Article 1 (Purpose)
- 1.1 The purpose of the Terms & Conditions for seller service (hereinafter referred to as "these Terms & Conditions") is to stipulate the rights, duties, and other necessary matters between Trolly Holdings Ltd. (hereinafter "Trolly Holdings Ltd.") and the person who uses the Market Service (hereinafter "Seller") for the website (www.trollygo.com) (hereinafter "TrollyGo") that are operated by Trolly Holdings Ltd., thereby promoting mutual benefits for both parties.
- 1.2 In the event of any matters not specified in these Terms & Conditions, General Terms & Conditions of TrollyGo (hereinafter "General Terms & Conditions") shall be applicable. However, any Articles that cannot be applied to the Service shall not be applicable.
- 1.3 Trolly Holdings Ltd. may enter into individual agreements (hereinafter "individual agreements") with the Seller that differ from those stipulated in these Terms & Conditions. The individual agreements shall take precedence over these Terms & Conditions.
The purpose of these Terms & Conditions is to set out the rights, obligations, and responsibilities of Trolly Holdings Ltd. (hereafter to be referred to as "Trolly Holdings Ltd.") and users of Trolly Holdings Ltd.-provided online overseas marketing and support service (hereafter "TrollyGo") through the relevant Trolly Holdings Ltd.-operated website for trade support ("Trollygo Website").
Article 2 (Establishing the Usage Agreement)
- 2.1 These Terms & Conditions is established when a person who intends to use the Service agrees to the contents of General Terms & Conditions and these Terms & Conditions and, submits a request to create an account, and Trolly Holdings Ltd. accepts the request after the review process.
- 2.2 Trolly Holdings Ltd. may not approve or may rescind these Terms & Conditions after the fact if the request falls under the following subparagraphs.
- 1. If the person who requests to create an account has previously lost their membership qualifications under these Terms of Service and Trolly Holdings Ltd. has not reaccepted their request
- 2. If the applicant does not fill out the required fields in the account creation form set forth by Trolly Holdings Ltd. or if they filled out false information
- 3. If the applicant violates relevant laws or acts contrary to public order, established social morals, or good customs
- 4. If rehabilitation and bankruptcy proceedings have commenced, administrative measures, including business suspension and cancellation, have been issued
- 5. If a child under the age of 14 requests to create an account
- 6. If the approval of the applicant is determined to cause substantial disruption to the Trolly Holdings Ltd.'s business, including but not limited to purposes such as obstructing the Trolly Holdings Ltd.'s business or the usage of services by third parties
- 2.3 Trolly Holdings Ltd. is entitled to request additional documents from the Seller, and acceptance may be postponed until the Seller submits the requested documents.
- 2.4 Trolly Holdings Ltd. may revoke the Seller's qualification during the terms of these Terms & Conditions, and the Company shall notify the member of its intention through e-mail or other means of communication. These Terms & Conditions shall be terminated when the Company transmits the notice of its intent to rescind the agreement.
Article 3 (Scope of the Service)
- Trolly Holdings Ltd. shall perform the following duties.
- A. Market: service for providing a page for Sellers to register goods and advertise
- B. Buy, Sell RFQ: service for searching sellers or buyers of specific goods
- C. Bidding: Goods bidding service
- D. Trolly Holdings Ltd.-designated Services related to public notices, market conditions, inquiries made between those engaging in transactions, special events, etc.
Article 4 (Seller's obligation)
- 4.1 The Seller shall comply with these Terms & Conditions and General Terms & Conditions when providing, refunding, or exchanging the Products.
- 4.2 The Seller shall provide accurate information about the Product details about specification, delivery, origin, tariffs, etc., on the Product Details page under the responsibility of the Seller.
- 4.3 The Seller shall not transfer or lease a registered ID allowing others to use it, disclose the ID externally, or use the ID through unauthorized means.
- 4.4 Trolly Holdings Ltd. shall develop and operate the system of customer management continuously for the configuration, display, sales, and shipping of competitive goods for meeting the satisfaction of Trolly Holdings Ltd.'s customers concerning the sales of Goods.
- 4.5 The Seller shall maintain the quality of customer care and service to meet the levels required by Trolly Holdings Ltd.
- 4.6 Even though the Seller is entitled to reject the Buyer's request for exchange or refund according to General Terms & Conditions, or other relevant laws, if the Goods are counterfeit, the Seller shall not reject the Buyer's request for exchange or refund. In this case, the Seller shall compensate Trolly Holdings Ltd. and the Buyer respectively by paying a penalty equivalent to 200% of the price of the Goods, separate from any damages. The Seller grants permission for Trolly Holdings Ltd. to provide this penalty to the Buyer in advance. In this case, Trolly Holdings Ltd. is entitled to offset it against the Seller's obligation.
- 4.7 The Seller is responsible for proving that the Goods are not counterfeit. Trolly Holdings Ltd. only accepts reports from the Buyer when specific evidence is provided, in order to prevent malicious reporting or obstruction of the Seller's activities.
- 4.8 The Seller shall indemnify Trolly Holdings Ltd. against all disputes with third parties related to violation of this Article at its own efforts and expenses and shall bear all responsibility under the Civil and Criminal Acts.
Article 5 (Prohibition of Direct Transaction)
The Seller shall not induce the Buyer to engage in direct transactions by circumventing TrollyGo. In the event that the Seller breaches this Article, the Seller shall compensate Trolly Holdings Ltd. with a penalty equal to 100% of the direct transaction amount and the Fees.
Article 6 (Fees)
- 6.1 Trolly Holdings Ltd. charges the commissions to the Seller as follows. The specific rates and methods of the charges will be negotiated with the Seller.
- A. Basic fees: 5% of the transaction amount (adjustable through individual negotiations upon the Seller's registration)
- B. Other service usage fees
- 6.2 If necessary, Trolly Holdings Ltd. may establish or amend fees and it shall be notified on the notice board and to the Seller by email.
Article 7 (Protection of customers' information)
Neither the Seller shall disclose to any third parties or shall not use for other purposes the information of the customers acquired during the operation of the TrollyGo of these Terms & Conditions without prior agreement from the customers of the other party. When damages are inflicted on the other party by violation of the foregoing matters, hereinafter the Seller may be liable for the compensation of damages.
Article 8 (Prohibition of rights and obligation transfer)
Neither party shall transfer, pledge as collateral or, otherwise dispose of their status, rights, and obligations to the third parties without obtaining a written consent from the other party.
Article 9 (Validity)
These Terms & Conditions shall go into force 1 year from Trolly Holdings Ltd.'s acceptance and shall be automatically renewed every 1 year with the terms identical to those of the preceding period unless either party requests for its amendment as prerequisite for its extension of or notifies its termination in writing at least 30 days prior to the contract expiry.
Article 10 (Amendment of the Agreement)
These Terms & Conditions shall be amended only by a written agreement between the parties after giving its notification to the other party in writing prior to 15 days if either party wants to change the terms during the contract period.
Article 11 (Termination or Cancellation of the Agreement)
- 11.1 Trolly Holdings Ltd. may terminate these Terms & Conditions if any of the following occurs, Trolly Holdings Ltd. may immediately terminate the Contract by providing notice via email.
- 1. When the Seller breaches these Terms & Conditions
- 2. When the Seller breaches the Act on fair labeling and advertising or other relevant laws
- 3. When the Seller sells counterfeit goods
- 4. When the Seller is restricted or suspended from the website
- 5. When Trolly Holdings Ltd. determines that the Seller's sales performance is deemed unsatisfactory
- 11.2 If the significant changes, including but not limited to bankruptcy, insolvency, acquisition, merger or death of a legal representative, render the execution of these Terms & Conditions infeasible, the other party may terminate these Terms & Conditions by providing notice via email.
- 11.3 If General Terms & Conditions is terminated, these Terms & Conditions shall also be automatically terminated. However, as specified in Article 1.3 of these Terms & Conditions and General Terms & Conditions, the Seller shall be restricted from the website. Additionally, Trolly Holdings Ltd. is entitled to pursue legal action against the Seller.
- 11.4 The obligations and the responsibilities to the Buyer, and the obligations pursuant to Article 6 shall be performed normally till the effective date of termination in the case of the termination of these Terms & Conditions.
- 11.5 The effect of termination for these Terms & Conditions with respect of this article shall not affect any relation of rights that have already occurred or any rights for claiming compensation of damages due to causes attributable to a party exclusively.
Article 12 (Liabilities)
- 12.1 In the event that any disputes with third parties are caused by the reasons attributable to the Seller, the Seller should defend Trolly Holdings Ltd. from it and shall solve it with his own cost and responsibility.
- 12.2 If Trolly Holdings Ltd. is sued just in cases of enforced disposition, damages, lawsuits, charges, prosecution caused by Trolly Holdings Ltd.'s breaching or defaulting his obligations under these Terms & Conditions, the Seller shall be liable for compensation of direct/indirect damages against Trolly Holdings Ltd.
Article 13 (Indemnity)
Trolly Holdings Ltd. shall not be responsible for the cases arising from uncontrollable reasons, including system failure occurring without any willful misconduct or gross negligence in the management, inspection, maintenance, and replacement of the server or the operation of the software, or system failure resulting from attacks by third parties.
Article 14 (Obligation of confidentiality)
- 14.1 Neither party shall disclose it to any third parties or shall not use it for other purposes all technical information, trade secrets, or distribution information, data, etc. of the other party acquired during the execution or performance of these Terms & Conditions without the written permission of the other party during the validity and after the termination of cancellation of these Terms & Conditions.
- 14.2 Both the Seller and the Buyer shall be responsible for the compliance with the same obligations of confidentiality as Article 14.1 carried by their executive officers and staffs, agents, employees and those who are concerned.
- 14.3 In the event that either the Seller or the Buyer violates this Article and infringes upon the rights of the Seller or the Buyer, the defaulting party shall be liable for the compensation of damage against the other party.
Article 15 (Applicable law and Miscellaneous)
- 15.1 All matters arising out of or relating to these Terms & Conditions governed by and construed in accordance with the laws of Republic of Korea.
- 15.2 Any dispute arising out of or in connection with these Terms & Conditions shall be finally settled by arbitration in Seoul in accordance with the International Arbitration Rules of the Korean Commercial Arbitration Board and laws of Korea.
- 15.3 These Terms & Conditions may be executed in English and in other language. In the event of any difference or inconsistency among different versions of these Terms & Conditions, the English version shall prevail over in all respect.