Terms and Conditions of TheArrivalStore.com
Agreement to these Terms and Conditions constitutes execution of an agreement for use of the TheArrivalStore.com (TAS) and a purchaser who buys products through the online commerce platform (the “store”) provided by TAS. Any transaction executed through the TAS Purchasing Service is governed by the laws of the United States of America and any statement herein with regard to time, period and place is based upon the time, period and place of the USA.
Article 1 (Purpose)
The purpose of these Terms and Conditions is to set forth the rights, obligations and responsibilities between TAS and the purchaser using the system developed and provided by TAS.
Article 2 (Definitions)
The terms used herein shall have the following meaning:
- “TAS” means The Arrival Store, the online commerce platform provided to and the website for operation of the store.
- “Member(s)” means those who have registered their personal information with TAS to join as members of TAS and who are entitled to use the information and services provided by TAS.
- “Member I.D.” means the English letters, numbers or combination of English letters and numbers chosen and registered with TAS by Members for purposes of identification and use of TAS services.
- “Password” means the English letters, numbers or combination of English letters and numbers chosen and registered with TAS by Members to verify their identity and protect their rights, interests and confidential information.
- “Operator” means the person appointed by TAS to be responsible for management and smooth operation of the TAS services.
Article 3 (Types of TAS Services)
TAS provides the online commerce platform used to offer products to buyers; the list of which is as follows:
- Purchase support
- Contract execution and transaction security support
- Other electronic commerce transaction related services
- TAS only develops and provides tools that enhance the security and reliability of transactions between TAS and its members.
- TAS partners with selected companies to provide specific services to its members. TAS does not provide the services as a company, but simply connects its members to the companies providing such services.
Article 4 (Disclosure, Effect and Amendment of the Terms and Conditions)
- The Terms and Conditions, the name, location, name of representative, business registration number, telecommunication sale business registration number and contact points (telephone and fax numbers and e-mail address) of TAS are posted on the homepage of TAS’s website.
- TAS may amend the Terms and Conditions to the extent permitted under the Regulation of Standardized Contracts Act, the Framework Act on Electronic Commerce, the Digital Signature Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Act on Consumer Protection in Electronic Commerce Transactions and any other relevant laws.
- TAS reserves the right to amend the Terms and Conditions, and will make substantial effort to inform users of changes and will make the amendments available on the TAS website.
Article 5 (Governing Laws)
- For transactions executed through the TAS purchasing service, the Act on Consumer Protection in Electronic Commerce Transactions and other relevant laws and regulations shall primarily apply to the parties to the transactions, and the parties may not claim indemnification or exemption under the Terms and Conditions.
- If necessary, TAS may set out terms that apply to specific services (“Individual Terms”) and notify them in advance through TAS.
- If necessary, TAS may set out specific terms that apply to the use of general services (“Use Policy”) and notify them in advance through TAS.
- Any change in the Individual Terms under paragraph 3 and the Use Policy under paragraph 4 shall be notified seven days before the effective date of such change.
- Members are responsible for reviewing the Individual Terms and the Use Policy to check for any notices of change.
Article 6 (Execution of TAS Purchasing Service Use Contract)
- TAS Purchasing Service Use Contract (the “Use Contract”) is deemed executed upon TAS’s approval of the membership application submitted by a person who desires to use TAS Purchasing Service.
- An application for execution of the Use Contract is made if the person wishing to use TAS Purchasing Service completes the on-line form provided by TAS and consents to the Terms and Conditions.
- Admission to membership is effective at the time the approval from TAS is received by the member. Applications are handled in the order filed.
- TAS may withhold its approval of an application in the following cases, among others:
- Lack of facility capacity
- Technical difficulty
- False statement, omission or miswriting in the registered information
- Reapplication within two months from TAS’s termination of the Use Contract
- At TAS’s reasonable discretion.
Article 7 (Change of Personal Information)
In the event of change in any personal information submitted at the time of application, a Member must update his or her information within 15 days of the change.
TAS shall not be held liable for any damages resulting from a Member's failure to update personal information.
Article 8 (Termination of the Use Contract)
Termination by Members:
- A Member may terminate the Use Contract at any time by providing 15 days notice to TAS, provided, that the Member has taken the necessary actions to finalize any and all transactions at least seven days prior to the date of the termination notice.
- A Member shall be responsible for any consequences arising from the termination notice within said period, and upon termination of the Use Contract, TAS may withdraw all benefits (e.g., loyalty points, ONPL, etc.) given to the Member.
- If a Member who has terminated the Use Contract desires to use the TAS service again, the Member must obtain TAS’s prior approval.
Termination by TAS - TAS may terminate the Use Contract in the event of occurrence or verification of the following:
- Infringement or damage upon the rights, reputation, credit or any other interest of TAS or any other member or breach of Korean laws;
- Obstruction of the proper processing of TAS services provided by ATS;
- Circumstances in which TAS finds it necessary, in its reasonable judgment, to refuse TAS services.
- If TAS terminates the Use Contract, TAS will notify the Member through e-mail, telephone or other means. The Use Contract shall be terminated at the time when TAS notifies the Members of its intent of termination.
- If TAS terminates the Use Contract, these Terms and Conditions shall continue to apply with respect to transactions executed before the termination.
- When the Use Contract is terminated pursuant to this Article, TAS may withdraw any benefits (e.g., loyalty points, ONPL, etc.) given to the relevant Member.
- TAS will retain the customer’s credit card information to be used in the instance that the ONPL contract is not paid within the stated contract time (60 days after shipping of the order), customer refuses to pay any outstanding balances, or in the appropriate situation as determined by TAS.
- If the Use Contract is terminated pursuant to this Article, TAS may refuse in its sole discretion to approve the Members’ re-application.
Article 9 (Management of Members)
TAS may take any or all of the following measures against Members who have violated the Terms and Conditions, applicable laws and regulations or general commercial practices:
- Restriction on use of certain services;
- Termination of the Use Contract;
- Claim for damages.
TAS will notify the relevant Member by phone or e-mail prior to taking any measure specified above, but if the Member cannot be reached, or in cases of urgency, TAS may take the measure first and notify the Member after the event.
Members may dispute the measures taken by TAS under this Article if they have reasonable grounds to do so. Dispute claims must be submitted in writing to TAS within 30 days of TAS's notification through email or postal service to the address indicated on TAS website.
Article 10 (Execution of Purchase Contract)
A purchase contract is executed when TAS accepts a buyer’s offer to purchase a given item based on the terms.
Article 11 (Payment of Purchase Price)
- TAS will provide methods for payment of the purchase price by credit card, PayPal or Korean bank transfer.
- The buyer shall be responsible for any liability or disadvantage arising from the information entered by the buyer with respect to payment of the purchase price.
- TAS may cancel the transaction if the purchase price is not paid within 30 business days after the order is made.
- TAS may verify whether the buyer is lawfully entitled to use the payment means used when paying the purchase price and may suspend or cancel the transaction until the buyer’s right to such use is confirmed.
- The purchase price the buyer has to pay is calculated in Korean Won for Korean credit cards and Korean bank transfers, and in USD for international credit cards and PayPal payments. The applicable exchange rate is determined by TAS.
- The exchange rate stated in the foregoing provision is subject to change without prior notice and, in case of a bank transfer, the price in Korean Won is determined according to the exchange rate determined by TAS at the time the buyer ordered the items to execute the purchase contract.
- In case of credit card payment, the exchange rate and settlement service fee are determined by the relevant credit card company, not by TAS or service provider.
Article 12 (Delivery)
- The delivery period shall be from the business day following the day on which payment receipt is confirmed to completion of delivery.
- Public holidays, weekends and any other days during which delivery is impracticable are not included as part of the delivery period.
Article 13 (Returns and Refunds)
If for any reason you are not satisfied with your order, you may return unopened products for a full refund if the products are delivered back to the TAS Korea office within thirty (30) days from the date of delivery.*
If items are lost or damanged during delivery, it's the customer's responsbility to contact TAS Korea to make the claim. The claim must be made within five (5) days of delivery. All manuals, packaging and parts must be returned to the TAS Korea office in order to receive a full refund or a replacement for the items.
*Note: TAS’s Returns and Refunds Policy for cell phones has different guidelines and coverage; it is the responsibility of the buyer to read and understand the terms and conditions of that policy upon purchase of a TAS cell phone.
Returns and Refund Policy
Items of the following packages cannot be returned individually. Either the entire package must be returned, or nothing at all.
- Apartment Cleaning Kit
- Kitchen Essential Set
- Dish / Utensil Set
- Bath Towel Set
- Sheet Set
Partial Refunds of the other TAS Packages
Many TAS customers use the promotions offered with various packages available available at our store. If a customer has utilized one of these promotions, but returns more than savings the package offered, TAS will create a detailed list of the original items in the package and calculate the amount refunded based on the regular price of each individual items. and the promotional value will be taken away. For example, if a customer purchased the Complete Package that offers $30 in savings, and used a promotional code that saved another $10 the total savings is $40. If the customer then returns merchandise from said package, and the combined value of the returned merchandise is over $40, TAS will (1) according to each item returned, refund the customer as is applicable (2) provide the customer with an itemized breakdown of original package and (3) ask the customer to pay the original purchase price for their products or whatever item or discount was applied to the original package.
The return delivery cost and necessary expenses for refund or exchange shall be borne by the customer. Products, merchandise and articles eligible for returns, refunds or exchanges must meet the following criteria:
- Returned item(s) must be returned with all parts and accessories, when applicable;
- Returned item(s) must be sent in original packaging or equivalent thereof;
- No returns, refunds and exchanges will be made if item(s) are returned after 30 days from time of delivery;
- Returns, refunds and exchanges will only be made once all of the items have been delivered back to TAS.
TAS offers no return, refund or exchange before full receipt of customer’s returned products, merchandise or articles. TAS strongly recommends shipping all returns in the original packaging; any products or merchandise found damaged upon arrival to TAS may delay or void a possible exchange or refund for the customer. TAS assumes no liability for items damaged or lost in transit.
TAS Phones: Return Policy
A) Termination of service within the first 7 days: If the Smart Phone or SIM Card is returned within 7 days of delivery and the phone is in “like new condition” or condition equivalent to which it was when delivered, the purchase price of the Smart Phone and phone deposit will be returned, less the following charges:
- non-refundable registration fees
- non-refundable SIM Card Purchase (if applicable)
- restocking fee of 10,000 won
- any usage charges on the phone, including but not limited to: percentage of base fee for duration line is opened, outbound calling, internet, TV, text messaging, and any other applicable charges related to use. A TAS representative will inform the CUSTOMER of this amount via email.
B) Early Cancellation: TAS Phone Service requires the minimum commitment of vaious contract lengths for SIM Cards and Smart Phones. If the CUSTOMER terminates their service prior to the completion of their purchased contract, the following deductions will take placeAs a customer, you might need to end your contract early for an unforeseen reason. Our cancellation policy is as follows: Your final invoice upon notification of early cancellation will include a penalty of the total # of incompleted months multiplied by 50% of your monthly phone rate. For example, if you signed a TAS Plus 12 month contract for 68.900 won per month, and you cancel during month 7, your final invoice will include the penalty of: 50% of 68,900 (34,450 won) x 5 (remaining months on your contract) = 172,250 won.
TAS may suspend or terminate the service and this agreement at any time, without any notice or liability if: the CUSTOMER fails to pay any amount when due (including any required deposit); TAS, in its sole discretion, considers the CUSTOMER an unacceptable credit risk and if the CUSTOMER fails to provide a security deposit acceptable to TAS; the CUSTOMER is in default under these service terms or any other agreement with TAS, a TAS dealer or any assignee; or if TAS reasonably apprehends the occurrence of any such events. If service is terminated for any reason, the CUSTOMER will remain liable for all accrued fees and charges. TAS will suspend the CUSTOMER’s phone usage if their bill has not been paid within twenty (20) days of the given due date. The CUSTOMER can resume usage of phone service when all payments have been made. These payments include: original bill, late fees (5,000 KRW) and fee incurred to activate the phone again (20,000 KRW).
Lost, Stolen Phones, Unreturned Phones:
TAS does insure its phones against loss, theft or damage beyond all repair, since doing so would raise the price of the phone service for the customer. Since we trust our customers will treat our phones with the utmost respect and guard them as their own, we have never needed to insure the phones themselves (we are grateful to our customers for this!). As is the case, we maintain fee for all phones lost or stolen:
If the phone is reported lost or stolen the customer will lose the initial deposit ($275 USD) made with the cell phone, or pay the replacement fee as determined by TAS.
Article 14 (Service Period and Suspension of Service)
- The service period under these Terms and Conditions shall be from the date of application for use of the services until termination of the Use Contract by either party.
- TAS may temporarily suspend the services in the event of repair, inspection, replacement and malfunction of computers and other information and communication facilities and interruption of communication, in which case, TAS will announce the temporary suspension of service and the reasons thereof on the homepage the TAS website.
- TAS may restrict or temporarily suspend the services if TAS’s services cannot be provided due to any force majeure event or any similar events beyond TAS’s control.
Article 15 (Copyright Policy)
TAS has established and enforces a policy to protect the copyrights of copyright holders in connection with the provision of its services, and Members must comply with the copyright policy of TAS.
Article 16 (Disclaimer)
- TAS only provides a transaction system based on TAS platform, and buyers shall be responsible in the event of any disputes arising in connection with any transactions completed or attempted using TAS transaction system.
- In the even of any absent willful misconduct or gross negligence of TAS by any Member, TAS will not be liable for any damages suffered by any Member due to temporary suspension of the services pursuant to Article 18(2).
- If TAS restricts or suspends services pursuant to Article 18(3), ATS is not liable on grounds of force majeure.
- TAS shall not be held liable for any disruption or other interruption in connection with the operation of TAS’s website due to any cause attributable to a member.
- TAS shall not be held liable for any damages arising from a member’s disclosure or provision of his or her personal information to another.
Article 17 (Jurisdiction)
Any legal proceedings brought in connection with disputes arising between TAS and any member from TAS services shall first be submitted to a mediator chosen by TAS. If the dispute cannot be solved with a mediator, the dispute will be submitted to the competent court having jurisdiction over the location of the head office of TAS.
Article 18 (Others)
- TAS may, if necessary, change or suspend certain services (or part thereof) temporarily or permanently by providing advance notice on its website.
- TAS and members may not transfer the rights and obligations under these Terms and Conditions to a third party without prior consent of the other party.
- Agreements, memoranda of understanding and notices additionally executed between the parties and notices on TAS to members pursuant to changes in TAS’s policies, enactment and amendment of laws and regulations, and announcements and guidelines of public authorities shall constitute part of these Terms and Conditions.
These Terms and Conditions shall become effective as of July 1, 2010
TAS Purchasing Service Use Policy
TheArrivalStore.com (“TAS”) has established and operates the following policy with respect to the use of the TAS purchasing services provided by TAS (the “Use Policy”).
Article 1 (Notice of the Use Policy and Amendment)
1. TAS shall post this Use Policy on TAS homepage located at www.thearrivalstore.com together with the Terms and Conditions. Any amendments shall be posted at least one day prior to the effective date of such amendment.
2. Members are responsible for reviewing the Terms and Conditions and the Use Policy to check for any notices of change.
Article 2 (Cancellation)
1. Members may cancel their order prior to delivery. If the order has already shipped, the cancellation will be handled as a return, not cancellation.
2. If a cancellation request is made, the cancellation will be immediately processed. However, if the item(s) has already been sent out, the buyer must pay the return delivery cost.
3. Refund upon cancellation will be made by immediate cancellation of credit settlement or in case of cash payment, refund into the member’s cash balance account within three (3) business days.
Article 3 (Refund)
1. In case of payment by bank transfer: The cancelled payment will be refunded into a bank of the buyer’s choice within two business days. TAS will not transfer a refund to an overseas bank account.
2. In case of credit card payment: While cancellation of payment by a credit card issued in Korea will be processed immediately, cancellation of payment by a foreign credit card will take longer for confirmation.
3. See TAS’s Returns, Refunds, and Exchanges Policy (Article 13, Terms and Conditions) for more information.
Article 4 (Cancellation)
- TAS shall not be liable for any copyright infringement claims in connection with shopping webzines, product reviews, Q&A, or any other postings.
- A Member whose copyright has been infringed upon on TAS may protect his or her due rights through the right-infringement reporting system operated by TAS.
- TAS may delete any postings without advance notice or restrict the services or terminate the use contract with respect to the posting Member.
Article 5 (Prohibited Acts)
1. Direct transactions: Direct transactions between the buyer and TAS’s service distributors, without the sale/purchase protection service provided by TAS, are prohibited for security purposes. The parties to any direct transaction are liable for any dispute or action arising from direct transactions and TAS shall not be held responsible for any damages resulting from such prohibited transactions.
2. System Misconduct:
- Use or access to the system in an abnormal manner other than as provided by TAS is prohibited.
- If system misconduct is confirmed, TAS may withdraw all or part of additional benefits, restrict the use of certain services or terminate the membership of such offender.
3. Settlement Misconduct:
- Use of the purchasing service provided by TAS by misappropriating another’s name, account information or any other information is prohibited.
- Any settlement-related activities that are prohibited under the Specialized Credit Financial Business Act, such as financing under the disguise of sale of goods or services are prohibited, and if such misconduct is confirmed, TAS may stop the transaction and notify the relevant authorities thereof.
- Purchasing activity without intent to purchase, such as when there is no actual delivery, is prohibited, and if such misconduct is confirmed, TAS may cancel the relevant transaction.