Terms of Use

Article 1 (Purpose)

These Terms of Use apply to all customers using VIVAIA (hereinafter referred to as the “Site”). Accordingly, these Terms of Use apply to all users of this website (hereinafter referred to as “Users”) and Pioneer ECOM Global Limited, address: ROOMS 1203-04, 12/F., HONG KONG TRADE CENTRE, 161-167 DES VOEUX ROAD CENTRAL, HK 2990476 (hereinafter referred to as “VIVAIA”) and its subsidiaries (hereinafter collectively referred to as “VIVAIA”). These Terms of Use are intended to stipulate the terms and conditions of use of the brands and affiliated brands provided by VIVAIA and the services related to the purchase and sale of products and other information provision services (hereinafter referred to as “Services”) provided by the Company to users on the online site (hereinafter referred to as the “Site”), as well as other necessary matters related to the use, the rights, obligations and responsibilities of the “Company” and users.

Article 2 (Definition)

① “Site” refers to the virtual business location (referring to the website in Article 1) set up by “VIVAIA” to enable transactions of goods or services using information and communication facilities such as computers in order to provide goods or services to “Users”, and is also used to refer to the business operator that operates the site.

②"User" refers to members and non-members who access the "Site" and receive services provided by the "Site" in accordance with these Terms and Conditions.

③"Member" refers to a person who has registered as a member by providing personal information to the "Site", continuously receives information from the "Site", and can continuously use the services provided by the "Site".

④ “Non-member” refers to a person who uses the services provided by the “Site” without registering as a member.

Article 3 (Specification, explanation and revision of terms and conditions, etc.)

① The "Site" posts the contents of these Terms and Conditions, the name and representative name, the address of the business location (including the address of the place where consumer complaints can be handled), the person in charge of personal information management, etc. on the "Site" so that users can easily see them. However, the contents of the Terms and Conditions may be made available for users to view through a link screen.

② Before a user agrees to the terms and conditions, the “site” must obtain the user’s confirmation by providing a separate link screen or pop-up screen so that the user can understand important information stipulated in the terms and conditions, such as cancellation of subscription, delivery responsibility, and refund conditions.

③ The "Site" may revise these Terms and Conditions to the extent that it does not violate related laws such as the Electronic Commerce Consumer Protection Act, the Terms and Conditions Regulation Act, the Electronic Commerce Act, the Electronic Signature Act, the Promotion of Information and Communications Network Utilization Act, the Door-to-Door Sales Act, the Consumer Protection Act, and the Personal Information Protection Act.

④ When the "Site" revises the terms and conditions, it will post the effective date and the reason for the revision on the initial screen of the site along with the current terms and conditions from 7 days prior to the effective date until the day before the effective date. However, when the terms and conditions are changed to the disadvantage of the user, it will post a notice at least 30 days in advance. In this case, the "Site" will clearly compare the content before and after the revision and display it so that the user can easily understand it.

⑤ If the "Site" revises the terms and conditions, the revised terms and conditions will only apply to contracts concluded after the effective date, and the terms and conditions prior to revision will remain applicable to contracts already concluded before that date. However, if a user who has already entered into a contract wishes to be subject to the revised terms and conditions, and sends a notice to the "Site" within the notice period for the revised terms and conditions pursuant to Paragraph 3 and receives the "Site's" consent, the revised terms and conditions will apply.

Article 4 (Provision and Change of Services)

① “Site” performs the following tasks:

1. VIVAIA product sales
2. Providing VIVAIA product related services
3. Other tasks determined by the “Site”

② In the event of a shortage of goods or services or changes in technical specifications, the “Site” may change the content of goods or services to be provided under a contract to be concluded in the future. In this case, the content of the changed goods or services and the date of provision will be immediately notified in the place where the content of the current goods or services is posted.

③ In the event that the content of the service that the “Site” has agreed to provide to the user is changed due to reasons such as the product being out of stock or changes in technical specifications, the reason will be immediately notified to the user at an address where the user can be notified.

④ In the case of the preceding paragraph, the “Site” shall compensate for any damages suffered by the user. However, this shall not apply if the “Site” proves that there was no intent or negligence.

Article 5 (Service Interruption)

① In the event of maintenance, inspection, replacement, or malfunction of information and communication equipment such as computers or interruption of communication, the “Site” may temporarily suspend provision of services.

② The “Site” shall compensate for damages suffered by users or third parties due to temporary suspension of service provision for the reasons set forth in Paragraph 1. However, this shall not apply if the “Site” proves that there was no intent or negligence.

③ In the event that the service cannot be provided due to reasons such as change in business type, abandonment of business, or integration between companies, the “Site” shall notify the user in the manner prescribed in Article 8 and compensate the consumer according to the conditions initially presented by the “Site.” However, in the event that the “Site” fails to notify the compensation criteria, etc., the mileage or accumulated points of the users shall be paid to the users in kind or cash equivalent to the currency value used on the “Site.”

Article 6 (Membership Registration)

① Users apply for membership by filling out membership information in the registration form provided by the “Site” and indicating their agreement to these terms and conditions.

② The “Site” registers as a member any user who has applied for membership as per Paragraph 1, unless he or she falls under any of the following items.

1. If the applicant has previously lost membership qualifications in accordance with Article 7, Section 3 of these Terms and Conditions, this shall not apply to those who have lost membership qualifications in accordance with Article 7, Section 3 and have obtained the “Site’s” approval for re-registration as a member after 3 years have passed.
2. If there is any false, omitted or incorrect information in the registration
3. If it is determined that registering as a general member significantly hinders the technology of the “site”

③ The time of establishment of the membership agreement is when the “site”’s approval reaches the member.

④ If there is a change in the information registered at the time of membership registration, the member must report it to the “Site” within a reasonable period of time.

”You must notify us of any changes by modifying your member information, etc.

Article 7 (Withdrawal of membership and loss of qualification, etc.)

① Members may request withdrawal from the “Site” at any time, and the “Site” will immediately process the withdrawal.

② If a member falls under any of the following reasons, the “Site” may restrict or suspend membership.

1. If you provide false information when applying for membership
2. If a member does not pay the price of goods purchased using the “Site” or any other debts incurred in connection with the use of the “Site” on the due date,
3. In case of threatening the e-commerce order, such as interfering with another person’s use of the “site” or stealing information
4. If you use the “Site” to commit an act that is prohibited by law or these Terms and Conditions or is against public order and morals

③ If the “Site” restricts or suspends membership and the same action is repeated more than twice or the reason is not corrected within 30 days, the “Site” may revoke the membership.

④ If the “site” loses membership qualifications, the membership registration will be canceled. In this case, the member will be notified and given at least 30 days to explain before the membership registration is canceled.

Article 8 (Notice to members)

① When the “Site” notifies a member, it may do so via the e-mail address designated in advance through agreement between the member and the “Site.”

② In the case of notification to an unspecified number of members, the “Site” may substitute individual notification by posting on the “Site” bulletin board for more than one week. However, individual notification will be provided for matters that have a significant impact on the member’s own transactions.

Article 9 (Purchase application and consent to provision of personal information, etc.)

① Users of the “Site” may apply for purchases on the “Site” using the following or similar methods, and the “Site” must provide the following information in an easily understandable manner when users apply for purchases.

1. Search and select goods, etc.
2. Enter the recipient's name, address, phone number, email address (or mobile phone number), etc.
3. Confirmation of terms and conditions, services with limited right of cancellation, and cost burden such as delivery and installation fees
4. Indicate whether you agree to these terms and confirm or reject the items in item 3 above.

(Yes, mouse click)

5. Application for purchase of a product and confirmation thereof or consent to confirmation by “Mall”
6. Select payment method

② In the event that the “Site” needs to provide the purchaser’s personal information to a third party, the purchaser must be notified of and obtain consent regarding 1) the recipient of the personal information, 2) the purpose of use of the personal information by the recipient of the personal information, 3) the items of personal information provided, and 4) the period of retention and use of the personal information by the recipient of the personal information. (The same applies if the matters for which consent has been given are changed.)

③ In the event that the “Site” entrusts a third party with handling the purchaser’s personal information, 1) the person entrusted with handling personal information, and 2) the content of the work for which personal information handling is being entrusted must be notified to the purchaser and consent must be obtained. (The same applies if the matters for which consent has been obtained are changed.) However, in the event that it is necessary for the performance of a contract for the provision of services and is related to the promotion of the purchaser’s convenience, the notification and consent procedures may be omitted by notifying the purchaser through the personal information handling policy in the manner prescribed in the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.

Article 10 (Establishment of contract)

① The “Site” may not accept purchase applications under Article 9 in the following cases. However, in the case of entering into a contract with a minor, the minor or the legal representative may cancel the contract if the consent of the legal representative is not obtained.

1. If there is any false information, omission, or error in the application
2. When a minor purchases goods or services prohibited by the Youth Protection Act, such as cigarettes or alcohol
3. If it is determined that approving other purchase requests significantly hinders the technology of the “site”

② The contract is deemed to have been concluded when the “site”’s approval reaches the user in the form of a confirmation of receipt under Article 12, Paragraph 1.

③ The “site”’s expression of intent to accept must include information such as confirmation of the user’s purchase request, availability for sale, correction or cancellation of the purchase request, etc.

Article 11 (Payment Method)

Payment for products purchased on the “Site” may be made using any of the available methods listed below. However, the “Site” may not collect any additional fees of any kind for the price of goods, etc., in relation to the user’s payment method.

1. Various account transfers such as phone banking, internet banking, and mail banking
2. Payment by various cards such as prepaid cards, debit cards, and credit cards
3. Online bank transfer
4. Payment by electronic money
5. Payment upon receipt
6. Payment by points provided by the “site” such as mileage
7. Payment by gift certificate that has been contracted with the “Site” or recognized by the “Site”
8. Payment by other electronic payment methods, etc.

Article 12 (Confirmation of receipt, change and cancellation of purchase application)

① When a user makes a purchase request, the “Site” sends the user a confirmation of receipt.

② Users who have received a notice of receipt confirmation may request a change or cancellation of the purchase application immediately after receiving the notice of receipt confirmation if there is a discrepancy in the expression of intent, and the “Mall” must process the request without delay prior to delivery if the user requests it. However, if payment has already been made, the provisions of Article 15 on withdrawal of subscription, etc. shall apply.

Article 13 (Supply of products, etc.)

① Unless there is a separate agreement between the “Site” and the user regarding the timing of supply of products, etc., the “Site” shall take necessary measures such as custom manufacturing, packaging, etc. so that the products, etc. can be delivered within 7 days from the date of subscription by the user. However, if the “Site” has already received all or part of the payment for the products, etc., the measures shall be taken within 3 business days from the date of receipt of all or part of the payment. In this case, the “Site” shall take appropriate measures so that the user can check the supply procedures and progress of the products, etc.

② The “Site” shall specify the means of delivery, the party responsible for the delivery costs for each means, and the delivery period for each means for the products purchased by the user. If the “Site” exceeds the agreed delivery period, it shall compensate the user for any resulting damages. However, this shall not apply if the “Site” proves that there was no intent or negligence.

Article 14 (Refund)

If the “Site” cannot deliver or provide a product, etc. that a user has requested to purchase due to reasons such as being out of stock, it shall promptly notify the user of the reason and, if the payment for the product, etc. has been received in advance, refund the payment or take necessary measures for a refund within 3 business days from the date of receipt of the payment.

Article 15 (Withdrawal of subscription, etc.)

① Users who have entered into a contract for the purchase of “sites” and products, etc. may withdraw their subscription within 7 days from the date of receipt of the written contract in accordance with Article 13, Paragraph 2 of the Act on Consumer Protection in Electronic Commerce, etc. (if the supply of products, etc. is made later than the date of receipt of the written contract, the date of receipt of the products, etc. or the start of supply of products, etc. shall be referred to). However, if the Act on Consumer Protection in Electronic Commerce, etc. provides otherwise regarding the withdrawal of subscription, the provisions of said Act shall apply.

② In the event that a user receives a product, etc., he/she cannot return or exchange the product if any of the following applies.

1. If the product is lost or damaged due to a reason attributable to the user (however, if the packaging is damaged in order to check the contents of the product, the subscription may be cancelled)
2. If the value of a product, etc. has significantly decreased due to use or partial consumption by the user
3. If the value of a product has significantly decreased over time to the point where resale is difficult
4. If the packaging of the original product is damaged when it can be duplicated with goods of the same performance, etc.

③ In the cases of subparagraphs 2 through 4 of paragraph 2, if the “site” does not take measures such as clearly stating in advance that cancellation of subscription, etc. is restricted in a place where consumers can easily see it or providing trial products, the user’s cancellation of subscription, etc. is not restricted.

④ Notwithstanding the provisions of Paragraphs 1 and 2, if the content of a product, etc. is different from the displayed or advertised content or if the contract is not performed as agreed upon, the user may cancel the subscription, etc. within 3 months from the date of receipt of the product, etc. or within 30 days from the date the user learned of the fact or could have learned of the fact.

Article 16 (Effect of withdrawal of subscription, etc.)

① In the event that the “Site” receives a return of a product, etc. from a user, it shall refund the amount already paid for the product, etc. within 3 business days. In this case, if the “Mall” delays the refund of the product, etc. to the user, it shall pay the delayed interest calculated by multiplying the delayed interest rate stipulated in Article 21-2 of the Enforcement Decree of the Act on Consumer Protection in Electronic Commerce, etc. by the delay period.

② When refunding the above amount, if the user has paid for the product, etc. using a payment method such as a credit card or electronic money, the “Site” will request the business operator who provided the payment method to suspend or cancel the claim for the product, etc. without delay.

③ In the case of cancellation of subscription, etc., the cost required for returning the goods supplied shall be borne by the user. The “Site” shall not claim a penalty or compensation for damages from the user for reasons such as cancellation of subscription. However, in the case of cancellation of subscription, etc. due to the content of the product, etc. being different from the displayed or advertised content or being performed differently from the contractual content, the cost required for returning the product, etc. shall be borne by the “Site”.

④ In cases where the user pays for shipping costs when receiving products, etc., “Mall” clearly indicates who will bear the costs when the subscription is cancelled so that the user can easily understand.

Article 17 (Personal Information Protection)

① When collecting personal information from users, the “Site” collects the minimum amount of personal information necessary to provide services.

② The “Site” does not collect information necessary for the performance of a purchase contract in advance when registering as a member. However, this does not apply in cases where identity verification is required prior to a purchase contract in order to perform obligations under relevant laws and regulations, and where the minimum amount of specific personal information is collected.

③ When the “Site” collects and uses a user’s personal information, it notifies the user of the purpose and obtains consent.

④ The “Site” cannot use the collected personal information for purposes other than the intended purpose, and if a new purpose of use arises or if it is provided to a third party, the purpose will be notified to the relevant user and consent will be obtained at the stage of use/provision. However, if there are other provisions in related laws, there are exceptions.

⑤ In cases where the “site” must obtain the user’s consent pursuant to Paragraphs 2 and 3, the identity of the personal information manager (affiliation, name, phone number, and other contact information), the purpose of collecting and using information, matters related to the provision of information to third parties (recipient, purpose of provision, and content of information to be provided), etc., as stipulated in Article 22 Paragraph 2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., must be specified or notified in advance, and the user may withdraw this consent at any time.

⑥ Users may request access to and correction of errors in their personal information held by the “Site” at any time, and the “Site” is obligated to take necessary measures without delay. If a user requests correction of an error, the “Mall” will not use the relevant personal information until the error is corrected.

⑦ In order to protect personal information, the “Site” must limit the number of people handling the user’s personal information to the minimum and assumes full responsibility for any damage suffered by the user due to loss, theft, leakage, provision to a third party without consent, alteration, etc. of the user’s personal information, including credit card and bank account information.

⑧ The “Site” or a third party that has received personal information from it shall destroy the personal information without delay when the purpose of collecting or providing the personal information has been achieved.

⑨ The “Site” does not pre-select the consent box for the collection, use, and provision of personal information. In addition, it specifically states the services that are restricted when the user refuses to consent to the collection, use, and provision of personal information, and does not restrict or refuse the provision of services such as membership registration due to the user’s refusal to consent to the collection, use, and provision of personal information that is not a mandatory collection item.

Article 18 (“Site” Obligations)

① The “Site” shall not engage in any acts prohibited by laws and regulations or these Terms and Conditions or contrary to public order and morals, and shall do its best to provide products continuously and stably in accordance with these Terms and Conditions.

② The “site” must have a security system to protect users’ personal information (including credit information) so that users can safely use Internet services.

③ If a user suffers damages due to the “site” engaging in unfair labeling or advertising practices as defined in Article 3 of the Act on Fair Labeling and Advertising with respect to products or services, the “site” shall be liable for compensation.

④ “Site” does not send commercial e-mails for profit that users do not want.

Article 19 (Member’s obligations regarding ID and password)

① Except for the case in Article 17, the member is responsible for managing his/her ID and password.

② Members must not allow third parties to use their ID and password.

③ If a member becomes aware that his/her ID and password have been stolen or are being used by a third party, he/she must immediately notify the “Mall” and follow any instructions provided by the “Mall”.

Article 20 (User Obligations) Users must not perform the following acts.

1. Registration of false information when applying or changing
2. Stealing other people's information
3. Changes to information posted on the “Site”
4. Transmission or posting of information (computer programs, etc.) other than information assumed by the “site”
5. Infringement of intellectual property rights, including copyrights, of the “Site” or other third parties
6. Any act that damages the reputation or interferes with the business of the “Site” or other third parties

7. Acts of disclosing or posting obscene or violent messages, images, voices, or other information that is against public order and morals on the mall

Article 21 (Relationship between linked “sites” and linked “sites”)

① When an upper “site” and a lower “site” are connected by a method such as a hyperlink (e.g. the target of a hyperlink includes text, images, and moving images), the former is called a connecting “site” (website) and the latter is called a connected “site” (website).

② If the linked “site” clearly states on its initial screen or in a pop-up screen at the time of connection that it does not bear warranty responsibility for transactions between users and the linked “site” regarding products, etc. provided independently by the linked “site,” then the linked “site” will not bear warranty responsibility for such transactions.

Article 22 (Attribution of copyright and restrictions on use)

① The copyright and other intellectual property rights for works created by the “Site” belong to the “Site.”

② Users may not use for profit or allow third parties to use for profit information obtained through the use of the “Site” by copying, transmitting, publishing, distributing, broadcasting or other methods without the prior consent of the “Site” if the intellectual property rights to such information belong to the “Site”.

③ When the “Site” uses the copyright belonging to the user according to the agreement, it must notify the user.

Article 23 (Dispute Resolution)

① The “Site” establishes and operates a damage compensation processing organization to reflect legitimate opinions or complaints raised by users and compensate for the damages.

② The “Site” gives priority to complaints and opinions submitted by users. However, if prompt processing is difficult, the user will be notified immediately of the reason and processing schedule.

③ In the event of a request for damage relief from a user in connection with an e-commerce dispute that has arisen between users, the “Site” may follow the mediation of a dispute resolution agency commissioned by the Fair Trade Commission or the city/provincial governor.

Article 24 (Jurisdiction and Governing Law)

① Litigation regarding disputes over e-commerce that arise between the “Site” and users shall be under the exclusive jurisdiction of the local court with jurisdiction over the user’s address at the time of filing the lawsuit, or if there is no address, the user’s place of residence. However, if the user’s address or place of residence is unclear at the time of filing the lawsuit or if the user is a foreign resident, the lawsuit shall be filed with the court with jurisdiction under the Civil Procedure Act.

② Hong Kong law applies to e-commerce lawsuits filed between the “Site” and users.

Supplementary provisions

These Terms apply from September 11, 2024.

(Announcement date: September 11, 2024 / Effective date: September 11, 2024)