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Activation of the Member's account or use of services provided by Hangukmall (hereinafter "Hangukmall.com" or the "Website") will represent the Member's acceptance of this agreement (hereinafter "Agreement"), as set forth in the following Terms and Conditions, and the Member's authorization for Hangukmall.com to charge the Member's payment method for all future charges. Member also consents to Hangukmall.com's Privacy Policy, as outlined above.
Hangukmall.com reserves the right, at its sole discretion, to change, modify, or otherwise alter these terms and conditions. It is the Member's responsibility to review the Hangukmall.com Terms and Conditions periodically as continued use of Hangukmall.com's services will constitute the Member's acceptance of any revised terms and conditions. If you disagree with modification made to these Terms and Conditions, your only recourse is to cease using the services of Hangukmall.com.
Hangukmall.com prohibits any illegal activity by its Members. Any charges incurred, for legal advice or otherwise, by Hangukmall.com in connection with the enforcement of the law against a Member or a potential Member will be the financial responsibility of the Member or the potential Member. See Indemnification section below for further details.
Membership starts the day the Member's application is received by Hangukmall.com.
The Member represents and warrants that he/she is responsible for complying with all known applicable export and import control laws and regulations in the order and receipt of merchandise and mail under the terms of this Agreement. For more information.
- I. USER GUIDELINES
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You agree to adhere to the following guidelines when using this Website:
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You may not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- You may not publish, post, advertise, distribute, disseminate, or upload any defamatory, infringing, obscene, indecent, abusive, offensive, inflammatory, objectionable, or unlawful material or information.
- You may not publish, post, advertise, distribute, disseminate, or upload any information that may infringe any patent, trademark, trade secret, copyright, or other intellectual property rights, or any rights to privacy or publicity, of any other person.
- You may not publish, post, advertise, distribute, disseminate, or upload any information that violates the legal rights of any other person or that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions or the Privacy Policy.
- You may not upload files that contain viruses, Trojan horses, worms, corrupted files, or any other similar malicious or harmful software, code, or programs that may damage the operation of another's computer or the Website.
- You may not delete or modify any author attributions, legal notices or proprietary designations or labels in any information that is published, posted, advertised, distributed, disseminated, or uploaded.
- You may not falsify the origin or source of information or material published, posted, advertised, distributed, disseminated, or uploaded.
- You may not conduct or forward surveys, contests, chain letters, or commercial solicitations.
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You may not download any material or information published, posted, distributed, disseminated, or uploaded by another user that you know, or reasonably should know, cannot be legally distributed in such manner.
- You may not provide Personal information, as that term is defined in the Privacy Policy, of another person without his or her express permission.
- You may not provide Personal information, as that term is defined in the Privacy Policy, of individuals under the age of 13.
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You may not access or attempt to access Hangukmall.com's information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained, or log into a server that you are not authorized to access.
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You may not attempt to circumvent or subvert system or network security mechanisms, or probe the security of any system, network, or account associated or used in conjunction with the Website.
- You may not use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other person's use of the Website, including their ability to engage in real time activities through the Website.
- You may not use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- You may not use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- You may not use any device, software, or routine that interferes with the proper working of the Website.
- You may not attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Please do not post any Personal information, as that term is defined in the Privacy Policy, on publicly accessible areas of the Website. If you elect to post any information to publicly-accessible areas of the Website, you hereby grant to Hangukmall.com a perpetual, worldwide, irrevocable, fully-paid-up, royalty-free, nonexclusive license to use, reproduce, copy, modify, publish, distribute, perform, display, and create derivative works from such information (in whole or part) for any reason whatsoever.
- II. TERMS OF SERVICE
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Hangukmall.com will provide the Member with a suite number at the Hangukmall facility in the Member can have mail and/or merchandise delivered prior to export.
- Hangukmall.com's services consist of acting as an agent of the Member for consolidation and export purposes by receiving the Member's merchandise, which will be sorted, packed, and consolidated. At the Member's direction, Hangukmall.com arranges for export to the Member's specified local address by an unaffiliated service provider, which acts as the freight forwarder and/or carrier for the shipment. Hangukmall.com does not act as an indirect air carrier of property, but rather acts as an agent of the shipper (i.e., Members). All packages received by Hangukmall.com will be opened by representatives of the company. Members are responsible for all import obligations in the country to which all mail (for a Premium Member only) and packages will be sent. Members also authorize Hangukmall.com as its agent to authorize freight forwarder and/or carriers to conduct customs clearance and entry and to certify freight forwarder and/or carriers as the consignee solely for the purpose of designating a customs broker to perform customs clearance and entry.
- Members accept that freight forwarders and/or carriers reserve the right to open and/or inspect every shipment tendered to forwarders and/or carriers on behalf of an Hangukmall Member.
- For Premium Members, Hangukmall.com also will receive the Member's (i.e., letters, catalogs, and newspapers), Hangukmall.com cannot hold or store mail that will not fit into a 4inch-tall mailbox. Hangukmall.com will notify the Member via e-mail once his/her mailbox is full, and the Member will have 5 days to either (a) request shipment of the mail or (b) request that Hangukmall.com discard the mail. If no reply is received from the Member, Hangukmall.com, in accordance with these terms, understands that the Member is directing Hangukmall.com to send the mail to the Member's address on record through an unaffiliated freight forwarder or carrier. Any charges generated directly from this activity, including taxes, customs duties, and service charges (including any charges that may be established in the future) will be the responsibility of the Member.
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The Member authorizes Hangukmall.com to charge his/her payment method for all services and/or account activity with Hangukmall.com. Such charges may include but are not limited to membership dues, shipping and handling charges, return/reroute fees, storage charges, late charges, and any optional services. Failure to provide payment for services rendered at the time of service may result in late charges, stop shipment charges, suspension of service, cancellation of membership, and involuntary return or the discarding of any remaining merchandise.
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If a Member's payment method is by credit card, and if such Member has an outstanding invoice or invoices, the Member authorizes Hangukmall.com to charge his/her credit card for the aggregate amount of such outstanding invoice or invoices in one or more credit card transactions. By way of example, if a Member has an outstanding invoice or invoices of $3,000 in the aggregate, the Company may either charge the Member's credit card (i) one time for $3,000, (ii) three times for $1,000 each or (iii) any other combination that in the aggregate equals $3,000.
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Shipping costs are based on the weight and dimensions of your shipments. Shipping costs will be charged according to the actual weight or dimensional weight, whichever is greater
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Hangukmall.com will allow active Premium Members to store their merchandise for up to 30 days at no charge. Hangukmall.com will allow active Basic Members to store their merchandise for up to 5 days at no charge. After 30 days for Premium Members, or after 5 days for Basic Members, the Member agrees to pay storage charges per box per day, consistent with Hangukmall.com's current schedule of fees. All Members, regardless of membership type, agree to ship their merchandise within 30 days of merchandise arriving into their Hangukmall.com suite. Whereas merchandise that has remained in a Member's suite for more than 45 days (e.g. 46 days or greater), the Member authorizes and directs Hangukmall.com, at Hangukmall.com's discretion, to ship such merchandise to the member's current shipping address. Whereas a Member may owe money on their Hangukmall.com account or the Member's payment method will not process appropriately, the Member's merchandise will remain on hold, accruing storage, and the Member authorizes and directs Hangukmall.com, at Hangukmall.com's discretion, to retry payment processing one calendar week later, on day 67. If that attempt is not successful, the Member's merchandise will remain on hold, accruing storage, and the Member authorizes and directs Hangukmall.com to retry payment processing one calendar week later, on day 74. If the third attempt to retry payment processing is not successful, the Member acknowledges that the merchandise is no longer considered shippable nor storable and will thus be forfeited by the Member to Hangukmall.com in order to be sold with the proceeds donated to charity, destroyed, or otherwise disposed of in a legal and environmentally compliant manner. Hangukmall.com reserves the right to amend this policy in practice as appropriate and necessary to Hangukmall.com's business operations.
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Prohibited or restricted merchandise is not storable and will be rejected, forfeited (and sold with the proceeds donated to charity), destroyed, or provided to government officials
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Insurance costs for shipments of merchandise are based on the insured value. The insured value is subject to the terms and conditions of the particular carrier's airway bill(s). All claims are reviewed individually and any claim payment will be based on the declared value
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Claims for lost or damaged merchandise must be filed within the published time limits of the particular carrier. Claims are considered filed when a fully completed claim form, photograph(s), and supporting documentation, including receipts, are received by Hangukmall.com. Claims are reviewed individually and the review process will take a minimum of eight (4) weeks. Specific commodities, including televisions, computers, electronics, jewelry, figurines, furniture and lighting have limits of liability in case of loss or damage regardless of the declared value or insurance costs paid. Any liability for damage or loss caused after delivery to Hangukmall.com is limited to the lesser of either the declared value, proof of purchase price, or the specific commodity liability limit. No liability will be assumed by Hangukmall.com for damage or loss caused to any items before delivery to Hangukmall.com or caused to merchandise prepackaged by manufacturer. Failure to file a completed claim within the carrier time limit will invalidate the claim. Hangukmall.com does not maintain its own Aircraft Accident Liability Insurance coverage.
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Either party may cancel the Membership Agreement with written notice (via email, fax, letter, or, to the extent provided by the Hangukmall.com website, online). Upon cancellation, Hangukmall.com Members will receive a prorated refund on the unused portion of their annual membership charge. Annual membership refunds are based on the monthly membership usage rate for a Premium Membership listed in Hangukmall.com's current schedule of fees. Refunds will be processed within ten (10) business days of cancellation.
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Each Member, as collateral security for the prompt and complete payment and performance when due (whether at stated maturity, by acceleration or otherwise) of any amounts owed to Hangukmall.com by such Member, whether under these Terms and Conditions or otherwise (the "Secured Obligations"), hereby mortgages, pledges and hypothecates to Hangukmall.com and grants to Hangukmall.com a lien on and security interest in, all of its right, title and interest in, to and under any and all packages shipped by such Member to Hangukmall.com.
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If a Member's account charges become delinquent for more than thirty (30) days, Hangukmall.com may exercise, in addition to all other rights and remedies granted to it in these Terms and Conditions and in any other instrument or agreement securing, evidencing or relating to any Secured Obligation, all rights and remedies of a secured party under the Uniform Commercial Code or any other applicable law.
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Without limiting the generality of the foregoing, Hangukmall.com may, without demand of performance or other demand, presentment, protest, advertisement or notice of any kind (except any notice required by law referred to below) to or upon a Member or any other person (all and each of which demands, defenses, advertisements and notices are hereby waived to the extent permitted by law), during the continuance of any account delinquency (personally or through its agents or attorneys), (i) enter upon the premises where any and all packages shipped by such Member to Hangukmall.com are located, without any obligation to pay rent, through self-help to the extent permitted by law, without judicial process, without first obtaining a final judgment or giving a Member or any other person notice or opportunity for a hearing on Hangukmall.com's claim or action, except as may be required by applicable non-waivable laws, (ii) collect, receive, appropriate and realize upon any such packages and (iii) sell, assign, convey, transfer, grant option or options to purchase and deliver any such packages, in one or more parcels at public or private sale or sales, at any exchange, broker's board or office of Hangukmall.com or elsewhere upon such terms and conditions as it may deem advisable and at such prices as it may deem best, for cash or on credit or for future delivery without assumption of any credit risk, in each case, subject to applicable non-waivable laws. Hangukmall.com shall have the right, upon any such public sale or sales and, to the extent permitted by the Uniform Commercial Code and other applicable laws, upon any such private sale, to purchase the whole or any part of such packages so sold, free of any right or equity of redemption of a Member, which right or equity is hereby waived and released.
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Title to any items that cannot be exported after arrival at the Hangukmall.com facility will be forfeited by the Member. Hangukmall.com will have the option of returning all such forfeited packages/mail to the sender(s) and/or of discarding the items, including by (1) selling any items not returned to the seller and then providing the proceeds of such sales to charity, (2) destroying such items, or (3) providing such items to a government official.
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The Member agrees and acknowledges that he/she shall purchase any and all merchandise from Sellers in a manner that (1) transfers title to the Member prior to the time that the merchandise is received at the Hangukmall warehouse and (2) in accordance with risk of loss terms that provide either that the buyer or the Member bears the full costs and risks of moving the goods from the buyer's location to the Hangukmall warehouse.
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Monthly membership charges and setup charges are non-refundable. Shipping charges for non-members or cancelled customers are twice the rate of the shipping charges listed on the Hangukmall.com website.
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If a Member's account charges become delinquent for more than 30 days, Hangukmall.com may, at its sole discretion, cancel the Member's membership, process all packages and mail by returning the same to the sender, or discarding all packages and mail. The Member forfeits all claims to items abandoned in his/her mailbox once the membership is cancelled.
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Monthly and annual memberships are automatically renewed unless the Member advises Hangukmall.com in writing that he/she wishes not to renew his/her membership.
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There is no membership fee for a Basic Account. Charges of a Basic Account only are incurred for initial set up, processing, shipping, and other shipping-related services.
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Each package received by Hangukmall.com with an incomplete, incorrect, or old address that can be associated with a Member will be assessed a charge consistent with Hangukmall.com's current schedule of fees. Members should ensure that all merchants and sellers mark all packages with the complete and accurate address, including the Member's unique suite number that has been assigned for consolidation purposes. All packages received with incomplete, incorrect, or old addresses that cannot be associated with a Member will be returned to the Sender or discarded.
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All invoices past due for more than thirty (30) days will be assessed a flat fee plus a percentage per month late charge consistent with Hangukmall.com's current schedule of fees. Personal Shopper orders past due for more than fifteen (15) days will be assessed a flat fee plus a percentage per month late charge, consistent with Hangukmall.com's current schedule of fees, for each 15day period that an order remains past due.
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The Member's Hangukmall.com suite number is to be used only for package consolidation purposes. The Member will not represent that its Hangukmall.com suite number is its address for any purpose other than as the address to which packages may be delivered prior to export, including, but not limited to, representing that its Hangukmall.com suite number is the address of the Member's place of business or residence. Failure to comply with this requirement may result in the cancellation of the Member's Hangukmall.com account.
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The Member is solely responsible for complying with any terms and conditions of sale that may be imposed by the seller of the merchandise. The Member acknowledges that Hangukmall.com is not responsible for any action taken by the seller with respect to the Member's order as a result of the seller's terms and conditions of sale.
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The Member also is responsible for informing the seller that any merchandise purchased and sent to Hangukmall.com's facility ultimately will be exported out of the South korea. Additional information is provided in Subsection III.D ("Compliance with the Foreign Trade Regulations") below. It ultimately is the responsibility of the Member to ensure that the seller provides the export classification of the merchandise and determines if any export licenses are required for the merchandise. The Member must ensure that merchandise requiring an export license, or that is otherwise controlled for export, is not shipped to Hangukmall.com by the seller.
- III. COMPLIANCE WITH LAWS
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Compliance With Export and Import Laws
- The Member is responsible for and warrants his/her compliance with all applicable laws, rules and regulations, including, but not limited to, the import and export laws and government regulations of any country to, from, through or over which the Member's shipment may be carried.
- The Member represents and warrants that (a) the recipient of any items consolidated by Hangukmall.com is the end user of any and all merchandise and mail that the Member has requested be exported through a freight forwarder or carrier to the recipient's address, or, if the Member is reselling the merchandise, the Member can identify the end users and provide Hangukmall.com with any requested information on such end users, (b) any and all merchandise and mail that the Member requests be consolidated by Hangukmall.com will be used in the country to which the Member requests shipment, and (c) the Member will not re-export the merchandise and mail to a different destination.
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Prohibited and Restricted Items
The following list is a non-exclusive sampling of items that are restricted, cannot be shipped or, depending on your destination country, may either require an import license, additional documentation and/or cause problems and delays during the customs review of your shipment:
- Combustible/flammable items (paints, oils, lighters, perfume, nail polish)
- Any type of pressurized can (hair spray, shaving cream, spray cans of any type)
- Hazardous materials (matches, chemicals, explosives)
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Firearms, weaponry and their parts: military, police and tactical equipment of any kind, including guns, gun replicas, gun accessories, gun components (magazines, clips and rail systems), ammunition, knives, swords, compound bows, crossbows, discharge weapons such as shock batons or stun guns, tooling for guns or gun parts, optical scopes, laser sights, night sights, night visions goggles, handcuffs and other restraints, surveillance equipment
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Agricultural products such as tobacco, plants and seeds (restricted to some destinations)
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Coffee (restricted to some destinations)
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Perishable foods (refrigerated, frozen, fresh/raw fruits and vegetables, etc.) Note that any food (including dietary supplements) received through Hangukmall.com may not be returned to or resold in the Korea.
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Animals and products made with animal skin (furs)
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Alcohol (Hangukmall.com may be able to assist you with shipping table wine through unaffiliated freight forwarders and carriers in limited quantities to some countries, but not to Muslim countries such as Saudi Arabia)
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Cash, currency, money orders, cashiers' checks, bank drafts, bearer bonds and collectible stamps and coins. Jewelry and precious stones are (a) restricted to some countries and (b) can only be insured up to $500 maximum and any shipments of jewelry in excess of $500 carriage limit is uninsured and Member assumes all risk of loss above such limit
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Lottery tickets and gambling devices
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Prescription and/or veterinary medication
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Pornography
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Lock picking devices
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Government IDs and licenses, or items that claim to be, or that look similar to, government identification documents. This includes uniforms and badges or patches designed to look like official government-issue.
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The Member is responsible for confirming that prohibited items listed in the Hangukmall.com Prohibited and Restricted Item page are not sent to Hangukmall.com. See Prohibited Items Guide for more information. Hangukmall.com reserves the right to return packages to the sender(s) for any reason, to provide packages (and information concerning the same) to government authorities, or to otherwise discard packages (including by selling forfeited items with the sales proceeds going to charity).
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Prohibited and Restricted End Users and Destinations
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Hangukmall.com will not provide services to any of the following countries/regions:
- Cuba
- Iran
- Myanmar
- North Korea
- Sudan
- Syria
- Libya
- Ukraine: Crimea Region and the so-called Donetsk People’s Republic (DNR) or Luhansk People’s Republic (LNR) regions of Ukraine.
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Fraud Prevention
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Hangukmall.com uses commercially reasonable efforts to prevent fraudulent use of the Website. NOTWITHSTANDING THE FOREGOING, Hangukmall.COM WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY FRAUDULENT USE OF THE WEBSITE BY YOU OR BY THIRD PARTIES. If you think there has been fraudulent activity with respect to your account, you must contact Hangukmall.com immediately, and Hangukmall.com will cancel such account.
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You may not use the Website for multi-level marketing, pyramid schemes, receiving checks and/money orders, or other business practices easily subject to abuse. You represent, warrant, and covenant that all information you provide to Hangukmall.com is accurate and complies with all applicable local, state, and federal laws and regulations, including any information regarding the value or export classification of merchandise. You are solely liable for such information and for maintaining all records as required under law. You may be subject to civil or criminal penalties by the Government for making false or fraudulent statements with respect to such information.
- Hangukmall Shopping: Terms and Conditions
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The Hangukmall Shopping Terms and Conditions supplement Hangukmall.com’s general Terms and Conditions as they apply to Users using Hangukmall.com’s Hangukmall Shopping Program, where Hangukmall.com acts as both and the User’s authorized agent in a routed export transaction.Notwithstanding other language in the general Terms and Conditions that may be contrary, for Hangukmall Shopping transactions the following provisions apply.
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Title Transferred Upon Payment to Hangukmall.com
The User agrees and acknowledges that (1) title of merchandise purchased through the Hangukmall Shopping program will transfer to the User when payment is made to Hangukmall.com and in all cases prior to export from the Hangukmall.com facility, and (2) in accordance with risk of loss terms, the User bears the full costs and risks of moving the goods to the Hangukmall warehouse. You acknowledge that you will serve as the Importer of Record into the destination country for all transactions conducted using the services of Hangukmall.com.
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Large Orders / New Customers:
Limit 20 unique items per order.
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Refunds:
HangukmallShopping refunds will be credited to your account. This credit will be applied to future HangukmallShopping orders, shipping costs or membership fees before we invoice your credit card on file.
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Shipping Policy:
All Hangukmall Shopping orders will be sent to your shipping address.
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Cancel/Change Order:
Once a Hangukmall Shopping order has been processed, we may not be able to cancel it with the website or seller. Please refer to the seller's website for individual cancellation policies. Changes cannot be made once a Hangukmall Shopping order is successfully processed. If we are able to cancel the order, there may be a cancellation fee. Your account will be credited for the merchandise purchase amount. If you decide you do not want to receive the order, please notify our Hangukmall Shopping department to have the order returned when it arrives. You are responsible for all return shipping fees. Your Hangukmall.com account will be credited once the vendor receives the returned package and we have confirmed the refund.
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Returns:
We will return any orders in accordance with the seller's return policy for items that arrive damaged or incorrect. The User is responsible for all return shipping fees. Your Hangukmall.com account will be credited once the vendor receives the returned package and we have confirmed the refund.
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Order Arrival:
You will receive transactional emails about your order. We will wait until all packages in your order arrive and ship them together.