Terms of Service
Terms of Service
You are buying a KAESA Product, if you are on the respective kaesa.co product page and you do not see any reference to your contract partner being any different from KAESA. For the purchase of KAESA Products, Sections A and B of our Terms and Conditions are applicable.
Regardless of which buying model you are using, you can contact our Customer Services team with any questions, comments or suggestions without affecting your statutory rights:
How to reach our Customer Service Team:
E-Mail for KAESA Customer service: email@example.com
As online retailers, we are statutorily obliged to outline the Terms and Conditions of using our Websites. All sections are outlined below.
Section A – General Terms and Conditions
- About us and these Terms and Conditions
- a) “Account” means the account that you will need to register for on the site if you would like to submit an order on the site;
- b) “Acknowledgement” means our acknowledgement of your order by email;
- c) “Breach of Duty” has the meaning given to it in clause 9.9(b) of these terms and conditions;
- d) “Business Day” means a day which is neither (i) a Saturday or Sunday, nor (ii) a public holiday.
- e) “Confirmation of Order” means our email to you in which we accept your order in accordance with clause 4.10 below;
- f) “Contract” means your order of a product or products in accordance with these terms and conditions which we accept in accordance with clause 4.10 below;
- g) “Customer” means individual who places an order on the site;
- h) “Liability” has the meaning given to it in clause 9.9(a) of these terms and conditions;
- i) “Order” means the order submitted by you to the site to purchase a product from us;
- j) “you” means the customer who places an order;
- k) references to “clauses” are to clauses of these terms and conditions;
- l) headings are for ease of reference only and shall not affect the interpretation or construction of the terms and conditions;
- m) words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
- n) references to “includes” or “including” or like words or expressions shall mean without limitation.
- The Customer’s Account
- How a Contract is formed
- Cancellation by us
- Faulty Products
- b) the product will conform with the manufacturer’s latest published instructions as set out on the website or in our product material at the time of your order.
a) been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or
b) been involved in any accident or damage caused by an incorrect attempt at modification or repair; or
c) been dealt with or used contrary to our or the manufacturer’s instructions for the product; or
d) deteriorated through normal wear and tear, After delivery by us, we may at our discretion decide not to repair, replace or refund you for the product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
8. Circumstances beyond our control
- Limitation of Liability
9.1 This clause 9 prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for:
- a) the performance, non-performance, purported performance or delay in performance of these terms and conditions or a contract or the site (or any part of it or them); or
- b) otherwise in relation to these terms and conditions or the entering into or performance of these terms and conditions.
9.2 Nothing in these terms and conditions shall exclude or limit:
- a) our Liability for (i) fraud; (ii) death or personal injury caused by our breach of duty; (iii) any breach of the obligations implied by s.12 Sale of Goods Act 1979 or s.2 Supply of Goods and Services Act 1982; or (iv) any other liability which cannot be excluded or limited by applicable law; or
- b) your statutory rights as a consumer.
9.3 In performing any obligation under these terms and conditions, our only duty is to exercise reasonable care and skill.
9.4 Subject to clause 9.2:
- a) we do not warrant and we exclude all liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the site; and we exclude all liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and
- b) you should not rely on any information accessed using the site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.
9.5 Save as provided in clauses 9.2, we do not accept and hereby exclude any liability for breach of duty other than any such liability arising pursuant to the provisions of these terms and conditions.
9.6 Save as provided in clause 9.2, we shall have no liability for:
- a) loss of revenue;
- b) loss of actual or anticipated profits;
- c) loss of contracts;
- d) loss of the use of money;
- e) loss of anticipated savings;
- f) loss of business;
- g) loss of operation time;
- h) loss of opportunity;
- i) loss of goodwill;
- j) loss of reputation;
- k) loss of, damage to or corruption of data; or
- l) any indirect or consequential loss; and such liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of doubt, clauses 9.6(a) to 9.6(l) apply whether such losses are direct, indirect, consequential or otherwise.
9.7 Save as provided in clause 9.2:
- a) our total liability under any contract shall in no circumstances exceed, in aggregate, a sum equal to the greater of: i) 100,000 KRW; or ii) 110% of the value of the relevant contract under which the cause of action arises; and
- b) our total liability to you or any third party shall not in any other circumstances exceed, in aggregate, a sum equal to the greater of: i) 100,000 KRW; or ii) 110% of any aggregate amount paid by you to us in the 12 months preceding any cause of action arising.
9.8 The limitation of liability under clause 9.7 has effect in relation both to any liability expressly provided for under these terms and conditions and to any liability arising by reason of the invalidity or unenforceability of any term of these terms and conditions.
9.9 In these terms and conditions:
- a) “Liability” means liability in or for breach of contract, breach of duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these terms and conditions, including, without limitation, liability expressly provided for under these terms and conditions or arising by reason of the invalidity or unenforceability of any term of these terms and conditions (and for the purposes of this definition, all references to “these terms and conditions” shall be deemed to include any collateral contract); and
- b) “Breach of duty” means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).
10. Default, Winding Up
- b) give notice to any of your creditors that you have suspended or re about to suspend payment or if you shall be unable to pay your debts within the meaning of Section 123 of the Insolvency Act 1986, or an order is made or a resolution is passed for your winding-up or an administration order is made or an administrator is appointed to manage your affairs, business and property or a receiver and/or manager or administrative receiver is appointed in respect of all or any of your assets or undertaking or circumstances arise which entitle the court or a creditor to appoint a receiver and/or manager or administrative receiver or administrator which entitle the court to make a winding-up or bankruptcy order or you take or suffer any similar or analogous action in consequence of debt in any jurisdiction; we may terminate the applicable contract immediately on giving notice in writing and retain any advance payment and you shall indemnify us against all claims, losses, damages, liabilities, costs and expenses of whatsoever nature resulting from any such termination and all sums due to us from you shall become immediately payable.
- Data protection
Please see our Privacy which forms part of these terms and conditions.
12.1 Any notice under a contract shall be in writing and may be served by personal delivery or by pre-paid or recorded delivery letter or by email addressed to the relevant party at the address or email address of the relevant party last known to the other.
- Korean law and jurisdiction
- Amendment to the General Business terms and conditions
We reserve the right to amend these terms and conditions at any time. All amendments to these terms and conditions will be posted online. However, continued use of the site will be deemed to constitute acceptance of the new terms and conditions.
Section B – KAESA Products
- Contractual Partners / Language
1.1 By placing an order for KAESA Products, you are entering into a Contract with KAESA, based in South Korea. You can find an explanation on when the purchased product is a KAESA Product in the introduction of this Terms and Conditions. For KAESA Products Section A and Section B apply.
- a) charge you for our reasonable storage fee and other costs reasonably incurred by us; or
- b) no longer make the product available for delivery or collection and notify you that we are immediately cancelling the applicable contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the applicable contract, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees as provided for in clause 2.11(a) above).
- Information concerning the exercise of the right of withdrawal
Effects of withdrawal
Availability of the Websites, security and accuracy
- Whilst we endeavor to make the Websites available 24 hours a day, we cannot be liable if for any reason the Websites is unavailable for any time or for any period. We make no warranty that your access to the Websites will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
- Access to the Websites may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the Websites for any reason. If we impose restrictions on you personally, you must not attempt to use the Websites under any other name or user.
- We do not warrant that the Websites will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any computer equipment, software, data or other property as a result of your access to or use of the Websites or your obtaining any material from, or as a result of using, the Websites. We shall also not be liable for the actions of third parties.
- We may change or update the Websites and anything described in it without notice to you.
- Whilst we endeavor to ensure that information and materials on the Websites are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. This shall not affect any obligation which we may have under any contract that we may have with you to provide you with services, including any obligation that we may have under that contract to provide you with accurate information and advice, and which we may do through a secure part of the Websites available to people who use the appropriate password.
- The material contained on the Websites is provided for information purposes only and it shall not give rise to any commitment or obligation by us. Any information on the Websites shall not constitute any part of an offer or contract.
Registration for the Service
- If you would like to submit an order to the Websites to purchase one of the products listed on the Websites, you will need to register for an account on the Websites (“Account”) which you will be able to access on the Websites through the “My User Account” part of the Websites. To register you need to supply us with your name, postal code and email address and possibly some other personal information. See our Privacy for more details about this.
- Once you register with one of the Websites, you will be asked to create a username for, and allocate a password to your account. You must keep the password confidential and immediately notify us if any unauthorized third party becomes aware of that password or if there is any unauthorized use of your email address or your account or any breach of security known to you. You agree that any person to whom your user name or password is disclosed is authorized to act as your agent for the purposes of using (and/or transacting via) your account. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
- You must be registered with a valid personal email address that you access regularly, so that, among other things, administration emails can be sent to you. Any accounts which have been registered with someone else’s email address or with temporary email addresses may be closed without notice. We may require you to validate accounts at registration or if we believe you have been using an invalid email address.
- When you register for an account, and whenever you log on to your account thereafter, you have the option to sign up to receive, and to opt out of receiving, information emails (such as newsletters, information on offers etc). You are able to unsubscribe from such information emails at any time by logging in to your account.
- Although we save the information relating to any order that you submit to the Websites to purchase one of the products listed on the Websites, you will be unable to directly retrieve this information for security reasons. You may access this information by logging in to your account. You will be able to view information relating to your completed, open or recently dispatched orders and manage and save your address information, any bank details and any newsletter to which you may have subscribed.
- We accept liability for death or personal injury caused by our negligence, or for our fraudulent misrepresentation or for any liability that we cannot exclude or limit at law.
- To the extent possible by law and subject to paragraph 22 above, in all cases other than in respect of services that we provide for a specific consumer (which shall be governed by its own contractual terms and terms of engagement), to the extent permitted by law:
- If you enter into a contract with us by submitting an order for a product through the Websites which is accepted by us in accordance with our Terms and Conditions, the relevant provisions of those Terms and Conditions relating to the our liability and its limitation in relation to such a contract shall replace the limitation of liability provisions in clause 22.a above.
- The KAESA names and logos and all related names, design marks and slogans are the trade marks or service marks of us or our licensors.
Intellectual Property Rights
- We are the owner or the licensee of all intellectual property rights in the Websites, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- You may print off one copy, and may download extracts, of any page(s) from the Websites for your personal reference and you may draw the attention of others within your organization to material posted on the Websites.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- You must not use any part of the materials on the Websites for commercial purposes without obtaining a license to do so from us or our licensors.
Information about you and your visits to the Websites
Transactions concluded through the Websites
- Contracts for the supply of products formed through the Websites or as a result of visits made by you are governed by our Terms and Conditions.
Third Party Websites
- We have no control over and accept no responsibility for the content of any site to which a link from the Websites exists (unless we are the provider of those linked sites). Such linked sites are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them. We do not provide any endorsement or recommendation of any third party site to which the Websites provides a link.
- You must not without our permission frame any of the Websites onto your own or another person’s website.
- We hereby grant to you a revocable, non-exclusive, royalty-free right to provide a link from your website to the home page of the Websites, provided that you do so in a fair and legal way without damaging our reputation or taking advantage of it. In particular: a) you shall not make any warranties or representations about us, our services or our policies except with our prior express authorization b) you shall not say anything that is false, misleading, derogatory or offensive about us or our services or policies and c) you shall not suggest expressly or impliedly that we have endorsed your site or are associated with it where this is not the case.