ENGLISH

Online shopping mall founder
Effect of documents sent to an address not designated in agreement
Effect of undelivered documents
- Where an online shopping mall operator fails to send an electronic document (e-mail, etc.) to the address designated beforehand in the agreement to make a transaction by means of an electronic document, the operator shall not be permitted to claim any right arising out of such electronic document (Main provision of Article 5(1) of the Act on the Consumer Protection in Electronic Commerce, etc.).
- However, notwithstanding the above provision, the online shopping mall operator may claim his/her right in the following circumstances (Article 4 of the Enforcement Decree of the Act on the Consumer Protection in Electronic Commerce, etc.).
· Where e-mails have been exchanged with a consumer on at least 2 occasions and electronic documents have been transmitted to that e-mail address;
· Where the consumer has printed out the electronic documents;
· Where it is not against the consumer's interest and he/she does not deny the validity of such electronic documents; and/or
· Where there arises an urgent need to contact and no other means than e-mails are available.