-order items will be sent out after a designated period.) We will try our best to meet these estimates but cannot guarantee delivery times.Orders will be shipped by third party courier. You may refer to the tracking number from the link in the delivery notification email and check the status of your shipment by visiting the courier service's official website.Please ensure all delivery information is correct. If there is incorrect and/or missing information, we may be required to contact you to update the delivery information, which may cause delays in delivering your order. Delays may also occur as a result of pending payment verifications or customs clearance.Products purchased may be subject to customs and export control laws and regulations. You agree to comply with all applicable international and national laws and regulations. Your local customs office may require additional documents and time to clear your package, which may delay the estimated delivery time.Import Taxes & Duties - Import taxes, duties and related customs fees may be charged once the parcel arrives at the destination country. These charges are determined by the customs office of the specific destination and shall be charged on top of our selling price.Payment of these charges and taxes is the responsibility of the recipient and will not be covered by us here at THEME-MUSEUM. For further details of charges, please contact your local customs office.Customs & Regulations - You are responsible for checking your local postal regulations for restricted items, as we cannot be held liable for any items that are not accepted into the specific country.Foreign Transaction Fees - Foreign transaction fees may be charged once your payment transaction has been settled. These fees are determined by your bank's pricing and transaction fee policies. For further details of foreign transaction fees, please contact your bank.A product will be your responsibility from the time the product is sent out to the registered address. You bear the possible risk of loss upon delivery to your registered address. If the recipient or collector is not the original purchaser, or in case of delivery of a gift, then you accept that the signature of the recipient or collector is evidence of due delivery and fulfilment of your order by THEME-MUSEUM and you will release us from any and all liability with respect to the due and complete performance of your purchase order of products. You also accept the associated transfer of responsibility (including risk of loss) in the same way.*An administration fee per contact information or delivery address change will be charged directly.**For service coverage and the exact terms of conditions of third party courier, please refer to courier service’s official website.THEME-MUSEUM reserves the right to update its shipping policy at its sole discretion without prior notice and changes will be posted on the Website. In the event of any dispute, the decision of THEME-MUSEUM shall be final and conclusive.
12. RETURN & EXCHANGE
In order to provide you with the best possible online shopping experience, THEME-MUSEUM maintains a 7-days return & exchange policy due to product damages and defects. You can contact our customer service team within 7 days of delivery with your order number and the evidence of the product damages and defects to request for exchange. Once the exchange is confirmed, we will arrange customers to return the items within a designated period.All return shipping fees and other miscellaneous fees are the responsibility of the customer. We will not pay for or refund these fees. Return packages are the customer's responsibility until they are received by us. It is recommended that you take necessary precautions by using registered and traceable services when returning your package.All returning products must be in original condition, with all tags attached, and must be returned in the original undamaged box and/or packaging.Note: The special packaging box that is complimentary for purchases of certain amounts is not a sale item, but for product packaging and protection only. Dents or scratches on the packaging box surface caused by delivery are not included in the Exchange & Refund policy. The free special packaging box cannot be exchanged unless it is damaged to the extent that it can no longer protect the product inside.
13. LIABILITY
Views expressed in any media by the designers, companies or third parties, whose products are sold on the Website or with whom we are associated, are their own. THEME-MUSEUM takes no responsibility for any such views as they do not necessarily reflect ours.THEME-MUSEUM does not guarantee that the Website and use of the Services will be error-free or that the Website or the servers that make it available are free of viruses or other harmful components. We recommend all users of the Website to ensure they have up-to-date software, including anti-virus, installed.Some events may happen beyond our reasonable control, such as including but not limited to, acts of God, acts or regulations of any government or supra-national authority, war or national emergency, accident, fire, adverse weather or any other uncontrollable events which may result in any delay or failure in our performing our obligations under these TOS or in delivering the products to you. Under such conditions, THEME-MUSEUM will always do its best to aim at maintaining its Services but will not be responsible for failing to meet any such obligations in these TOS.All products sold on this Website are intended for use only in Republic of Korea. THEME-MUSEUM does not warrant that the products comply with laws, regulations or standards outside Republic of Korea.THEME-MUSEUM only supplies products for domestic and private use. If you use the products for any commercial, business or re-sale purpose (which is contrary to these TOS), we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ALL SERVICES AND INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE OFFERED OR MADE AVAILABLE ON THE WEBSITE ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, UNLESS OTHERWISE PROVIDED IN WRITING. THEME-MUSEUM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO ANY OF THEM, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THEME-MUSEUM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR THE SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE OFFERED OR MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.Nothing in these TOS limits or excludes the liability of THEME-MUSEUM for death, personal injury, property damage, fraud, fraudulent misrepresentation, or any other liability that cannot be limited or excluded by law. Subject to the above, the total liability of THEME-MUSEUM for all losses arising under or in connection with the Services or any products purchased on this Website, whether in contract, tort (including negligence), breach of statutory duty, will in no circumstances exceeded the total price of the relevant products paid by you.
14. Membership Withdrawal and Disqualification
Members can request to withdraw from our company at any time, and we will process the withdrawal immediately.Our company may restrict or suspend membership if a member falls under any of the following reasons:
- If false information was registered at the time of application
- If the member fails to pay on time for goods purchased through our company or other debts related to using our services
- If the member disrupts others' use of our services or threatens e-commerce order by stealing information
- If the member uses our services to perform acts prohibited by law or these terms, or acts contrary to public order and morals
15. INDEMNITY
At our request, you agree to compensate us fully and hold us, THEME-MUSEUM (including its officers, directors, agents, affiliates, licensors, and suppliers), harmless from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you. This includes the use of the Website by any other persons using your account caused by your action or inaction.
16. GOVERNING LAW AND JURISDICTION
These TOS shall be governed by and construed in accordance with the law of Republic of Korea SAR. The competent courts of Republic of Korea SAR shall have exclusive jurisdiction over any dispute or claim relating to the TOS, the Services and the Website.If you wish to keep the disputes confidential, you may consider mediation or arbitration instead of court proceedings.
17. MISCELLANEOUS
If you breach the TOS and we take no action against you, it shall not be deemed a waiver for us to exercise our rights and remedies in any other situation where you breach the TOS and shall in no manner affect our right at a later time to enforce such performance.The invalidity or unenforceability for any reason of any part of these TOS shall not prejudice or affect the validity or enforceability of the remaining provisions of these TOS.THEME-MUSEUM shall have the right to sub-license, sub-contract, assign or transfer its rights and obligations in these TOS. You may however only transfer your rights or obligations if THEME-MUSEUM agrees in writing.The invalidity or unenforceability for any reason of any part of these TOS shall not prejudice or affect the validity or enforceability of the remaining provisions of these TOS.These TOS are an agreement between you and THEME-MUSEUM only. No other person has any right to enforce any of its terms.In case of any discrepancies between the English and Korean versions of these TOS, the English version shall prevail.Subject to paragraph 14, THEME-MUSEUM reserves the right to make the final decision on all cases on all matters concerning the Services.
Vivlepark Corp.
04068 Hongik University, Yeomgang Hall 8F, 101, Dongmak-ro, Mapo-gu, Seoul, Republic of Korea
Customer Service info@theme-museum.com
CUSTOMER CARE