This site is operated by CMI PARTNERS Inc., having its registered office at 1 Yeonhuimat-ro, Seodaemun-gu, Seoul, South Korea, 03707. CMI Partners is registered with the Register of Commerce and Companies of South Korea under number 638 86 00129.
The present general conditions of sale apply to all orders placed with CMI PARTNERS Inc.(hereafter “Moomooz”) for the whole of the articles and services proposed by the www.moomooz.com website by natural persons, not business persons. Consequently, the fact for any person ordering a product offered on the Internet website of moomooz implies full and complete acceptance and awareness of these general conditions of sale prior to purchase.
Moomooz reserves the right to modify the present general sales conditions at any moment. Nevertheless, the General Sales Conditions applicable to the order placed by a Customer on the Site of moomooz are those accepted by the Customer at the time of order placement.
The present General Conditions define the entirety of the obligations of the various parties. In this sense, the Customer is considered to accept without reserve the entirety of the provisions envisaged under these general sales conditions. Moomooz is for its part committed to respecting its role as a retailer within the framework of the aforesaid conditions.
The present General Conditions have the aim of defining the rights and obligations of the various parties within the framework of the online sale of goods and services offered by moomooz to the Customer, from order to the delivery, including payment and the use of services provided by moomooz.
The present General Conditions govern the sale of the products on the day of order placement by the customer.
CAPACITY TO ENTER INTO CONTRACT
Every Customer of moomooz declares that he has the capacity to enter into contract on the conditions described hereafter, i.e. to be an emancipated minor or reached legal majority.
Moomooz reserves the right to refuse any order by a Customer with whom there exists, or which appears during processing, a dispute – in particular a dispute over payment.
ACCEPTANCE OF THE CONDITIONS BY THE CUSTOMER
The present Conditions can be read directly on the www.moomooz.com website. Under customer request, they can also be sent via electronic mail.
The Customer's checking the box "I accept the general sales conditions" before proceeding to secure payment constitutes an irrevocable acceptance which can only be called into question in the extreme cases envisaged under the present general sales conditions under the paragraph "right of withdrawal". The Customer accepts by this act to having read, understood, and accepted the present Conditions.
PLACING OF AN ORDER
The individual Customer can place his order at moomooz on the Internet 24 hours a day, 7 days a week.
The ordering process is composed of 5 successive stages. Once product selection has been completed, and the basket had been validated, the Customer must:
- clearly identify the products selected with the options of colors and sizes indicated on the www.moomooz.com website;
- indicate the quantities requested;
- identify himself, either by entering his Customer username and password which are strictly personal to him, or by giving all the information usually requested for an online inscription;
- clearly indicate information necessary for the delivery. This relates in particular to providing precise address of delivery, as well as possible restrictions of accessibility of the place of delivery (building, floor, door-codes, etc)
- finally, indicate the selected method of payment.
Once the payment method is selected, the Customer must proceed with his payment of order on the secure server, which will formalize the sales contract with moomooz in a firm and final manner.
Every order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will intervene within the framework of possible exchanges and guarantees mentioned below.
In every case, the bankcard number provided and the final validation of the order by the Customer will constitute proof of the order and current liability for the sums for the products selected in the order. This validation constitutes signature and acceptance of all the operations carried out on the www.moomooz.com website.
CONFIRMATION OF ORDER
A confirmation email is automatically sent to the customer once the order is placed to confirm the order provided that the email address indicated in the inscription form does not contain an error. The Customer must check the completeness and conformity of the information which he provides to moomooz. The latter cannot be held responsible for possible errors of data-entry and the consequences in terms of delay or delivery error. In this context, all the expenses engaged for resending will be the responsibility of the Customer.
FOLLOWING OF THE ORDER
The Customer can at any moment check the status of his order by consulting the heading "My account" on the www.moomooz.com website. This following of the order makes it possible for the Customer to acknowledge the stage of processing of his order, but also the stage of delivery of his parcels. This last following of delivery is carried out with the deliverers' Internet interface. Moomooz thus cannot be held accountable for the unavailability or errors that may affect the information supplied by its transporters. Moomooz endeavors nevertheless to make this information as clear as possible and to make the transport as reliable as possible with its transporters. The Customer can at any moment contact the CS department of moomooz in order to be informed of the stage of his order.
PROOF OF THE ORDER
The computerized registrations, preserved in the information processing systems of moomooz under reasonable conditions of security, will be regarded as the evidence of the communications, the orders and the payments that have been made between the parties.
The filing of orders and the invoices is carried out on reliable and durable support, which can be used as proof.
CHARACTERISTICS OF THE PRODUCTS
The information, characteristics, photographs and graphics presented on the sites or in the emails sent by moomooz are given only on a purely indicative basis, and for the major part are provided by the suppliers. In particular, the difference in perception of the forms and the colors between the photographs or graphics presented and the products cannot engage the responsibility of moomooz. Moomooz will make its best efforts to ensure that the photographic representation of the products on the www.moomooz.com website is as trustworthy as possible. It is nevertheless possible that the perception of the products does not correspond completely to the products. Products can sometimes be presented in photographs with other products. The description will mention what does and does not form part of the product.
Moomooz will not accept any responsibility over any indirect loss connected to present facts, in particular, with regards to a trading loss, loss of profit, loss of opportunity, damage or expenses, which may occur due to purchasing the products. Moomooz cannot be held responsible for any losses of data or files.
AVAILABILITY OF THE PRODUCTS
Moomooz is committed to delivering the orders received only within the limit of the stocks of the product available or within the limit of the stocks available from its suppliers. In the absence of availability of a product or products, moomooz is committed to informing the Customer as quickly as possible. Moomooz reserves the right to modify the selection of products according in particular to the constraints imposed by its suppliers. Availability can vary during the same day according to the level of sales. Moomooz carries out very frequent updates of availabilities, but cannot be held responsible if the stock is no longer the same as that which is indicated. More precise information can be provided to the Customer through email.
The unavailability of a product is mentioned on the concerned product page or on the shopping basket summary page.
If moomooz cannot obtain an ordered product from its suppliers, the company will notify the customer of the expected delay by email. The Customer in turn can either ask for the cancellation of the order with a refund of payment within 14 days, or the exchange of the product not available for another product. No cancellation penalty will be applied for such an order cancellation. No cancellation compensation (other than the full repayment of the Order) can be demanded, such an unavailability having resulted from a delay in updating this unavailability.
Moomooz cannot be held accountable for the non-fulfillment of an agreed contract in the case of the product being out-of-stock or unavailable, of causes beyond control, of disruptions caused by partial or all-out strikes, in particular of the postal services, transport, and communications, flooding and fires.
Prices are indicated in US Dollars. On an indicative basis, the prices on the website also appear in Euros and Pounds Sterling, but the price to be paid is in US Dollars and is systematically indicated in a clear way before the confirmation of the order.
The prices posted on the site are likely to be modified constantly. And if one or more taxes are suddenly created or modified, whether it rises or falls, such a change will be reflected in the selling price of the articles present on the www.moomooz.com website.
The prices do not take account of delivery charges, possible promotional offers and personal reductions, which will be indicated before the final confirmation of the order. The prices cannot be modified once the Customer has placed his order.
Orders for delivery to countries outside of South Korea are not subject to South Korea’s VAT. The prices indicated on the website for such orders are free of tax and therefore do not take into account VAT. Nevertheless, these orders are subject to possible taxes and customs fees in the destination country. The prices are shown without taxes.
The Customer is also responsible for verifying the possibilities of importing ordered items with respect to the governing laws of the destination country. We recommend the customer contact their local customs authorities for further information.
MEANS OF PAYMENT
The Customer can pay his order online with PayPal and bankcard (Visa/MasterCard and AMEX etc). The Customer guarantees moomooz that he has the necessary authorization to use the method of payment chosen by him during the confirmation of the purchase order. The debit for purchases on the customer's account is done at the time the order is processed.
Moomooz uses all means necessary to ensure the safety and confidentiality of data transmitted online. To this end, the site uses a protected mode of payment SSL(Secure Socket Layer) which allows the encoding of the Customer’s banking co-ordinates during their transmission on the Internet. The transaction is carried out via the payment wall which alone receives the banking information provided on the site at the time of the payment.
Moomooz reserves the right to suspend the processing and delivery in the case of a payment authorization by bank card being refused by officially accredited organizations or in the case of non-payment. Moomooz notably reserves the right to refuse to process and deliver an order placed by the Customer who has not paid in total a previous order, or with whom a dispute over payment has still not been settled.
Within the framework of a procedure, moomooz can check orders intended to make sure that no one uses the banking co-ordinates of another person without his or her acknowledgement, the Customer may be requested to send proof of identity or proof of residence by email to moomooz. The order will be confirmed only after reception and checking by our services of the details sent. In the absence of reception of these elements within 14 days following the placing of the order, the order will be automatically cancelled.
The completed order which the Customer makes online or the confirmation of the order sent by email to the Customer by moomooz does not act as an invoice. The Customer has the original copy of the invoice in his online account.
Moomooz preserves an electronic copy of each invoice.
In the case of a delivery to an address different from the billing address, the invoice for orders is only ever available in the Customer's online account.
TRANSFER OF PROPERTY
Moomooz remains as the owner of the Products delivered until their complete payment by the Customer is confirmed. The provisions above do not prevent the transfer to the Customer of the risks of loss or deterioration of the Products during delivery as well as of the damage which they could cause.
The geographical areas of delivery for items from moomooz are as follows:
Rest of the world: The Customer can contact moomooz Customer Services to have more information on delivery conditions to a specific country in the world.
Products are delivered to the address indicated by the Customer on the purchase order. The Customer must check the exhaustiveness and the conformity of the information which he provides to moomooz. The latter cannot be held responsible for possible errors of data entry and the consequences in terms of delay or delivery error. In this context, all expenses engaged for the resending of an order will be entirely the responsibility of the Customer.
Moomooz cannot be held responsible for delivery delays because of errors or disruptions due to transporters (including in particular in the event of a partial or all-out strike in particular of the mail services, transport and communications).
Orders placed online via the www.moomooz.com website are dealt with every day from Monday to Friday, except public holidays of South Korea. As of reception of the dispatch confirmation email, the Customer can take into account the transportation times mentioned below.
An email is automatically sent to the Customer at the time of dispatch of the Products subject to the email address indicated in the inscription form not containing an error.
Transport times depend on the place of delivery.
Moomooz informs Customers of the delivery times on a purely indicative basis, as given by the chosen transporter. Transport charges are given as an indication at the moment directed to the shopping basket and are confirmed definitively according to the destination of delivery chosen, before the final confirmation of the order.
Delivery times may be considered as the following:
- If the products are available, the delivery period is equal to the dispatching time plus transport time.
- If the products are not immediately available, then delivery time equals dispatching time plus transport time plus times of delivery by moomooz's suppliers.
If it happens that initial delivery times cannot be met, a new delivery time will then be communicated to the Customer, according to the information available to moomooz. In this case, an option to cancel the order with a refund or credit, will be also made to the Customer.
Moomooz informs its Customers that these delivery times do not include Saturdays, Sundays and public holidays.
The products are packaged so as to respect the standards of transport in force, and to ensure optimal protection of the products during their delivery. It is requested from the Customer to respect these same standards in the case of a product being returned because of after-sales service or for reasons of suitability. Any damage noted to a product arising from the product not being repackaged properly may lead to only a partial refund, or no refund in the event of the impossibility of resale in its state or in the event of a technical problem indicated having been worsened.
RESPONSIBILITY OF THE CUSTOMER TO CHECK PARCELS UPON RECEPTION
Moomooz reminds customers that it is the responsibility of the Customer to inspect his parcels upon reception in the presence of the deliverer and to notify the transporter as well as moomooz of any anomaly (bumps, damage to the parcel, delivery date not conforming to normal times of the parcel delivery…) within 2 working days. In the case where such elements are not noted on the delivery slip presented to the Customer by the transporter, no complaint related to the state of the parcel can be accepted a posteriori by moomooz.
DELAYS IN DELIVERY RELATED TO THE TRANSPORTER
In the case of a delay in delivery compared to the times announced by the transporters, the Customer must contact the transporter first, to see whether the parcel is not about to be dispatched. If the need arises, the Customer must contact moomooz Customer Services by email in order to create a file of contention or start an official search for the parcel.
It can happen that parcels are mislaid by transporters. The times given by transporters require that the Customer declares the loss within 10 days following the reception of the dispatch notice sent by moomooz. Under these conditions, moomooz accepts the responsibility of contacting the transporter concerned.
If the parcel is found, it will be immediately sent to the residence of the Customer. In the event that the parcel is not found, the Customer will be able to ask for the same product to be sent again (subject to availability), at moomooz's expense, or be refunded the amount paid. If one or more ordered products are not available at that moment, moomooz will refund the amount paid for the products considered lost by the transporter.
The Customer must inspect the state of the parcel in the presence of the transporter and note any reserves necessary on the delivery slip in the event of partial or total deterioration. In the absence of noting such points, the product is considered to be accepted by the Customer and cannot be the subject of any dispute concerning its delivery. The Customer must notify moomooz by email so that moomooz can take the necessary measures as quickly as possible.
LEGAL WITHDRAWAL PERIOD
In accordance with the Framework Act on Consumers, Customers have a withdrawal period of 14 calendar days from the date of receipt or withdrawal of the Items to exercise their legal right of withdrawal and notify moomooz of their intention to return the noted Item. If the Items may be the subject of the legal right of withdrawal, Customers exercising their right of withdrawal under the conditions provided for in this article in terms of deadlines and methods of return of the Items, may obtain a refund of the returned Items.
The refund will be made by the same means of payment as that used by the Customer for the initial transaction, unless otherwise specified by the Customer to be refunded as credit. The refund will be made as soon as possible and, at the latest, within 14 days following the effective exercise of the right of withdrawal by the Customer. This period may however be extended by moomooz until moomooz receives the goods returned by the Customer to the address indicated on the return receipt, or until moomooz receives proof of shipment of the Items by the Customer. If the 14 days period expires on a Saturday, Sunday, holiday or non-working day, it is extended until the next business day.
The right of withdrawal is exercised under the same conditions, as of the Order and before Delivery.
ITEMS EXCLUDED FROM THE STATUTORY WITHDRAWAL PERIOD
In accordance with the Framework Act on Consumers, for the Ordering of Items which, because of their nature, cannot be reshipped or are likely to deteriorate or expire quickly, the Customer has no right of withdrawal to return the Order.
AGREED WITHDRAWAL PERIOD
In order to ensure the satisfaction of its Customers, moomooz accepts returns by post to the address indicated by the Customer Service or the delivery note of the relevant Article, which is longer than the legal withdrawal period referred above. As such, the Customer has 14 days from the date of receipt of the order to retract and return the Items. The return of Items beyond this period will not be accepted.
PROCEDURES FOR EXERCISING THE RIGHT OF WITHDRAWAL
All the products excluding sale items can be returned.
The return request can be made by connecting to the moomooz website, in the “My Orders” section of My Account: just check the product and the quantities you wish to return, fill in the reason for the return and confirm by clicking on “Submit request”.
Moomooz suggests to Customers to return their products by registered mail or with a complementary insurance, guaranteeing them, if necessary, the compensation of the products to the level of their real market value in case of spoliation or loss of this commodity. In all cases, the return is made at the risk of the Customer. It will be up to the customer to keep any proof of return.
Return address of the Parcel: moomooz Customer Service, 4F, Haeam Building, 155, Shinchon-ro, Seodaemun-gu, Seoul, South Korea, 03766.
If the Customer fails to meet the deadlines, moomooz will not refund the Customer.
Retraction can never be exercised if the items delivered are items that have been, even partially, worn, washed, soiled, damaged or used. Similarly, the Items returned incomplete, damaged or soiled by the Customer will not be returned nor exchanged.
The Items must also be provided with the purchase order, either on the return voucher, attached to the delivered Items signed by the Customer, or on any other document. The Customer is informed that the use of the return voucher facilitates the return procedure by moomooz. The Customer is therefore strongly encouraged to use this return voucher.
The Customer’s liability may only be incurred in the event of depreciation of the Item resulting from manipulations other than those necessary to establish the nature, characteristics and, as the case may be, the proper functioning of the Items.
Refund in case of use of the right of withdrawal will be made by the same means of payment as used by the Customer for the initial transaction, unless otherwise specified by the Customer.
Customers are expressly informed that moomooz is not the manufacturer of the products presented on the www.moomooz.com website. Consequently, in case of damage caused to a person or a good by a defective product, only the responsibility of the manufacturer can be sought by the Customer, on the basis of the information indicated on the packaging of the said product. In addition, moomooz reminds that the products, services and information offered by moomooz do not replace, in any way, constant monitoring by adults. Moomooz cannot be held liable for non-compliance with the legislation of the country where the products are delivered. It is up to the Customer to verify with the local authorities the possibilities of importing or using the products or services that you intend to order.
All claims should be sent primarily via email under the heading “Customer Service” of the Site.
Contact address: firstname.lastname@example.org
If applicable, the refund will be made within 14 days of receipt of the Article by moomooz, depending on the payment method chosen during the Order, either on the credit card used for payment, or on the Customer’s PayPal account, or by bank transfer. These provisions are not exclusive of the aforementioned right of withdrawal.
It is specified that moomooz adheres to the e-Commerce Mediation system of the Seoul Western District Court.
The Customer can therefore contact the Seoul Western District Court mediation service by clicking on this link: http://slseobu.scourt.go.kr/main/new/Main.work
The products on offer confirm to Korea legislation in force and applicable to norms in Korea.
Moomooz cannot be held responsible in the event of non-observance of legislation in the country where the product is delivered. It is up to the Customer to check with the local authorities on the possibility of importing or using the products which he wishes to order. Moomooz cannot be held responsible for inconvenience and losses relating to the use of the Internet, in particular a breakdown in the service, the presence of computer viruses or external intrusions and more generally all cases defined by the courts as outside our control or committed by third parties.
Hypertext links may send out to other sites than that of the www.moomooz.com site. Moomooz refuses any all responsibility if the contents of these sites contravene any laws or rules in force.
Neither of the two parties will have failed on its contractual obligations, insofar as their execution is delayed, blocked or prevented by circumstances beyond their control.
Force majeure or circumstances beyond control will be regarded as that which are external to the two parties, unforeseeable, inevitable, independent of the will of the parties, and which could not be prevented by them, despite all reasonably possible efforts.
The party affected by such circumstances will warn the other party within ten working days from the date on which the first party will have learnt of it.
The two parties will communicate with each other within a month, except if this is impossible due to force majeure, to examine the situation and reach agreement on the conditions under which the execution of the contract will be continued.
If the force majeure case is of duration greater than three months, the present general conditions can be cancelled by the injured party.
Force majeure, as well as what is defined by the tribunals of the Seoul Western District Court, will be considered to include the following:
- all-out strikes or partial ones, external or within the company, a blockage of supplies or transport for whatever reason, legal or governmental restrictions, computer breakdowns, earthquakes, fires, storms, floods, lightning, breakdown of telecommunications or network works not under control of the Customer.
Visitors or Customers of the www.moomooz.com site have a constant right of access, modification, correction and suppression of the data which relate to them in application of the Korean Privacy Act.
At the time of customer inscription or ordering, or within the framework of other specific operations, moomooz invites Visitors or Customers to receive its newsletters, its promotional offers, and / or to register to stay informed of its exclusive sales. At any time, the Visitor or Customer can modify his subscription through his personal account, or through the hypertext link appearing at the bottom of the offers received by email.
Moomooz is committed to taking into account the modifications of subscription and of withdrawal of subscription to its commercial emails within the shortest possible delay.
Moomooz may also invite its Visitors or Customers to receive promotional offers from its partners. For commercial purposes, moomooz can also share with its trade partners the identity and the coordinates of its Users or Customers, only insofar as they have accepted the disclosure of their personal data. The Users and Customers can modify their choices on the moomooz site at any time.
Moomooz uses data acquisition systems such as cookies. Cookies are a computer file stored on the hard disk of the user's computer. Cookies make it possible to announce a preceding visit of the user on the site and to connect the user to his personal data left on the site, in particular in reference to his orders in course. Moomooz informs its Customers that the processing of these personal data was the object of a declaration to the Korean Privacy Act.
The entirety of the contents (texts, comments, works, illustrations, images, videos, graphics, sounds… including underlying technologies used) posted on this site is reserved under copyright and intellectual property rights for the whole world. For this reason and conforming to the provisions of the Korean Code of Intellectual Property, only private use is authorized, subject to different provisions which may be even more restrictive than the code of intellectual property. Any other usage may constitute as pirating and be sanctioned by the law covering intellectual property, except in the case of preliminary authorization by moomooz. Any total or partial reproduction of moomooz catalogue is strictly prohibited.
Any person having an Internet website wishing to place on his site a simple link directly to the www.moomooz.com website must request authorization from moomooz. An authorization given by moomooz will not constitute an implicit agreement of affiliation and will not be in any case given on a permanent basis. On moomooz’s request, this link will have to be removed.
A change of legislation, regulation or a decision of the court rendering invalid one or more clauses of these general sales conditions will not affect the general validity of these Conditions. Such a change cannot in any way make it possible for the Customer not to observe these general sales conditions.
If a condition is not explicitly mentioned, it will be regarded as conforming to usage in the sector of mail order sales by companies based in South Korea.
Relations between moomooz and the Customer are controlled exclusively by the present conditions at the exclusion of any other condition appearing on the www.moomooz.com website.
The present Conditions apply throughout the entire time of all online services offered by moomooz. They can be modified at any time by moomooz. The Conditions applicable are those in force on the date of the registration of the order.
The sale of products of moomooz are subject to the Korean law. Any dispute relating to the existence, interpretation, execution or breach of the contract concluded between moomooz and the Customer, even in the event of a plurality of defendants, will be, in the absence of mutual agreement, the exclusive competence of the tribunals of the Seoul Western District Court.