Specified Commercial Transactions

Specified Commercial Transactions Law

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Section 3 Mail Order Sales

(Advertisement of Mail Order Sales)

Article 11 When a seller or Service Provider advertises terms and conditions under which he/she sells goods or Designated Rights or provides services through Mail Order Sales, the seller or Service Provider shall indicate the following information concerning said goods, rights, or services in the advertisement pursuant to the provisions of ordinance of the competent ministry; provided, however, that the seller or Service Provider is permitted not to indicate a portion of this information, pursuant to the provisions of ordinance of the competent ministry, if he/she indicates in the advertisement that upon request, he/she will deliver a document or provide electromagnetic records (meaning records created in electronic form, magnetic form, or any other form not recognizable by human perception, which is used in information processing by computers) containing the information without delay:

the selling price of the goods or rights or the consideration for the services 11 (where shipping charges for goods are not included in the selling price, this means the selling price and the shipping charges for the goods);
the timing of payment and means of paying the charges for the goods or rights or the consideration for the services;
the time at which the goods will be delivered, the time at which the rights will be transferred, or the time at which the services will be provided;
information concerning the withdrawal of an offer for a sales contract for the goods or Designated Rights or cancellation of such a sales contract (where the special provisions as provided for in the proviso to Article 15-2, paragraph (1) are in existence, such information includes the contents of those special provisions); and
in addition to what is set forth in the preceding items, any other information specified by Ordinance of the Ministry of Economy, Trade and Industry.

(Prohibition of Misleading Advertising, etc.)

Article 12 When a seller or a Service Provider advertises the terms and conditions under which he/she sells goods or Designated Rights or provides services through Mail Order Sales, he/she shall make no representation about the performance of the goods or the contents of the rights or services, information on the withdrawal of an offer for a sales contract for the goods or Designated Rights or cancellation of such a sales contract (where special provisions as provided for in the proviso to Article 15-2, paragraph (1) are in existence, such information includes the contents of those special provisions), or any other information specified by ordinance of the competent ministry with respect to Mail Order Sales, that differs vastly from the truth or misleads people into believing that it is vastly better or more advantageous than it is in reality.

(Submission of Materials Showing Reasonable Grounds)

Article 12-2 When the competent minister finds it necessary for determining whether a seller's or Service Provider's representation falls under the category of representations provided for in the preceding Article, he/she may require the seller or Service Provider who made that representation to submit materials showing reasonable grounds to support it within a specified period. With regard to the application of the provisions of Article 14, paragraph (1) and Article 15, paragraph (1) in such a case, when the seller or Service Provider has failed to submit the relevant materials, the representation is deemed to fall under the category of representations provided for in the preceding Article.

(Prohibition, etc. on Sending E-mail Advertising to a Person Who Has Not Given His/Her Consent)

Article 12-3

(1) Except in the following cases, neither a seller nor a Service Provider shall advertise via e-mail (meaning advertising by sending advertising text or any other information by an electromagnetic means (meaning a means that makes use of an electronic data processing system or any other means that makes use of information and communications technology, which is specified by ordinance of the competent ministry; the same applies hereinafter) so that such information will be displayed on the screen of the computer used by the advertising target; the same applies hereinafter) with regard to the terms and conditions under which he/she sells goods or Designated Rights or provides services through Mail Order Sales, without the consent of the advertising target:

when sending e-mail advertising regarding to the terms and conditions under which the seller or Service Provider sells goods or Designated Rights or provides services through Mail Order Sales (hereinafter referred to as "Email That Advertises Mail Order Sales" in this Section) at the request of the advertising target;
when sending E-mail That Advertises Mail Order Sales pursuant to the provisions of ordinance of the competent ministry while notifying a person who has offered a sales contract for goods or Designated Goods sold by the seller or a Service Contract for services provided by the Service Provider or a person who has concluded such a sales contract or Service Contract, of information concerning the contents of the offer or contract or the performance of the contract using a method specified by ordinance of the competent ministry; or
in addition to what is provided in the preceding two items, when sending E-mail That Advertises Mail Order Sales in the cases specified by ordinance of the competent ministry as cases that are found to be unlikely to prejudice the interests of the target of the E-mail That Advertises Mail Order Sales.

(2) No seller or Service Provider who has obtained the consent prescribed in the preceding paragraph or who has received the request prescribed in item (i) of the same paragraph shall send E-mail That Advertises Mail Order Sales to an advertising target if the target of the E-mail That Advertises Mail Order Sales indicates that he/she is not willing to receive E-mail That Advertises Mail Order Sales; provided, however, that this does not apply where the seller or Service Provider has later received another request from the advertising target or has regained the consent of the advertising target to send E-mail That Advertises Mail Order Sales.

(3) When sending E-mail That Advertises Mail Order Sales, a seller or Service Provider shall, except in the case set forth in paragraph (1), item (ii) or (iii), prepare all that is specified by ordinance of the competent ministry as a record of having obtained the consent of the advertising target or having received a request from the advertising target to send E-mail That Advertises Mail Order Sales, and shall preserve such records pursuant to the provisions of ordinance of the competent ministry.

(4) When sending E-mail That Advertises Mail Order Sales, a seller or Service Provider shall, except in the case set forth in paragraph (1), item (ii) or (iii), indicate in its E-mail That Advertises Mail Order Sales, pursuant to the provisions of ordinance of the competent ministry, information that is specified by ordinance of the competent ministry as the information that is necessary in order for the advertising target to indicate that he/she is not willing to receive E-mail That Advertises Mail Order Sales, in addition to the information listed in the items of Article 11.

(5) When a seller or Service Provider has collectively entrusted all of the following business activities to another person, the provisions of the preceding two paragraphs do not apply to any E-mail That Advertises Mail Order Sales under that entrustment:

(i) business activities for obtaining the consent of advertising targets or receiving requests from advertising targets to send E-mail That Advertises Mail Order Sales;

(ii) business activities for preparing and preserving the records prescribed in paragraph (3); and

business activities for indicating the information that is necessary in order for the advertising target to indicate that he/she is not willing to receive Email That Advertises Mail Order Sales, as prescribed in the preceding paragraph.

Article 12-4

(1) Except in the following cases, a party to whom all of the business activities listed in the items of paragraph (5) of the preceding Article have been collectively entrusted by a seller or Service Provider (such a party is hereinafter referred to as a "Business Operator Entrusted with E-mail That Advertises Mail Order Sales" in this Section) shall not send E-mail That Advertises Mail Order Sales with regard to terms and conditions under which the seller or the Service Provider who has entrusted said business activities (hereinafter referred to as the "Party Entrusting E-mail That Advertises Mail Order Sales" in this Section and Article 66, paragraphs (4) and (6)) sells goods or Designated Rights or provides services through Mail Order Sales, without the consent of the advertising target:

(i) when sending E-mail That Advertises the Mail Order Sales of a Party Entrusting E-mail That Advertises Mail Order Sales at the request of the advertising target; and

(ii) in addition to what is provided in the preceding item, when sending E-mail, That Advertises the Mail Order Sales of a Party Entrusting E-mail That Advertises Mail Order Sales in cases specified by ordinance of the competent ministry as cases that are found to be unlikely to prejudice the interests of the target of the E-mail That Advertises the Mail Order Sales of a Party Entrusting E-mail That Advertises Mail Order Sales.

(2) The provisions of paragraphs (2) through (4) of the preceding Article apply mutatis mutandis to E-mail That Advertises the Mail Order Sales of a Party Entrusting E-mail That Advertises Mail Order Sales by a Business Operator Entrusted with E-mail That Advertises Mail Order Sales. Where this is the case, the phrase "paragraph (1), item (ii) or (iii)" in paragraphs (3) and (4) of the preceding Article is deemed to be replaced with "paragraph (1), item (ii) of the following Article."

(Notification of Acceptance, etc. in Mail Order Sales)

Article 13

(1) Where a seller or Service Provider engages in Mail Order Sales in which he/she receives the charges for goods or rights or the consideration for services in whole or in part prior to the delivery of the goods, the transfer of the rights, or the provision of the services from a person who has offered a sales contract for goods or Designated Rights or a Service Contract for services, when the seller or Service Provider receives an offer for a sales contract for goods or rights or a Service Contract for services by Postal Mail, etc. and receives the charges for the goods or rights or the consideration for the services in whole or in part, he/she shall notify the person who made the offer in writing of his/her acceptance or non-acceptance of the offer (if he/she notified the person who made the offer of his/her acceptance or non-acceptance before receiving such charges or consideration, he/she shall send the person a notice to that effect) and of any other information specified by ordinance of the competent ministry without delay, pursuant to the provisions of ordinance of the competent ministry; provided, however, that this does not apply when the seller or Service Provider has sent the goods, transferred the rights, or provided the services without delay after receiving the charges for the goods or rights or the consideration for the services in whole or in part.

(2) In place of the notification in writing under the provisions of the main clause of the preceding paragraph, a seller or Service Provider may provide the information of which he/she is to send notice by an electromagnetic means or any other means specified by ordinance of the competent ministry, after gaining the consent of the person who made the offer, pursuant to a Cabinet Order. Where such is the case, the seller or the Service Provider is deemed to have made the notification in writing.

(Instruction)

Article 14

(1) Where a seller or Service Provider has violated any of the provisions of Article 11, 12, or 12-3 (excluding paragraph (5)), or Article 13, paragraph (1) or has engaged in any of the following conduct, if the competent minister finds that the conduct is likely to prejudice the fairness of a transaction arising from Mail Order Sales and the interests of the purchaser or the service recipient, he/she may instruct the seller or the Service Provider to take any necessary measures:

(i) refusing to perform or unjustly delaying the performance of the obligations under a sales contract or Service Contract for Mail Order Sales or the obligations that arise through the cancellation of a sales contract or Service Contract arising from Mail Order Sales in whole or in part;

(ii) that which is specified by ordinance of the competent ministry as conduct through which the relevant person sought to cause a customer to offer a sales contract or a Service Contract during Mail Order Sales against his/her will; and

(iii) in addition to what is set forth in the preceding two items, conduct connected with Mail Order Sales that is specified by ordinance of the competent ministry as being likely to prejudice the fairness of a transaction arising from Mail Order Sales and the interests of the purchaser or the service recipient.

(i) that which is specified by ordinance of the competent ministry as conduct through which the relevant person sought to cause a customer to offer the Party Entrusting E-mail That Advertises Mail Order Sales a sales contract or Service Contract during Mail Order Sales against his/her will; and

(ii) in addition to what is set forth in the preceding item, conduct connected with Mail Order Sales that is specified by ordinance of the competent ministry as being likely to prejudice the fairness of a transaction arising from Mail Order Sales and the interests of the purchaser or the service recipient.

(Suspension of Business, etc.)

Article 15

(1) Where a seller or a Service Provider has violated any of the provisions of Article 11, 12, or 12-3 (excluding paragraph (5)), or Article 13, paragraph (1) or has engaged in any of the conduct listed in the items of paragraph (1) of the preceding Article, if the competent minister finds that the conduct is likely to significantly prejudice the fairness of a transaction arising from Mail Order Sales and the interests of the purchaser or the service recipient, or if the seller or the Service Provider fails to follow the instructions under the provisions of the same paragraph, the competent minister may order the seller or the Service Provider to suspend those of his/her business activities that are connected with Mail Order Sales in whole or in part, during a specified period of no longer than one year.

(2) Where a Business Operator Entrusted with E-mail That Advertises Mail Order Sales has violated any of the provisions of Article 12-4, paragraph (1) or Article 12-3, paragraphs (2) through (4) as applied mutatis mutandis pursuant to Article 12-4, paragraph (2) or has engaged in any of the conduct listed in the items of paragraph (2) of the preceding Article, if the competent minister finds that the conduct is likely to significantly prejudice the fairness of a transaction arising from Mail Order Sales and the interests of the purchaser or the service recipient, or if a Business Operator Entrusted with E-mail That Advertises Mail Order Sales fails to follow the instructions under the provisions of the same paragraph, the competent minister may order the Business Operator Entrusted with E-mail That Advertises Mail Order Sales to suspend those of his/her business activities that are connected with E-mail That Advertises Mail Order Sales in whole or in part, during a specified period of no longer than one year.

(3) When the competent minister has issued an order pursuant to the provisions of paragraph (1) he/she shall issue a public announcement to that effect.

(4) When the competent minister has issued an order pursuant to the provisions of paragraph (2), he/she shall issue a public announcement to that effect.

(Cancellation, etc. of a Contract in Mail Order Sales)

Article 15-2

(1) Where a seller that has advertised terms and conditions for selling goods or Designated Rights through Mail Order Sales receives an offer for a sales contract for said goods or Designated Rights or concludes a sales contract for said goods or Designated Rights, the person who made the offer or the purchaser (simply referred to as the "Purchaser" in the following paragraph) may withdraw his/her offer for a sales contract or cancel the sales contract (hereinafter referred to as a "Withdrawal/Cancellation" in this Article) during the period up until eight days have passed since the date on which the Purchaser is delivered the goods or is transferred the rights; provided, however, that this does not apply when the seller had indicated special provisions on Withdrawal/Cancellation in its advertisement (where the sales contract is an electronic consumer contract prescribed in Article 2, paragraph (1) of the Act on Special Provisions to the Civil Code Concerning Electronic Consumer Contracts and Electronic Acceptance Notices (Act No. 95 of 2001) or in any other cases specified by ordinance of the competent ministry, this means when the seller had indicated special provisions in its advertisement and had also indicated such special provisions by a method other than an advertisement that is specified by ordinance of the competent ministry).

(2) When a Withdrawal/Cancellation is made, the Purchaser bears the costs required for taking back or returning any goods already delivered or any rights already transferred under the sales contract.

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Specified Commercial Transactions

Specified Commercial Transactions Law

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