TERMS AND CONDITIONS

Article 1 (Purpose)

These Terms and Conditions govern the rights, obligations, and responsibilities of BREAK SILENCE, an online mall operated by 브레이크 사일런스 (the “Mall”), and users in connection with the internet-related services provided by the Mall (the “Services”).

These Terms also apply, to the extent appropriate, to electronic commerce conducted through mobile devices, wireless communications, and other electronic means.


Article 2 (Definitions)

1. “Mall” means the virtual business place established and operated by 브레이크 사일런스 under the name BREAK SILENCE, using computers and other information and communications equipment to provide goods or services (“Goods”) to users. The term may also refer to the business operator that operates the Mall.

2. “User” means any member or non-member who accesses the Mall and receives the Services in accordance with these Terms.

3. “Member” means a person who has registered as a member of the Mall and may continuously use the Services.

4. “Non-member” means a person who uses the Services without registering as a member.


Article 3 (Display, Explanation, and Amendment of the Terms)

1. The Mall shall display these Terms and the business name, representative’s name, business address, customer-service contact information, email address, business registration number, mail-order business registration number, and personal data contact so that users can easily identify them. The full text of these Terms may be provided through a linked page.

2. Before a user agrees to these Terms, the Mall shall provide a separate page, pop-up, or other appropriate means for the user to review important terms, including withdrawal rights, delivery responsibilities, return costs, and refund conditions.

3. The Mall may amend these Terms to the extent permitted by the applicable laws of the Republic of Korea, including the Act on the Consumer Protection in Electronic Commerce, the Act on the Regulation of Terms and Conditions, the Electronic Documents and Electronic Transactions Basic Act, the Electronic Financial Transactions Act, the Personal Information Protection Act, and the Framework Act on Consumers.

4. Amendments shall be announced on the Mall together with the effective date and reason for the amendment from at least seven days before the effective date until the day immediately preceding it. Amendments materially unfavorable to users shall be announced at least thirty days in advance, with the previous and amended provisions clearly compared.

5. Unless otherwise agreed, amended Terms apply only to contracts concluded on or after their effective date. Contracts concluded before that date remain governed by the Terms in effect at the time of the contract.

6. Matters not provided for in these Terms shall be governed by the applicable laws of the Republic of Korea, consumer protection guidelines, and generally accepted commercial practices.


Article 4 (Provision and Modification of Services)

1. The Mall provides the following Services:

a. Information about Goods and the conclusion of purchase contracts;
b. Delivery of Goods purchased through the Mall; and
c. Other services determined by the Mall.

2. If Goods become unavailable or their specifications change, the Mall may modify the Goods to be offered under future contracts. The Mall shall promptly announce the revised details and the date on which they will be available.

3. If the Mall must modify Goods that it has already agreed to provide because of unavailability, specification changes, or another reason, it shall promptly notify the user through the available contact information.

4. The Mall shall compensate the user for losses caused by a modification under the preceding paragraph unless the Mall proves that it was not at fault.


Article 5 (Suspension of Services)

1. The Mall may temporarily suspend the Services due to maintenance, inspection, replacement or malfunction of information and communications equipment, interruption of communications, or similar circumstances.

2. The Mall shall compensate users or third parties for losses caused by a temporary suspension unless the Mall proves that it was not at fault.

3. If the Mall can no longer provide the Services because of a business conversion, closure, merger, or similar reason, it shall notify users in the manner described in Article 8 and compensate them in accordance with the conditions previously announced. If no compensation standard was announced, unused points or credits shall be compensated in cash or goods of equivalent value where applicable.


Article 6 (Membership Registration)

1. A user may apply for membership by completing the registration form and indicating agreement to these Terms.

2. The Mall shall register the applicant unless:

a. The applicant previously lost membership under Article 7. However, the Mall may approve re-registration after three years;
b. The application contains false, missing, or incorrect information; or
c. Registration would cause a material technical difficulty for the Mall.

3. Membership is formed when the Mall’s approval reaches the applicant.

4. A member shall update registered information within a reasonable time after any change.


Article 7 (Withdrawal from Membership and Loss of Membership)

1. A member may request withdrawal at any time, and the Mall shall process the request without delay.

2. The Mall may restrict or suspend membership if the member:

a. Provided false information during registration;
b. Failed to pay an amount owed in connection with use of the Mall;
c. Interfered with another person’s use of the Mall or misused another person’s information;
d. Used the Mall in violation of law, these Terms, or public order and morals.

3. If the same conduct is repeated at least twice or is not corrected within thirty days after restriction or suspension, the Mall may terminate the membership.

4. Before terminating membership, the Mall shall notify the member and provide at least thirty days to submit an explanation.


Article 8 (Notices to Members)

1. The Mall may send notices to the email address designated by the member.

2. For notices to an unspecified number of members, the Mall may post the notice on the Mall for at least one week instead of giving individual notice. Matters materially affecting an individual member’s transaction shall be communicated individually.


Article 9 (Purchase Application and Personal Data)

1. The Mall shall provide an understandable purchase process that includes:

a. Searching for and selecting Goods;
b. Entering the recipient’s name, address, telephone number, email address, or mobile number;
c. Reviewing these Terms, withdrawal restrictions, shipping charges, and other costs;
d. Agreeing to these Terms and confirming the important information;
e. Submitting and confirming the purchase application; and
f. Selecting a payment method.

2. If personal data must be provided to a third party, the Mall shall disclose the recipient, purpose, data items, and retention period and obtain consent when required by law.

3. If the Mall entrusts personal data processing to a service provider, the Mall shall disclose the processor and processing activities in its Privacy Policy and take the measures required under applicable law.


Article 10 (Formation of Contract)

1. The Mall may reject a purchase application if:

a. It contains false, missing, or incorrect information;
b. A minor attempts to purchase Goods prohibited for minors; or
c. Acceptance would cause a material technical or operational difficulty.

When entering into a contract with a minor, the Mall shall inform the minor that the contract may be cancelled by the minor or legal representative if legal-representative consent was required but not obtained.

2. A purchase contract is formed when the Mall’s acceptance reaches the user in the form of an order confirmation under Article 12.

3. The acceptance shall include confirmation of the order, availability, and instructions for correcting or cancelling the order.


Article 11 (Payment Methods)

Payment may be made using a method actually offered at checkout, including Eximbay Global, an international credit or debit card, PayPal, or another electronic payment method made available by the Mall.

The Mall shall not add a separate fee to the price merely because the user selects a particular payment method, except where a charge is expressly permitted by applicable law and clearly disclosed before payment.


Article 12 (Order Confirmation, Changes, and Cancellation)

1. The Mall shall issue an order confirmation after receiving a purchase application.

2. A user who discovers an error may request correction or cancellation immediately after receiving the confirmation. If the request is received before shipment, the Mall shall process it without delay. After payment or shipment, Articles 15 and 16 and the Refund Policy apply.


Article 13 (Supply and Delivery of Goods)

1. Unless otherwise agreed, the Mall shall take the steps necessary to prepare and ship the Goods within seven days after the order. If the Mall has already received all or part of the payment, it shall take the necessary steps within three business days after receipt of payment, subject to any pre-order or made-to-order schedule clearly disclosed before purchase.

2. The Mall shall disclose the delivery method, responsible party for shipping costs, and expected delivery period. If the Mall exceeds the agreed delivery period, it shall compensate the user for resulting loss unless the Mall proves that it was not at fault.

3. International delivery periods may be affected by customs clearance, destination-country procedures, local carriers, weather, and other circumstances outside the Mall’s reasonable control. The Mall shall provide available tracking or status information.


Article 14 (Refund for Unavailable Goods)

If ordered Goods cannot be supplied because they are out of stock or for another reason, the Mall shall notify the user without delay. If payment was received in advance, the Mall shall issue a refund or take the necessary refund steps within three business days after receiving payment.


Article 15 (Withdrawal and Returns)

1. A consumer may withdraw from a purchase within seven days after receiving the written contract information. If delivery occurs later, the period begins when the Goods are received or supply begins, subject to any longer or additional right provided by applicable law.

2. Withdrawal may be restricted where:

a. The Goods were lost or damaged for a reason attributable to the consumer, except where packaging was opened only to inspect the Goods;
b. The value of the Goods materially decreased through use or partial consumption;
c. The value materially decreased over time so that resale is substantially difficult;
d. The packaging of reproducible Goods was damaged;
e. A service or digital content supply began, except for an unprovided divisible portion; or
f. Goods were individually produced to the consumer’s specifications, withdrawal would cause irrecoverable material loss to the Mall, and the Mall provided prior written notice and obtained separate consent as required by law.

3. A restriction shall not apply where the Mall failed to clearly disclose the restriction or take another measure required by applicable law.

4. If the Goods differ from their description or advertising or are supplied inconsistently with the contract, the consumer may withdraw within three months after receipt and within thirty days after discovering or reasonably being able to discover the inconsistency.

5. Mandatory consumer rights under the law of the consumer’s country or region continue to apply where they cannot legally be waived.


Article 16 (Effects of Withdrawal)

1. For returned Goods, the Mall shall refund the amount paid within three business days after receiving the returned Goods. For services, digital content, or Goods not yet supplied, the refund period begins on the date specified by applicable law.

2. If payment was made by card, PayPal, or another electronic method, the Mall shall promptly request the relevant payment provider to cancel or suspend the charge.

3. For a change-of-mind return, the consumer bears the direct return cost unless the Mall states otherwise. The Mall shall not charge a penalty solely because the consumer exercised a lawful withdrawal right.

4. If the Goods were defective, incorrectly delivered, or inconsistent with the description or contract, the Mall bears the reasonable return cost.

5. Duties, taxes, customs charges, and international shipping costs shall be handled according to the Refund Policy, applicable law, and the rules of the relevant customs or payment authority.


Article 17 (Protection of Personal Data)

1. The Mall processes only the minimum personal data necessary to provide the Services.

2. The Mall does not require information unnecessary for membership or purchase unless it is needed to comply with law or perform the contract.

3. The Mall informs users of the purposes, data items, and retention periods and obtains consent where required.

4. The Mall does not use personal data for unrelated purposes or provide it to a third party without a lawful basis.

5. Users may exercise rights of access, correction, deletion, suspension, withdrawal of consent, and account deletion in accordance with applicable law.

6. The Mall takes reasonable administrative, technical, and physical safeguards to protect personal data.

7. Personal data is deleted when no longer necessary, except where retention is required by law.

8. Further details are provided in the BREAK SILENCE Privacy Policy.


Article 18 (Obligations of the Mall)

1. The Mall shall not engage in conduct prohibited by law, these Terms, or public order and shall use reasonable efforts to provide Goods and Services continuously and securely.

2. The Mall shall maintain appropriate security measures to protect users’ personal and payment-related information.

3. If a user suffers damage because of unlawful or misleading advertising attributable to the Mall, the Mall shall be responsible in accordance with applicable law.

4. The Mall shall not send commercial marketing messages to users who have not consented or who have opted out.


Article 19 (Member Email and Password)

1. Members are responsible for managing their email-based account and password.

2. Members shall not allow a third party to use their account.

3. A member who becomes aware of unauthorized use shall immediately notify the Mall and follow reasonable security instructions.


Article 20 (User Obligations)

Users shall not:

a. Submit false information;
b. Misuse another person’s information;
c. Alter information posted by the Mall without authorization;
d. Transmit unauthorized programs, code, or data;
e. Infringe intellectual property or other rights of the Mall or a third party;
f. Damage another person’s reputation or interfere with business operations; or
g. Post unlawful, obscene, violent, or otherwise harmful content.


Article 21 (Linked Websites)

1. If the Mall links to an independently operated website, the Mall is the linking website and the other website is the linked website.

2. If the Mall clearly states that it does not guarantee transactions independently conducted by the linked website, the Mall is not responsible for those transactions except to the extent otherwise required by law.


Article 22 (Copyright and Restrictions on Use)

1. Copyright and other intellectual property rights in content created by the Mall belong to the Mall.

2. Users shall not reproduce, transmit, publish, distribute, broadcast, commercially exploit, or allow a third party to use protected content without prior permission.

3. If the Mall uses a work whose copyright belongs to a user under an agreement, it shall notify the user as appropriate.


Article 23 (Dispute Resolution)

1. The Mall shall maintain a customer-support process for legitimate complaints and compensation requests.

2. The Mall shall address complaints promptly. If immediate resolution is difficult, it shall inform the user of the reason and expected schedule.

3. Electronic-commerce disputes may be submitted to a consumer dispute mediation body requested or recognized by the Korea Fair Trade Commission, a local government, or another competent authority.


Article 24 (Governing Law and Jurisdiction)

1. Litigation concerning an electronic-commerce dispute shall be brought before a court with jurisdiction under the applicable civil procedure laws. Nothing in this Article deprives a consumer of a mandatory right to bring a claim in another competent forum where applicable law grants that right.

2. These Terms are governed by the laws of the Republic of Korea, without excluding mandatory consumer protections that apply in the consumer’s country or region.


Supplementary Provision

These Terms take effect on July 31, 2026.