Terms and Conditions for Using SHAPLEI
SHAPL provides a platform where users can purchase SHAPL fashion items using the designs they want. SHAPL promises to lay a ground for many designers to participate in SHAPLEI so that users can experience a variety of products, and to import or produce the highest quality clothing and miscellaneous goods so that they can purchase the best products. To this end, between designers and users, SHAPLEI will make every effort to present the contents that are relevant and interesting to users based on their activities.
Please read these Terms and Conditions before registering as a member.
Article 1 (Purpose)
The purpose of these Terms and Conditions is to define the rights, obligations and responsibilities of each user and SHAPL when SHAPL Co.(hereinafter, “SHAPL”) provides e-commerce services and customized print production services.
Article 2 (Definition)
1. “SHAPLEI” refers to the website, mobile web, application, etc., operated by the company to provide the users with products or services using the IT devices, such as the platform (http://www.shaplei.com), where the ‘upload user’ can upload the designs and the ‘purchasing user’ can purchase the products of the uploaded design.
1. “SHAPL Service” refers to all services provided by SHAPL through SHAPLEI. It means all services such as products or services provided by SHAPLEI, where the ‘upload user’ can upload the designs and the ‘purchasing user’ can purchase the products of the uploaded design.
2. “User” refers to all persons (individuals, companies, etc.) who have signed up for membership to use the SHAPL service. The users are classified into ‘purchasing users’ and ‘upload users’ according to the purpose of using the service. Each user's rights and obligations are set forth in these Terms and Conditions.
3. “Purchasing User” means a person who purchases or intends to purchase products from SHAPLEI.
4. “Uploading User” a person who uploads his/her own design to SHAPLEI directly as the design copyright holder. If SHAPL acquires the design license separately and uploads it to SHAPLEI, the design copyright holder is not classified as an upload user.
5. “Non-member user” means a person who uses SHAPLEI without registering as a member.
6. “Discount coupon” means a coupon that a user can be discounted by the indicated amount or percentage when purchasing products or using SHAPL services.
7. “Design” comprises all designs and photos that can be imagined such as graphic design, product design, photography, etc.
8. “Design royalty” is the fee that SHAPL pays to uploading users when purchasing users purchase the products of uploaded designs. Detailed design royalty and payment methods are presented on the SHAPLEI website.
9. Definitions of the other terms used in these Terms and Conditions shall be in accordance with the relevant laws and guidelines for each service.
Article 3 (Presentation, Explanation and Revision of Terms and Conditions)
1. SHAPL shall post the contents of these Terms and Conditions, name of company and representative, business address (including the address where customer complaints can be handled), phone number, e-mail address, business registration number, e-commerce declaration number, personnel in charge of personal information management on its website so that users can easily identify them. The contents of the Terms and Conditions can be viewed on the SHAPLEI website.
2. Before the user agrees to the Terms and Conditions, SHAPL shall provide them with SHAPLEI homepage or pop-up screen for confirmation so that the user can understand important contents such as withdrawal of subscription, delivery responsibility, refund conditions, design copyright, etc.
3. SHAPL can amend these Terms and Conditions to the extent not violating the relevant laws such as 「Act on Consumer Protection in Electronic Commerce, Etc.」, 「Act on Regulation of Terms and Conditions」, 「Basic Act on Electronic Documents and Electronic Transactions」, 「Electronic Financial Transactions Act」, 「Electronic Signature Act」, 「Act On Promotion Of Information And Communications Network Utilization And Information Protection」, 「Act on Door-to-door Sales」, and 「Framework Act on Consumers」.
4. When revising these Terms and Conditions, SHAPL shall post the effective date and the reason for the revision along with the current Terms and Conditions on the SHAPLEI homepage from 7 days before the effective date to the day before it. If revised to be unfavorable to users, they shall be posted from 30 days before the effective date to the day before it.
5. If these Terms and Conditions are amended in accordance with Paragraph 3, they shall not be applied retroactively before the effective date unless there are special provisions in the relevant laws or other unavoidable reasons. In other words, the amended Terms and Conditions are applied only to contracts concluded after the effective date, and the previous Terms and Conditions are applied to contracts already concluded before that date.
6. For the matters not stipulated in these Terms and Conditions and interpretation of these Terms and Conditions, please refer to the 「Act on Consumer Protection in Electronic Commerce, Etc.」, 「Act on Regulation of Terms and Conditions」, 「Guidelines for Consumer Protection in Electronic Commerce, etc.」 issued by Fair Trade Commission and relevant acts or commercial practices.
Article 4 (Provision and Change of Service)
1. SHAPL provides SHAPL service and other accompanying services.
2. SHAPL may change the contents of SHAPL service in relation with products or services or technical specifications for the contracts to be concluded in the future. In this case, the contents of the changed SHAPL service and the effective date shall be posted immediately on the place where the contents of the current SHAPL service are posted.
Article 5 (Suspension of Service)
1. SHAPL may temporarily suspend the provision of services in the event of maintenance, inspection, replacement, breakdown or interruption of information and communication facilities such as computers.
2. SHAPL shall compensate for damages suffered by the user due to the temporary suspension of the service due to the causes of paragraph 1. However, this is not the case if SHAPL proves that there is no intention or negligence in it.
3. When the service cannot be provided due to conversion of business item, abandonment of business, integration between companies, etc., SHAPL shall notify the users as stipulated in Article 8 and compensate them according to the conditions originally suggested by SHAPL.
Article 6 (Membership)
1. A prospective user applies for membership by entering the member information in the registration form set by SHAPL and expressing that he or she agrees to these Terms and Conditions.
2. SHAPL shall register those who applied for membership as in Paragraph 1 as members, unless they fall under any of the followings:
1. If the applicant for membership has previously lost his or her membership pursuant to Article 7 (3) of these Terms and Conditions
2. In case of false, omission or error in the registration details
3. If the applicant is under 14 years of age as of the registration date
4. If it is judged to significantly interfere with the operation or maintenance of SHAPL service
5. If the identity of the applicant is not verified or turned out to be false when SHAPL performs the identity verification process
3. If there is a change in the information after the membership registration, the user shall notify the change by means of modifying member information, etc. SHAPL is not responsible for any damage to users caused by not modifying member information.
4. The membership contract is concluded when SHAPL's approval reaches the applicant.
5. To comply with rating and age restrictions in accordance with relevant laws such as 「Film and Video Promotion Act」 and 「Youth Protection Act」, SHAPL may restrict users' use of SHAPL services or purchase of products or ask applicants to inform of their age and identity.
Article 7 (Withdrawal and Loss of Membership)
1. A user may request withdrawal from SHAPL at any time, and SHAPL shall immediately process the withdrawal of membership. When he/she withdraws it, the membership is lost and various discount coupons and event benefits provided by SHAPL are also expired.
2. If a user falls under any of the following reasons, SHAPL may restrict or suspend his/her membership:
1. When entering false information or other's information at membership application
2. When not paying the debts borne by the user within due dates in relation to the purchase of products or services using SHAPL
3. When threatening the order of e-commerce by interfering with other people's use of SHAPL service or stealing the information
4. When conducting an act prohibited by laws or these Terms and Conditions or contrary to public order and morals using SHAPL
5. When intentionally conducting other actions obstructing the operation of services
3. If a member repeats the same action twice or more after SHAPL restricted or suspended his/her membership, or if the cause is not corrected within 30 days, SHAPL may cancel his/her membership.
4. If SHAPL cancels the membership, the membership registration is terminated. In this case, the user is notified of this and given an opportunity to explain within at least 30 days before the membership registration is terminated.
Article 8 (Notification to Users)
1. When notifying a user, SHAPL may use e-mail, SMS, or phone as the user has agreed with SHAPL in advance.
2. When notifying unspecified users, SHAPL may post it on the SHAPL bulletin board for more than one week instead of individual notices. However, individual notices shall be given for matters that have a significant impact on the user's own transaction.
Article 9 (Provision of Information and Posting of Advertisement)
1. SHAPL may provide the members with diverse information, which is deemed necessary for the use of service, through bulletin board, e-mail, SMS, phone, or app push. Meanwhile, users can refuse to receive such notifications through e-mails, etc. at any time, except for the information on procedures for fulfillment of obligations imposed on SHAPL in accordance with laws, the answers to customer inquiries, and other transaction-related information.
2. SHAPL may post advertisements on the service screen, e-mail, etc. in connection with the operation of the service. Members who have received e-mails with advertisements, etc. can refuse to receive them, and the company shall provide the members with a method for the refusal.
Article 10 (Design Copyright, Use and Upload)
1. Uploading users can upload their designs according to the method set by SHAPL.
2. When uploading a design, the user is considered to have agreed to each of the followings:
1. From the moment the uploading user confirms to agree to all the uploading conditions and uploads the design, SHAPL and the uploading user are deemed to have entered into a ‘worldwide non-exclusive partnership contract’. The copyright of design itself, that is, original work, belongs to the uploading user and does not transfer the design to SHAPL.
2. Designs uploaded to SHAPLEI can be attached to clothing and miscellaneous goods in the form of prints or stickers and purchased through SHAPLEI by unspecified purchasing users. The clothing and miscellaneous goods with the design are derivative works and products for resale. When uploading the design, the uploading user is deemed to have agreed to create such derivative works with his/her own design and sell them through SHAPLEI. The copyright and other intellectual property rights for the derivative works belong to SHAPL. In addition, when uploading a design, the uploading user is deemed to have agreed that SHAPL uses the uploaded design to create its advertising contents and post it on the homepage or distribute it through other routes.
3. When a purchasing user purchases a product containing the uploaded design through SHAPLEI, the uploading user receives the design royalty from SHAPL for this. Details regarding the design royalty can be found on the SHAPLEI website.
4. Even after the uploading user cancels or deactivates his/her account and removes the designs from SHAPLEI, SHAPL may retain the uploaded designs for a certain period of time for backup, archival and auditing purposes.
5. The design royalty of uploading users can be checked on the SHAPLEI website.
3. The design uploaded by the uploading user is posted on the SHAPLEI website after the examination process to decide whether or not to post it according to the standards set by SHAPL. This decision is solely at the discretion of SHAPL. However, in any of the following cases, the design of the uploading user may be immediately disapproved:
1. In case it does not meet the approval criteria or the same proposal already exists
2. In case of repeatedly proposing a disapproved proposal by repeated creation of a SHAPL account, etc.
3. When a user suspended or withdrawn from SHAPL due to a violation of these Terms and Conditions applies for a design during the period of suspension or re-subscription
4. In case of unfair or illegal proposal that violates the conditions of these Terms and Conditions
5. Other cases where SHAPL reasonably decides that it is necessary to reject the proposal.
4. No users shall use the uploading user's design and information for which intellectual property rights belong to SHAPL without prior consent of each party for profit/non-profit purposes by copying, transmitting, publishing, distributing, broadcasting or allowing a third party to use it.
5. If SHAPL receives an objection such as a claim for damages from a third party because the design uploaded by the uploading user to SHAPLEI infringes on the copyright, etc. of the third party, the uploading user shall endeavor to indemnify SHAPL; otherwise, the uploading user shall bear all damages incurred by SHAPL as a result.
6. If a design posted on SHAPLEI is determined to fall under any of the followings, SHAPL may delete or shut it off without prior notice, and SHAPL is not responsible for this:
1. Spam posts and commercial posts
2. Posts that defame or slander others by spreading false information
3. Posts that disclose other’s personal information without consent or infringe copyrights of third parties
4. Posts judged to be in violation of other related laws and SHAPL guidelines
5. In case of dispute related to the design
7. If an uploaded design contains the contents violating related laws such as the "Information and Communications Network Act" or the "Copyright Act", SHAPL may take measures such as deletion of the design, membership suspension or withdrawal of the uploading user in accordance with the procedures in the relevant laws.
Article 11 (Guarantee of the Legality of Design Contents)
1. The uploading user shall guarantee that his/her contents and digital items have been created by the user wholly without infringing the rights of others or violating the relevant laws and regulations and that the user owns all rights including the intellectual property right as well as all the legal status, rights and powers necessary to enter into the contracts with the company and to provide the contents. Or, when using another person's work, the uploading user shall guarantee that he/she has legally acquired the right for reproduction, transmission, distribution, etc. in accordance with the contract with the copyright holder.
2. It shall also be guaranteed that, if SHAPL receives an unfavorable request or legal claim from a third party due to the infringement of rights in relation to the contents and digital items uploaded by the uploading user, and if the action of the third party turned out to have been caused by the reason attributable to the uploading user, the uploading user will compensate without delay for any damages suffered by SHAPL.
Article 12 (Purchasing User's Application for Purchase)
1. The purchasing user can apply for purchase from SHAPLEI in the following or similar methods, and SHAPL shall provide the appropriate information in an easy-to-understand manner to the purchasing user when applying for purchase:
1. Search and select a product and a design
2. Enter the recipient's name, address, phone number, e-mail address (or mobile phone number), etc.
3. Confirm the contents of Terms and Conditions, services with limited right to withdraw from subscription, and costs for delivery
4. Indicate agreeing to these Terms and Conditions and confirming/rejecting the items in subparagraph 3 above
5. Apply and confirm for purchase of goods, etc. or consent to confirmation of SHAPL
6. Select the payment method
2. Purchasing users can use the uploaded design only with the SHAPL service provided in SHAPLEI. It is prohibited to extract and use the design through SHAPLEI, which infringes on the rights of the uploading user who is the original copyright holder.
3. The act that a purchasing user selects a design and applies it to clothing and miscellaneous goods cannot be regarded as creating a derivative work. All rights to derivative works such as clothes and miscellaneous goods to which the design is applied shall belong to SHAPL.
Article 13 (Establishment of Contract)
1. Regarding the design upload and purchase application in Articles 10 and 11, SHAPL shall deem that the contract has been concluded when the confirmation notice for design uploading or for purchasing is reached to the user, unless it falls under any of the following subparagraphs. However, when concluding a contract with a minor, the minor or his/her legal representative may cancel the contract if the consent of his/her legal representative is not obtained.
1. When there is false information, omission, or error in the application form
2. When a minor purchases products and services prohibited by the Youth Protection Act
3. Other cases that the confirmation of design upload or purchase application is deemed to be significantly hindered by SHAPL technology
2. SHAPL's approval declaration shall include the information about uploading user's confirmation of design upload and cancellation of upload application. For purchasing users, the information about confirmation and cancellation of purchase application shall be included.
Article 14 (Method to pay Purchase Price)
1. The purchase price is the amount of the product that the purchasing user wants to purchase.
2. The purchase price can be paid in any of the following methods:
1. Account transfer through Internet banking, etc.
2. Card payment through prepaid cards, debit cards, and credit cards
3. Online deposit without bankbook
4. Payment by gift certificate contracted with or recognized by SHAPL
6. Payment by other electronic payment methods.
Article 15 (Method to pay Design Royalty)
1. When an uploading user uploads a design to SHAPLEI and a purchasing user buys a product to which the design is applied, SHAPL shall pay the uploading user a specified design royalty.
2. Details related to design royalty and payment method can be found on the SHAPLEI website.
3. Uploading users shall accurately enter the information on the settlement, and SHAPL is not responsible for the case where settlement money is not received due to reasons attributable to the uploading user (wrong or missing settlement information, etc.).
Article 16 (Supply of Goods, etc.)
1. SHAPL shall take necessary measures so that the product can be delivered as soon as possible, unless there is a separate agreement with the purchasing user regarding the supply time of the product, etc.
2. SHAPL shall specify the delivery cost for each delivery method, the party that bears the delivery cost, and the delivery period for the products purchased by the purchasing user at the payment stage. When it is difficult to supply the product due to production stoppage or other conditions of SHAPL, the delivery of product may be stopped without a precedent notice, and SHAPL is not responsible for this.
Article 17 (Refund)
When the product requested by the purchasing user cannot be delivered due to out of stock, etc., SHAPL shall notify the purchasing user of the reason without delay. If the price has been paid already, SHAPL shall refund to the purchasing user or take necessary actions for refund.
Article 15 (Notification of Purchase Confirmation, Change and Cancellation of Purchase Application)
1. At a purchase request, SHAPL shall notify the purchasing user of the purchase confirmation.
2. The purchasing user who has been confirmed of purchase may request change or cancellation right after receiving the notice of purchase confirmation if there is any discrepancy in expression of intent. If the production of purchased product has not started yet, SHAPL shall process the purchase user's request without delay. However, if the payment has already been made, SHAPL shall follow the provisions regarding withdrawal of subscription, etc. in Article 18.
Article 18 (Withdrawal of Subscription, etc.)
1. When purchasing a product containing a design, the purchasing user cannot withdraw the subscription due to the user's personal reason if the production of product has already started according to the written contract. However, if otherwise provided in the 「Act on Consumer Protection in Electronic Commerce, Etc.」, the provisions of the Act shall apply.
2. Once received the product, etc., the purchasing user cannot return or exchange it in any of following cases:
1. When the product is lost or damaged due to reasons attributable to the purchasing user (however, except for the case that the packaging is damaged to check the contents of the product, etc.)
2. When the value of product has decreased due to the use or partial consumption of the purchasing user
3. When the value of product has decreased to the extent that resale is difficult due to the passage of time
4. When the product has been custom-made with designs according to the purchasing user's order
3. In the case of subparagraphs 3 and 4 of paragraph 2 above, SHAPL shall let the purchasing user agree to them before purchase by clearly presenting the fact in advance that the withdrawal of subscription is restricted.
4. Notwithstanding the provisions of paragraphs 2 and 3, if the contents of product, etc. are different from the displayed or advertised ones, or if the contents of implementation are different from those of contract, the purchasing user can withdraw the subscription within 14 days from the date of delivery or the day when he/she recognized the fact.
Article 16 (Effect of Subscription Withdrawal, etc.)
1. If it is possible to withdraw the subscription of purchasing user, SHAPL shall refund the paid price of product, etc., within 7 business days after the return of the product. In this case, when SHAPL delays the refund of product, etc. to the purchasing user, it shall pay the delayed interest calculated by multiplying the delay period to the delayed interest rate stipulated in the 「Enforcement Decree of the Consumer Protection Act in Electronic Commerce, Etc.」.
2. In refunding the above price, if the purchasing user has paid for the product using the credit card or electronic money, SHAPL shall promptly ask the operator, who provided the payment method, to suspend or cancel the claim for the product without delay.
3. In the case of subscription withdrawal, the cost necessary to return the supplied product, etc. shall be borne by the purchasing user. However, if the subscription is withdrawn because the contents of the product, etc. are different from the displayed/advertised contents or because the contract is performed differently, SHAPL shall bear the cost of returning the product. SHAPL does not claim a penalty or damage compensation from the purchasing user for reasons such as subscription withdrawal.
4. If the purchasing user has paid the delivery cost when receiving the product, SHAPL shall clearly tell the purchasing user in an easy-to-understand manner which party bears the cost when the subscription is withdrawn.
Article 17 (Personal Information Protection)
1. SHAPL takes the security of all users seriously. SHAPL strives to protect the security of all users' designs and accounts, but cannot guarantee that the security of SHAPL would never be breached by unauthorized persons. Each user should always pay attention to password security and let SHAPL know without delay if his/her account has been embezzled or used without permission.
2. SHAPL is not responsible for the disclosure of user information due to reasons attributable to the user.
Article 18 (Obligation for Member ID and Password)
1. Each user is responsible for managing his/her ID and password.
2. Users shall not allow third parties to use their ID and password.
3. If a user realizes that his/her ID and password are stolen or abused by a third party, he/she shall immediately notify SHAPL about it and follow SHAPL's instruction, if any. In the case that the user does not notify after recognizing it or not follow SHAPL's guidance after notification, SHAPL is not responsible for any disadvantages caused by it.
4. SHAPL is not responsible for any damage caused by the user's negligence in managing his/her ID or consent to its use by a third party.
Article 19 (Obligations of SHAPL)
1. SHAPL shall not engage in acts prohibited by or contrary to laws, these Terms and Conditions or public order and morals, and shall do its best to provide products/services continuously and stably as stipulated in these Terms and Conditions.
2. SHAPL shall equip a security system to protect users' personal information (including credit information) so that the users can safely use the internet services.
3. SHAPL shall not send users unsolicited commercial e-mails for commercial purposes.
Article 20 (User Obligations of User)
1. All users shall not do any of the followings:
1. Registration of false information when applying or changing
2. Theft of information from others
3. Transmission or posting of information (computer programs, etc.) other than that specified by SHAPL
4. Infringement of intellectual property rights, such as copyright, of SHAPL and third parties
5. Act that damages reputation or interfere with business of SHAPL and third parties
6. Act that discloses or posts obscene or violent messages, images, voices, and others that go against public order and morals on SHAPLEI
Article 23 (Dispute Settlement)
1. SHAPL shall compensate for legitimate damages by reflecting the appropriate opinions or complaints raised by users.
2. SHAPL shall handle complaints and opinions submitted by users with priority. However, if it is hard to promptly process them, the reasons and processing schedules are notified to the users.
3. When there is a user's request for damage compensation in an e-commerce dispute between SHAPL and the user, the Fair Trade Commission or other dispute mediation agency may arbitrate.
Article 25 (Product Coupons)
1. SHAPL may issue product coupons to users who purchase a specified product or service for a certain amount or percentage of discount.
2. Users can only use the product coupons for their own purchases, and under no circumstances can they actually sell or transfer them to others.
3. The use of product coupons may be restricted depending on some items or price amounts, and is prohibited after the expiration date.
4. If the member withdraws, the product coupon gets invalid.
Article 26 (Immunity)
1. SHAPL shall not be liable if the service cannot be provided due to natural disasters, force majeure, or other reasons beyond the scope of SHAPL's reasonable control.
2. SHAPL shall not be responsible if the service cannot be provided due to reasons attributable to the user.
3. SHAPL shall not be liable for any damages caused by the user's failure to obtain expected profits from the service or the materials obtained through the service.
4. The user is responsible for the reliability or accuracy of the information, data, facts, etc. posted on the screen by him/herself, and SHAPL is not responsible for any damage incurred to the user or a third party due to the inappropriate contents.
5. SHAPL shall not be liable for any damages incurred to the user or a third party due to the user's intention or negligence in relation to the use of the service.
Article 27 (Provision of Information and Posting of Advertisements)
1. In operating the SHAPLEI service, SHAPL may provide diverse information to members by posting it on the service screen or by sending e-mail or letter. However, SHAPL shall no longer send e-mail or letter to the members who have clearly expressed their intention to refuse receipt.
2. SHAPL can propagate the information on its service operation through the website, service screen, SMS, e-mail, etc.
3. It is entirely a matter between the user and the advertiser to use the advertisement posted on the SHAPLEI service or to participate in the advertiser's promotional activities through the service. Therefore, when a problem happens between user and advertiser, the user and the advertiser shall solve it themselves, and SHAPL does not take any responsibility in this regard.
Article 28 (Jurisdiction and Governing Law)
1. The litigation related to e-commerce disputes between SHAPL and user shall be based on the address of the user at the time of filing and, if there is no address, the district court for the user’s residence shall have exclusive jurisdiction. If the user has no clear address or residence at the time of filing, or he/she is a foreign resident, the complaint shall be filed with the competent court under the Civil Procedure Act.
2. Korean laws shall be applied to e-commerce lawsuits between SHAPL and users
These Terms and Conditions shall be effective from January 11, 2022.