Terms & Conditions
The objective of these Terms and Conditions (hereinafter “Agreement”), in regards to registration and use of the online store www.pinkland.co.nz (hereinafter “PINKLAND”) operated by Tommi Entertainment Limited. (hereinafter “Company”), is to stipulate the Company and customers’ rights, responsibilities, and terms and procedures concerning the customer’s user of services.
The terms used in this Agreement are defined as follows. Terms used in this Agreement, with the exception of those defined in Article 1, are in accordance with standard commercial practice or relevant law.
- “PINKLAND” refers to a virtual business place created by means of telecommunication equipment or computer in order to enable users to transact goods or services (hereinafter “Goods, etc.”). It also refers to the business that operates the online store.
- “Services” refers to all online services and other various services provided by the Company on PINKLAND.
- “User” refers to Registered Customers and guests who use the services provided by the Company in accordance to this Agreement.
- “Registered Customer” refers to a person who has consented to this Agreement and is registered on PINKLAND in order to receive provided Services.
- “Guest” refers to a person who uses Services provided by PINKLAND without registering.
- “ID” refers to the email address provided by Users for usage of Services, and used by the Company for customer identification purposes.
- “Password” refers to a combination of letters and numbers created by the User in order to verify identification and to protect the rights of the customer.
- “Application (App)” refers to the programs provided and managed by the Company in order for Users to purchase goods and use services on PINKLAND.
- “Reward Points” are a type of payment method provided to Users by the Company, and can be accumulated and used following the purchase of goods or services.
Statement and Modification of Terms
- The Company shall, for easier recognition by users, display the contents of this Agreement, store name, representative, address, business registration number, and contact information (phone number, email address, etc.) on the initial homepage of PINKLAND. Details of this Agreement may be provided in the form of a link to a separate page.
- Once a User completes the procedure for registration, the User shall be deemed to have consented to this Agreement, and the Agreement shall take effect upon registration.
- The Company may modify this Agreement provided that the modification does not violate any relevant laws such as the Act on the Consumer Protection in Electronic Commerce, etc., Regulation of Adhesion Contract Act, Framework Act on Electronic Commerce, Digital Signature Act, Act on the Promotion of Information and Communications Network Utilization and Information Protection, etc., Act on Door-to-Door Sales, etc., and Framework Act on Consumers, etc.
- Should any modification be made to this Agreement, the Company shall announce the effective date and the reasons of such modification for 7 days prior to the effective date on the initial page of PINKLAND, and inform Registered Customers via email. However, if the changes are disadvantageous to the Registered Customer, the announcement shall be made for 30 days prior to the effective date. In such a case, the Company shall display the contents of the modification in a clear manner to facilitate Registered Customers’ understanding of the modification.
- The User shall be deemed to have consented to the modification if the user does not dispute within the dispute time period stated in the announcement and if the announcement states that any failure to dispute within the time period shall be construed as User’s agreement to such modification.
- If the Company notifies Registered Customers of the contents of amendment via email to the email address registered by the Registered Customer, the Company shall be deemed to have properly notified.
- Registered Customers who do not agree to the modified terms can request to terminate their account.
Types of Services
- The Company provides the following Services.
- Information on goods and services, execution and implementation of purchase contracts
- Opportunities for new product review and related activities
- Opportunities for participation in various events
- Emails on new products and company news
- Other services as determined by the Company
- The contents of services provided can be modified if the Company deems it necessary for management, technical, or operation reasons.
PINKLAND Membership Service
- The Company may provide membership service of PINKLAND Membership Service’. Details are governed by PINKLAND Membership Service Operation Policy.
- PINKLAND membership operation policy (including membership benefits) will be notified through the PINKLAND Site Membership Menu and may be changed according to the company’s circumstances.
Provision and Withdrawal of Services
- The Company shall provide Services for 24 hours a day, 365 days a year, unless any business or technical problems arise.
- The Company may restrict usage time for certain Services or Registered Customers. In the event of such restriction, an announcement shall be made in advance.
- The Company may temporarily suspend Services in the event of repair or inspection of telecommunications facilities, breakage in communication, or force majeure such as natural disasters.
- Excluding force majeure such as natural disasters or national emergencies, the Company shall notify Registered Customers in the event of any suspension of Services. Should Services be suspended due to force majeure, customers shall be notified immediately after the relevant issue is resolved.
- For any damages to the Registered Customer or a third party due to suspension of Services, with the exception of cases due to force majeure such as national emergencies, the Company is held liable. However, the Company shall not be held liable in the event that the Company provides evidence of no intention or negligence.
- In the event that Services can no longer be provided due to reasons such as change in business item, abandonment of business, or company acquisition, the Company shall inform Registered Customers and compensate in accordance to the conditions stipulated by the Company. Should the Company not publish its conditions or standards for compensation, Reward Points shall be returned to Users in the form of cash or merchandise equal in value.
Establishment of Contract of Use
- Users may apply to become a Registered Customer after entering customer information and consenting to this Agreement provided by the Company.
- By following the procedure for registration as determined by PINKLAND, and by clicking “Agree” upon reading this Agreement, the User acknowledges his or her consent to this Agreement.
- Users that register according to Sections 1 and 2 of this Article may be suspended or restricted from Services in the following cases.
- Registration is made with falsified, missing, or incorrect information.
- Registration is made with the purpose of harming public order and morals.
- User is obstructing the Company’s legitimate business operation.
- 30 days have not passed since the Registered Customer voluntarily closed his/her account.
- The registering customer is under 16 years of age
- Other reasons deemed appropriate by the Company
- The contract of customer registration takes effect once the Company’s approval reaches the Registered Customer.
- Any changes in customer information shall be immediately informed to the Company via methods such as the Edit Profile menu.
- Registered Customers shall not participate in the following activities, which are considered harmful to public order and morals.
- Using a stolen ID and password
- Unauthorized usage, reproduction, distribution, or commercial exploitation of information obtained through Services provided by the Company
- Infringement of intellectual property rights and/or other rights of a third party
- Defamation or intentional activities that harm another person
- Distribution of crime-instigating or obscene content for criminal purposes (and other activities harmful to social order)
- Unauthorized distribution or advertisement of contents unrelated to Services provided by the Company
- Hacking or spreading computer viruses to disrupt or harm information services provided by the Company
- Other activities in violation of relevant laws
- Registered Customers are responsible for the management of their own ID and password, and are held liable for all consequences that occur as a result of user negligence.
- In regards to use of Services, duplicate IDs are not permitted. If your ID is exposed to another person, change your password immediately and inform the Company.
- Registered Customers are obliged to comply with the terms of this Agreement.
Account Termination and Suspension
- Registered Customers may request to terminate their account directly on the website or by means of phone, email, etc. Account termination takes effect immediately after the request is processed.
- The Company may restrict or suspend accounts without prior notification in the following circumstances:
- ID or password theft
- Registration made with falsified information in violation of the effective Agreement at the time of registration
- Intentional spreading of a computer virus
- Activities that threaten the order of electronic commerce, such as information theft or obstructing other users on PINKLAND
- Activities on PINKLAND that harm public order, violate this Agreement, and/or violate relevant laws
- Distribution of unconfirmed or untruthful information that damages the reputation and credibility of PINKLAND or obstructs its business
- Obstructing business by repeatedly cancelling or returning Goods, etc. purchased on PINKLAND with no evident reason
- Obstructing business by insulting, threatening, or sexually harassing a staff member of PINKLAND
- Obstructing the transaction order of PINKLAND by making repeated purchases of Goods, etc. for resale purposes
- Registrations that do not comply to this Agreement nor meet the requirements set by the Company
- The Company may defer approval of a user’s registration request in circumstances under the following circumstances:
- Shortage in facilities
- Technical difficulties
- Other reasons in which deferment is deemed inevitable
- Violations of this Agreement
- Once an account is restricted or suspended, in the event that the reason for restriction or suspension occurs more than twice or remains unresolved within a 30-day period, the Company reserves the right to terminate the relevant account.
- In the event that the Company terminates an account, the account registration is cancelled, and the Registered Customer will be informed and given an opportunity to present a defense.
- In the case of Clause 3, the Company may claim damages to the Registered Customer.
- The Company shall not partake in any activities that are prohibited by this Agreement or any relevant laws.
- The Company shall use its efforts to provide continuous and stabilized services.
- Should a User’s opinion or complaint be deemed justified, the Company shall promptly process relevant requests without delay. However, if processing is impossible, the Company is obliged to inform the User of the reason and provide an expected resolution schedule.
The Company may provide Users with notifications via the email address provided by the User at the time of registration.
Protection of Personal Information
- To provide better services, the Company may request additional information regarding the User’s interests and purchases. In such case, the User’s consent shall be obtained in advance.
Provision of Information
The Company may, via email or other methods, provide Registered Customers with various information deemed important. Registered Customers can refuse to receive the Company’s emails at any time.
The Company may delete a User’s posting or any of its services without prior notification in the following circumstances.
- The User is committing slander or defaming a third party.s
- The User is transmitting a large amount of information that destabilizes the operation of services.s
- The User is spreading falsified information or advertisements against the recipient’s will.s
- The User is harming public order and morals.s
- The User is infringing the intellectual property rights or other rights of a third party.s
- Other circumstances in violation of this Agreement or relevant laws
Intellectual Property Rights
- All intellectual property rights in regards to Services belong to the Company.
- Users may not, without prior permission from the Company, duplicate, transmit, publish, distribute, or broadcast information obtained during use of Services for commercial purposes, nor may they allow a third party to do so.
- Product reviews and postings made by Users on PINKLAND may be duplicated, distributed, transmitted, or displayed on websites used by or in affiliation with the Company. Contents can be modified or edited so long as the original meaning remains intact.
Establishment of Purchase Contract
- Users who wish to make a purchase on PINKLAND may submit a request in the following (or similar) order. The Company is obliged to disclose the following information to Users in a manner that is easy to understand.
- Search and select good(s) to purchase
- Enter recipient’s name, address, phone number, email address (or mobile phone number), etc.
- Confirm contents of Agreement, information on restricted services, liabilities for shipping fees, installation fees, etc.
- Indicate your consent or refusal to this Agreement (e.g. via mouse click)
- Agree to confirmations regarding purchase of Goods, etc.
- Select payment method
- Other procedures determined by the Company
- In the event that the Company provides or entrusts a User’s personal information to a third party, the Company is required to obtain the User’s consent. This consent is not implied in advance at the time of registration.
- The Company reserves the right to decline a purchase request for reasons indicated in the following clauses. For minors who wish to establish a contract without the consent of a legal guardian, the Company shall inform that User or legal guardian may terminate the contract.
- The purchase request includes falsified, missing, or incorrect information.
- Approving the request may result in significant technological obstructions to the Company.
- The contract shall be binding once the notification of approval reaches the Registered Customer. The notification of approval must include the confirmation and sales availability of the relevant purchase request, as well as information on modification and cancellations to purchase request.
Users can make payments for goods or services purchased at PINKLAND using the payment methods indicated in the following clauses. The Company may not, for any reason, charge additional fees in regards to a User’s payment.
- Credit card payment
- Payment with electronic currencies
- Other electronic forms of payment
User Notification and Modification/Cancellation of Order
- The Company is obliged to provide a notification of confirmation in the event of a purchase request made by a User.
- Upon receiving notification, the User may immediately request to modify or cancel the purchase request in case of change of mind. For requests made before shipment, the Company is obliged to promptly process such requests without delay. In the event that payment has already been made, the terms regarding Right to Cancel shall take precedence.
Provision of Goods, etc.
- Unless specific terms are stipulated regarding the provision period of Goods, etc., the Company shall take appropriate measures such as customized production, packaging, etc., to ship the User’s item within 7 days of contract establishment. However, if the payment has already been made in full or in part, the Company shall take appropriate measures within 3 business days of payment. If a separate agreement exists between the Company and User, the relevant agreement shall take precedence. In such case, the Company is obliged to take measures to provide the User with information on provision procedures and progress.
- The Company shall disclose the shipping method for delivery of Goods purchased by Users, shipping cost responsibilities per method, and shipping time per method, etc. for purchases made by the User. In the event that the Company exceeds the agreed shipping time, the Company is held liable for damages incurred from the delay. However, the Company is not held liable in the event that the Company provides evidence of no intention or negligence.
In the event that the Company is not able to provide Goods, etc. purchased by the User due to reasons such as insufficient stock, the Company shall promptly inform the User and issue a refund or take appropriate measures for refund within 3 business days of payment.
Right to Terminate
- A User who has established a purchase contact for Goods, etc. with the Company may request to cancel the order within 7 days of the effective date of contract (if the Goods, etc. are provided later than the effective date, the date of delivery or the date of the start of delivery is taken into account). However, if the terms for cancellation are stated differently in the Act on the Consumer Protection in Electronic Commerce, etc., the relevant regulations are to be followed. If the Company has set a different cancellation period and has notified the User in advance, the User may cancel the order within the period determined by the Company.
- The User may not request a return or exchange for items that fall under any of the following clauses.
- The item is destroyed or damaged due to reasons for which the User is held responsible (with the exception of packaging being damaged in order to inspect the contents of goods).
- The value of the item is significantly decreased due to full or partial consumption by the User.
- The value of the item is significantly decreased due to passage of time and is deemed unsuitable for resale.
- An item that can be reproduced into an item of the same quality, of which the original item packaging is damaged.
- Services or digital contents stipulated under Article 2, Section 5 of the Framework Act on the Promotion of Culture Industries (with the exception of divisible services or divisible digital contents not stipulated).
- The Company has notified the User of restrictions to cancellation in advance due to foreseeable and irrevocable damages that may occur from cancellation, and has obtained consent.
- Regarding Clauses 2 and 4 of the foregoing section, in the event that the Company has not clearly notified the restrictions to cancellation or taken appropriate measures such as providing product of usage, restrictions do not take effect.
- Notwithstanding Sections 1 and 2, in the event that the received Goods etc., differ from what is indicated or advertised, or the purchase contract is not executed accordingly, the User may cancel the order within 3 months of delivery and within 30 days of discovery or potential discovery date.
Effects of Termination
- For returned goods, the Company is obliged to take appropriate measures in issuing a refund within 3 business days of return receipt. In the event that the refund is delayed, the Company is obliged to pay a delay interest rate in accordance to Article 21 of the Enforcement Decree of the Act on the Consumer Protection in Electronic Commerce, etc.
- Regarding refunds, in the event that the User has made payment with credit card or other methods determined by law, the Company shall promptly contact the processor of the relevant payment method to request the suspension or cancellation of billing.
- For cancelled orders, the User is responsible for fees incurred for returning an item. The Company shall not claim damages or penalty charges for cancellation of order. However, in the event that the received Goods etc., differ from what is indicated or advertised, or the purchase contract is not executed accordingly, the Company is responsible for all return costs.
- In the event that the item has already been partially used or consumed, the Company may, within legal boundaries, claim from the User the profits obtained from use or the costs incurred in providing the item.
- Reward Points issued from purchase must be returned in order for the purchase to be cancelled.
- In the event that the User has paid shipping fees at the time of initial delivery, the Company shall clearly indicate who is responsible for the costs in case of cancellation.
Operation of Reward Points and Other Systems
- The Company can award Reward Points to Users who purchase Goods, etc. or use certain payment methods, the details of which are in accordance with PINKLAND Reward Point operation policies. Reward Point policies are separately notified and are subject to change following Company circumstances.
- Reward Points can be used like cash to purchase goods from PINKLAND. Points cannot be redeemed for cash (with certain exceptions such as gift certificates or gift cards), and are available for use starting from 1 point.
- Reward Points expire in the following cases.
- Registered Customer closes account.
- Expiration date has come or the conditions for expiring the Reward Point has been met
- Reward Points used for unlawful profit or malicious transactions can be forfeited or suspended by the Company.
For any damages resulting from either party violating this Agreement or relevant laws, the party responsible is obliged to indemnify the damaged party.
Exemption of Liability
- The Company shall not be held liable for damages for which the User is responsible.
- In regards to information, data, or facts posted by a User or third party, the Company does not guarantee and is not responsible for the completeness, safety, appropriateness, legitimateness (no violation of third party right) of such information and intentions of the User or third parties to transact.
- The Company is not responsible for damages that arise from the inability to provide Services due to force majeure such as natural disasters.
- If the Company provides Services in partnership with an affiliate website, the Company is not held liable for any damages that arise from the services provided by the affiliate website.
Applicable Laws and Jurisdiction for Disputes
- This Agreement and Services shall be governed, construed and performed by the laws of New Zealand.
- Both the Company and User are obliged to make every effort in amicably settling disputes that arise in regards to Services.
- Any dispute arising between Company and User arising out of or in connection with the Agreement or Services, shall be resolved in accordance with the procedures set out in the Civil Procedure Act of New Zealand.