Article 1 (Purpose)

The purpose of the following Terms and Conditions of Use (T&C) is to establish guidelines on rights, duties, and responsibilities of Black Ice NYC Users utilizing the internet-related services (hereinafter referred to as the ‘Service’) provided by the Black Ice NYC (hereinafter referred to as the ‘Black Ice NYC’) operated by Black Ice NYC (E-Commerce company).

※ Unless transactions contradict its properties, the following terms apply to E-Commerce transactions utilizing methods of PC communication, wireless, and others.

Article 2 (Definition)

① ‘Black Ice NYC’ refers to a virtual business site established by company to trade or services (hereinafter referred to as ‘Goods and Services’) using computers and information communication facilities to provide Goods and Services to Users. The term can also be defined as a company operating a cyberBlack Ice NYC.

② ‘User’ refers to a Member and Non-Member who has accessed the ‘Black Ice NYC’ to use the services provided by the ‘Black Ice NYC’ in accordance with this T&C. 

Article 3 (Statement, Explanation and Amendment of Terms and Conditions of Use)

① The ‘Black Ice NYC’ shall, for easy recognition by Users, display the contents of this T&C, name of company and representative, business address(including an address handling customer complaints), phone number, fax number, email address, business license number, e-commerce permit number, and the name of personal information manager on the main page of the ‘Black Ice NYC’. Only the content of this T&C can be displayed though a link page. 

② Prior to User’s final agreement to this T&C, the ‘Black Ice NYC’ shall provide a separate link or pop-up screen to obtain User’s verification on the terms of cancellation rights, delivery responsibilities, refund conditions and other important details.

③ The ‘Black Ice NYC’ may make amendments within the permissible range without violating applicable laws such as Consumer Protection Laws, Regulation of T&C Act, e-commerce Transaction Act, Electronic Signature Act, Information and Communication Network Promotion Act, Door-To-Door Sales Act, and other related Consumer Protection Laws.

④ The ‘Black Ice NYC’ shall specify the effective date and the reasons for amendment of the terms and have post on the initial screen for 7 days prior to effective date until the day before the effective date.

If the amendment is modified to the User’s disadvantage, then the ‘Black Ice NYC’ shall grant at least 30 days of grace period for notice. In this case, the ‘Black Ice NYC’ shall clarify the ‘before and after’ changes in an ‘easy-to-understand’ manner. 

⑤ When the ‘Black Ice NYC’ makes an amendment to the T&C, the modified T&C shall be applied only to contracts concluded after the effective date, whereas all contracts concluded before the effective date will remain under the provisions of the old T&C. However, if the User who has already signed the contract wishes to have the amendments administered, then the User may send his/her intent to the ‘Black Ice NYC’ and acquire consent from the ‘Black Ice NYC’ within the notice period stated in Clause ③ and it shall be applied accordingly. 

⑥ Any information not specified and interpreted in this T&C shall be in accordance with the e-commerce Transaction Guidelines and Related Consumer Protection Acts provided by the Fair Trade Commission and other applicable Consumer Protection Laws and Regulation of T&C Act.

Article 4 (Provision and Change of Service)

① The ‘Black Ice NYC’ shall perform the following duties: 

• Provide information regarding Goods and Services and conclude purchasing contracts. 
• Deliver Goods and Services on purchase contract. 
• Other duties designated by the ‘Black Ice NYC.’

② The ‘Black Ice NYC’ may replace Goods and Services provided in future T&C in the event that Goods and Services are sold out or technical specifications are revised. In this case, the ‘Black Ice NYC’ shall immediately announce the replacement of Goods and Services and the date of application on the page where present Goods and Services are displayed.

③ In the event that Goods and Services are replaced because of a change in technical specifications or when Goods and Services are sold out, the ‘Black Ice NYC’ shall immediately notify the cause of replacement to the addresses of the Users.

④ Following the previous Clause, the ‘Black Ice NYC’ shall compensate for all damages caused. However, this shall not apply if the ‘Black Ice NYC’ proves that such event is not caused by its intention or negligence.

Article 5 (Suspension of Service)

① The ‘Black Ice NYC’ may temporarily suspend its services as a result of the following reasons: maintenance of computers and telecommunications equipment, replacement or damage repairs, and interruption of communication. 

② The ‘Black Ice NYC’ shall compensate User of damages caused by the temporary suspension of services due to reason(s) detailed in Clause ①. However, this shall not apply if the ‘Black Ice NYC’ proves that such event is not caused by its intention or negligence. 

③ In the case of a conversion of business item, abandonment of business, merging between businesses and for other various reasons, the ‘Black Ice NYC’ shall notify the consumer as specified in Article 8 and reward consumer in accordance with the conditions suggested by the original ‘Black Ice NYC.’ However, if the ‘Black Ice NYC’ does not advise such standard of compensation, the ‘Black Ice NYC’ shall pay Users for their mileage or reserve in kind or cash of which value corresponds to the currency being used at the ‘Black Ice NYC.’

Article 6 (Notification to Members)

① Any notifications from the ‘Black Ice NYC’ will be sent to the email address designated in advance by the Member during registration.

② In the event of sending notifications to unspecified Members, a display of notifications on the notice board on the website for 1 week or more may replace sending emails. However, the ‘Black Ice NYC’ shall send individual notice to a Member regarding matters which may have a significant influence in his/her transaction.

Article 7 (Application for Purchase)

① Search and select Goods and Services

② Enter name, address, phone number, email address (or mobile phone number)

③ Confirm matter(s) in respect to the contents of this T&C, limited cancellation policies, delivery fees, installation fees, and others

④ Express agreement to this T&C and confirm or refuse the above Item 3 (ex. mouse click)

⑤ Apply and confirm purchase of goods; Agree to allow confirmation of application from the ‘Black Ice NYC’

⑥ Select payment method

Article 8 (Conclusion of Contract)

① The ‘Black Ice NYC’ may not accept request for purchase in Article 9 if it falls under one of the following items. In the event of concluding a contract with a minor, the ‘Black Ice NYC’ shall notify that the failure to acquire agreement from a legal representative may cause cancellation of the contract by the minor him/herself or the legal representative. 

• Entry of false information or omission in the registration form
• Purchase of cigarettes and liquor and other Goods and Services prohibited by the Youth Protection Law
• If deemed that accepting application for purchase may cause technical problems to the ‘Black Ice NYC’

② The contract is deemed to be concluded when the acceptance of the ‘Black Ice NYC’ is delivered to the User in the form stipulated in Clause ① of Article 12.

③ The acceptance of the ‘Black Ice NYC’ shall include confirmation on the User’s request for purchase, availability of sales, and correction or cancellation of the request for purchase.

Article 9 (Payment Method)

The method of payment for Goods and Services purchased through the ‘Black Ice NYC’ may be selected from the following items. The ‘Black Ice NYC’ may not collect any additional fees regarding payment for Goods and Services. 

• Wire transfer
• Card payment through prepaid card, debit card, credit card, and others.
• Mileage points or points offered by the ‘Black Ice NYC’
• Gift voucher contracted or approved by the ‘Black Ice NYC’ 
• Other means of electronic payment

Article 10 (Notice of Receipt, Change and Cancellation of Application for Purchase)

① The ‘Black Ice NYC’ shall send a notice of receipt to the User after receiving the User’s application for purchase. 

② In the case of a discord between the User’s intent and the received notice, the User may change or cancel the application for purchase immediately after receipt. If the request for change or cancellation is made prior to delivery, the ‘Black Ice NYC’ shall process the request accordingly without any delay. In the event that payment has already been made, User shall follow the guidelines detailed in Article 15 – Cancellation of Purchase.

Article 11 (Provision of Goods and Services)

① Unless otherwise specified, the ‘Black Ice NYC’ shall take necessary measures such as customizing production and packaging and deliver Goods and Services within 7 days from the date of purchase. However, if the ‘Black Ice NYC’ has already received payment in whole or in part, then delivery shall be processed within 2 business days from the date of receipt. In such instances, the ‘Black Ice NYC’ shall take necessary measures to inform the User on procedures of provision and delivery status of Goods and Services. 

② The ‘Black Ice NYC’ shall specify delivery method, payer, and delivery time for each delivery method for the Goods and Services purchased by the User. In the event that the ‘Black Ice NYC’ exceeds the designated period of delivery, it shall compensate the User for damages. However, this shall not apply if the ‘Black Ice NYC’ proves that such event is not caused by its intention or negligence.

Article 12 (Refund)

We do not offer returns or exchanges for any products. However, if User receive a damaged product, It is advisable to notify us within 30 days of receipt. We will investigate the issue and take appropriate action to address your concern.

Article 13 (Protection of Personal Information)

① The ‘Black Ice NYC’ collects a minimum amount of information necessary to execute the purchase contract with Users. The following items are necessary information and others are optional.

• Name
• Address
• Phone Number
• Email address (ID)
• Password

② The ‘Black Ice NYC’ must obtain approval from User when collecting personal information used for identification/verification of User. 

③ Personal information may not be used for any other purposes or be provided to any Third Party without the approval of the User, and the ‘Black Ice NYC’ shall be responsible for any violation of the matter. Except for the following case items: 

• For delivery of Goods, the ‘Black Ice NYC’ provides the delivery service provider with minimum information of User(name, address, phone number) to perform such duty
• For statistics, academic research or market research purposes, using the information provided in a form where individuals are not identifiable
• For transacting payment of Goods requiring personal information
• For personal identification purposes to prevent illegal use of personal information
• For an inevitable case by regulation of law or legislation

④ In the event that the ‘Black Ice NYC’ is required to acquire the approval of User by Clause ② and ③, the ‘Black Ice NYC’ shall specify its personal information manager (affiliation, name, phone number, other contact information), purpose of collection and use of information, information about Third Party (recipient, purpose of provision and the information to be provided), and the provisions stipulated in Clause ② of Article 22 of the Law related to the Stimulation of Use of Information and Communication Network & Information Protection. The User may at any time cancel his/her approval. 

⑤ User may, at any time, request for confirmation and correction of error in their personal information possessed by the ‘Black Ice NYC,’ and the ‘Black Ice NYC’ shall be responsible for taking any necessary measures without any delay. In the event that a User requests for the correction of an error, the ‘Black Ice NYC’ shall not use the applicable personal information until error is corrected. 

⑥ For protection of personal information, the ‘Black Ice NYC’ shall limit the number of managers and be responsible for any damages caused by loss, disclosure or falsification of personal information of the User which includes credit card and bank account information. 

⑦ The ‘Black Ice NYC’ or any Third Parties who received personal information from the ‘Black Ice NYC,’ shall without any delay destroy all personal information once the purpose of collection has been achieved.

Article 14 (Obligations of the ‘Black Ice NYC’)

① The ‘Black Ice NYC’ shall not take any actions against public policy or actions restricted by the law and this T&C. The ‘Black Ice NYC’ shall put its best efforts in providing Goods and Services on a stable basis in accordance with the provisions in this T&C.

② The ‘Black Ice NYC’ shall be equipped with a security system to protect personal information of Users (including credit information) and provide a safe environment for Users to use the online services. 

③ In accordance with Article 3 of the Law related to 『Fairness of Display and Advertisement』, the ‘Black Ice NYC’ shall be responsible to compensate User(s) if damages were caused by displaying or adding unjust or unreasonable advertisement for certain Goods and Services 

④ The ‘Black Ice NYC’ shall not send any profit-making emails which are not wanted by Users.

Article 15 (Obligations for ID & Password of Member)

① Member shall be responsible for the management of his/her ID and password, except for the case in Article 17. 

② Member shall not allow any Third Party to use his/her ID and password.

③ When a Member recognizes that his/her ID and/or password is stolen or is being used by a Third Party, the Member shall immediately notify the ‘Black Ice NYC’, and follow the instructions of the ‘Black Ice NYC.’

Article 16 (Obligations of User)

Users shall not:
1. Register false information at the time application or revision of information
2. Use others’ personal information
3. Change information displayed on the ‘Black Ice NYC’
4. Remit or display information (computer program and others) other than the information put on by the ‘Black Ice NYC’
5. Infringe copyright or intellectual property rights of the ‘Black Ice NYC’ or the Third Party
6. Take any action that harms the reputation and interrupts the operation of the ‘Black Ice NYC’ or a Third Party
7. Disclose or display any information containing indecent or violent message, video, voice, and other information going against good public order and morals.

Article 17 (Copyright & Limitation of Use)

① The copyright and other intellectual property rights for the works produced by the ‘Black Ice NYC’ shall belong to the ‘Black Ice NYC.’

② The User may not use or cause any Third Party to use information with intellectual property rights belonging to the ‘Black Ice NYC’ for reproduction, transmission, publishing, distribution, broadcasting or other profit-making use without prior consent of the ‘Black Ice NYC.’

③ The ‘Black Ice NYC’ shall notify the User when using the copyright belonging to the applicable User in accordance with mutual T&C.

Article 18 (Resolution of Dispute)

① The ‘Black Ice NYC’ shall apply and reflect the opinion or complaint made by User(s), and install and operate a process for compensation of consumers’ damages. 

② The ‘Black Ice NYC’ shall give priority to any opinion or complaint made by User(s). However, in the event that it may not be able to promptly deal with the matter, the ‘Black Ice NYC’ shall notify the User with the cause and the final settlement schedule. 

③ When a User files for Remedy of Damage regarding a dispute between the ‘Black Ice NYC’ and the User, the matter may be commissioned for arbitration by the Fair Trade Commission or a Dispute Conciliation Services Organization selected by the City Mayor.

Article 19 (Jurisdiction & Governing Law)

① All e-commerce related lawsuits between the ‘Black Ice NYC’ and a User shall be in accordance with the address of the User at the time of indictment. If an address is nonexistent, then the lawsuit shall fall under exclusive jurisdiction of the district court in the vicinity of User’s place of residence. In the event that the address or residence of the User is not clear at the time of indictment or if User is a foreign resident, the lawsuit shall be filed to the competent court on the Civil Procedures Code. 

② Any and all e-commerce-related lawsuits between the ‘Black Ice NYC’ and a User shall be governed by the law of the Republic of Korea.

This T&C shall be effective from June 07, 2024.