Chapter II Consumer Contracts
第二章 消費者契約
Section 1 Rescinding the Manifestation of an Intention to Be Bound by the Offer of a Consumer Contract or by the Acceptance of Such an Offer
第一節 消費者契約の申込み又はその承諾の意思表示の取消し
第四条（消費者契約の申込み又はその承諾の意思表示の取消し）
A consumer may rescind the manifestation of an intention to be bound by the offer of a consumer contract or by the acceptance of such an offer if either of the acts set forth in the following items taken by the trader in soliciting the consumer to enter into the consumer contract caused the consumer to be under the mistaken belief prescribed in the items, and manifested the intention to be bound by the offer of that consumer contract or by the acceptance of such an offer:
conveying something that diverges from the truth with regard to an important matter:a mistaken belief that what has been conveyed is true;
重要事項について事実と異なることを告げること。 当該告げられた内容が事実であるとの誤認
providing a conclusive assessment of future prices, amount of money that a consumer will receive in the future, or any other matters whose changes in the future is uncertain, in connection with goods, rights, services or other things for the purpose of a consumer contract:a mistaken belief that the content of the conclusive assessment provided is certain.
A consumer may rescind the manifestation of an intention to be bound by the offer of a consumer contract or by the acceptance of such an offer if a trader in soliciting the consumer to enter into the contract, conveys to the consumer that an important matter or matters related to the important matter would be advantageous to the consumer, and also fails to convey a fact regarding that important matter that would be disadvantageous to the consumer intentionally or with gross negligence, (limited to a fact that a consumer would normally think to be non-existent based on what has been conveyed), causing the consumer to mistakenly believe that the fact in question does not exist, and therefore the consumer has manifested the intention to be bound by the offer of the consumer contract or by the acceptance of the offer; provided, however, that this does not apply if the trader has attempted to convey the relevant fact to the consumer and the consumer has rejected the attempt.
A consumer may rescind the manifestation of an intention to be bound by the offer of a consumer contract or by the acceptance of such an offer if the consumer manifested that intention as a result of being overwhelmed by any of the following acts taken by the trader in soliciting the consumer to enter into the consumer contract:
preventing a consumer from leaving the place where the trader is soliciting the consumer to enter into the consumer contract, in spite of the consumer's request to leave.
moving to a place together with the consumer and soliciting to enter into the consumer contract in that place while knowing that it is difficult for the consumer to voluntarily leave that place without informing the consumer that they are soliciting to enter into the consumer contract;
in spite of the consumer expressing an intent to contact a person other than the trader by telephone or other means specified by Cabinet Office Order in order to have a consultation on whether or not to enter into the contract, using intimidating words and deeds and preventing the consumer from making said contact in a place where the consumer is being solicited to enter into the consumer contract;
while knowing that a consumer who has little social life experience is overly worried about fulfilling the aspirations regarding the following matters, the trader prompts fears of the consumers and conveys that the goods, rights, services and any other things for the purpose of the consumer contracts are necessary to fulfill the consumer's aspirations although there are no reasonable grounds or rational basis supporting that necessity, in matters such as:
education, employment, marriage, livelihood and other important matters of social life;
進学、就職、結婚、生計その他の社会生活上の重要な事項
physical appearance, body type and other important matters related to physical characteristics or conditions;
容姿、体型その他の身体の特徴又は状況に関する重要な事項
a consumer who has little social life experience develops romantic feelings or other favorable feelings toward a trader who solicits consumer contracts and knowing that the consumer may mistakenly believe that the trader has romantic or favorable feelings toward the consumer, the trader takes advantage of this situation, conveys to the consumer that the relationship between them will break down unless the consumer enters into the contract;
while knowing that a consumer is overly worried about maintaining their current life with respect to livelihoods, health and other matters because their decision-making capacity is extremely low due to aging or mental and physical disorders, the trader takes advantage of the situation, prompts their fears and although there are no reasonable grounds for supporting solicitation nor any other rational basis, the trader states that it will be difficult for the consumer to maintain their current life unless the consumer enters into the contract;
the trader indicates to the consumer, in order to fuel their fear, that supernatural senses or other special abilities that are difficult to reasonably verify have shown that it would be impossible to avoid a serious disadvantage that could happen in the present or future to the life, person, property, or other important matter of the consumer or a relative of the consumer unless the consumer takes certain measures, or takes advantage of the fact that the consumer holds such fear, and informs the consumer that entering into the consumer contract is indispensable for avoiding those serious disadvantages;
before a consumer makes a manifestation of intention of an offer for a consumer contract or acceptance of such an offer, the trader implements, in whole or in part, the obligations that are supposed to be fulfilled when the consumer enters into the contract, or changes the state of the subject matter of the consumer contract, thus making it extremely difficult to restore the situation to the original status before the implementation or change;
in addition to what is provided for in the preceding item, when the trader performs investigations, provides information, procures goods, or performs other business activities aiming at concluding a consumer contract before the consumer makes a manifestation of intention of an offer for a consumer contract or acceptance of such an offer, tells the consumer that the business activities have been performed in particular for the consumer, and also requests compensation for losses caused by the implementation of those business activities despite the fact that there was no special request from the consumer for those business activities, nor any reasonable grounds in light of other business social norms.
A consumer may rescind the manifestation of an intention to be bound by the offer of a consumer contract or by the acceptance of such an offer if the trader knew in soliciting the consumer to enter into the consumer contract, that the quantity, the frequency, or the duration (hereinafter referred to in this paragraph as a "quantity, frequency, or duration") of the goods, rights, services or other things for the purpose of the consumer contract greatly exceeded the normal quantity, frequency, or duration for a consumer (meaning the quantity, frequency, or duration that would normally be presumed to be that of the purpose of such a consumer contract in light of the transaction conditions and the content of the purpose of the contract, the consumer's situation in life at the time of the trader's solicitation to enter into the contract, and the consumer's awareness of this; hereinafter the same applies in this paragraph), and if the consumer manifested the intention to be bound based on that solicitation. The same applies if a trader knew in soliciting a consumer to enter into a consumer contract, that the consumer had already entered into another consumer contract whose purpose was of the same type as the purpose of the consumer contract the trader was soliciting (hereinafter referred to in this paragraph as the "contract of the same type") and the total quantity, frequency, or duration of the purpose of the contract of the same type and that of the consumer contract in question greatly exceeds the normal quantity, frequency, or duration for a consumer, and the consumer manifested the intention to be bound based on that solicitation.
消費者は、事業者が消費者契約の締結について勧誘をするに際し、物品、権利、役務その他の当該消費者契約の目的となるものの分量、回数又は期間（以下この項において「分量等」という。）が当該消費者にとっての通常の分量等（消費者契約の目的となるものの内容及び取引条件並びに事業者がその締結について勧誘をする際の消費者の生活の状況及びこれについての当該消費者の認識に照らして当該消費者契約の目的となるものの分量等として通常想定される分量等をいう。以下この項において同じ。）を著しく超えるものであることを知っていた場合において、その勧誘により当該消費者契約の申込み又はその承諾の意思表示をしたときは、これを取り消すことができる。事業者が消費者契約の締結について勧誘をするに際し、消費者が既に当該消費者契約の目的となるものと同種のものを目的とする消費者契約（以下この項において「同種契約」という。）を締結し、当該同種契約の目的となるものの分量等と当該消費者契約の目的となるものの分量等とを合算した分量等が当該消費者にとっての通常の分量等を著しく超えるものであることを知っていた場合において、その勧誘により当該消費者契約の申込み又はその承諾の意思表示をしたときも、同様とする。
The term "important matter" as used in paragraph (1), item (i) and paragraph (2) means the following matters (excluding the matters set forth in item (iii) below, in the case provided for in paragraph (2)) regarding a consumer contract:
the quality, purpose of use, and other details of the goods, rights, services, or other things for the purpose of the consumer contract which would normally influence a consumer's decision as to whether to enter into that contract;
the price and other conditions of a transaction involving the goods, rights, services, or other things for the purpose of the consumer contract which would normally influence a consumer's decision as to whether to enter into that contract;
circumstances beyond what are provided for in the preceding two items, in which the goods, rights, services, or other things for the purpose of the consumer contract is generally determined to be necessary in order to avoid damage or risk to the consumer's life, person, property, or other important benefits.
The rescission of the manifestation of an intention to be bound by the offer of a consumer contract or by the acceptance of such an offer as provided under paragraphs (1) through (4) may not be asserted against a third party in good faith and without negligence.
第一項から第四項までの規定による消費者契約の申込み又はその承諾の意思表示の取消しは、これをもって善意でかつ過失がない第三者に対抗することができない。
Article 5Third Parties and Agents Entrusted as Intermediaries
第五条（媒介の委託を受けた第三者及び代理人）
The provisions of the preceding Article apply mutatis mutandis if a trader entrusts a third party to act as an intermediary in concluding a consumer contract between the trader and a consumer (referred to simply as "entrustment" for purposes of this paragraph), and the third party (including a person entrusted by a third party (including further entrustment at the second or higher degree of separation from the original entrustment); hereinafter referred to as a "directly or indirectly entrusted party") conducts acts in any of the ways provided for in paragraphs (1) through (4) of the preceding Article toward the consumer. In this case, the term "trader" in the proviso to paragraph (2) of the preceding Article is deemed to be replaced with the "trader or a directly or indirectly entrusted party provided for in paragraph (1) of the following Article."
An agent of the consumer (including a subagent (including any person appointed as a subagent at the second or higher degree of separation from the original agent); the same applies hereinafter), trader, or directly or indirectly entrusted party involved in the conclusion of a consumer contract is deemed to be the consumer, trader, or directly or indirectly entrusted party in relation to the application of paragraphs (1) through (4) of the preceding Article (including as applied mutatis mutandis pursuant to the preceding paragraph; the same applies to Articles from the following Article to Article 7).
Article 6Interpretative Provisions
第六条（解釈規定）
The provisions of Article 4, paragraphs (1) through (4) must not be interpreted as precluding the application of Article 96 of the Civil Codeto the manifestation of an intention to be bound by the offer of a consumer contract or by the acceptance of such an offer falling under these paragraphs.
第四条第一項から第四項までの規定は、これらの項に規定する消費者契約の申込み又はその承諾の意思表示に対する民法第九十六条の規定の適用を妨げるものと解してはならない。
Article 6-2Refund Obligation of a Consumer Exercising the Rescission Right
第六条の二（取消権を行使した消費者の返還義務）
Notwithstanding the provisions of Article 121-2, paragraph (1) of the Civil Code, a consumer who has received payment in performance of an obligation under a consumer contract is obliged to refund the payment to the extent actually enriched by the consumer contract, if the consumer has rescinded the manifestation of an intention to be bound by the offer of a consumer contract or by the acceptance of such an offer pursuant to the provisions of Article 4, paragraphs (1) through (4), and if, at the time of receiving the payment, the consumer did not know that the manifestation of the intention to be bound was rescindable.
民法第百二十一条の二第一項の規定にかかわらず、消費者契約に基づく債務の履行として給付を受けた消費者は、第四条第一項から第四項までの規定により当該消費者契約の申込み又はその承諾の意思表示を取り消した場合において、給付を受けた当時その意思表示が取り消すことができるものであることを知らなかったときは、当該消費者契約によって現に利益を受けている限度において、返還の義務を負う。
Article 7Period for Exercising the Rescission Right
第七条（取消権の行使期間等）
The rescission right under Article 4, paragraphs (1) through (4) lapses by prescription if it is not exercised within one year (for the rescission right set forth in paragraph (3), item (viii) of the same article, three years) from the time that ratification becomes possible. The same applies when five years (for the rescission right set forth in the same item, ten years) have elapsed since the conclusion of a consumer contract.
第四条第一項から第四項までの規定による取消権は、追認をすることができる時から一年間（同条第三項第八号に係る取消権については、三年間）行わないときは、時効によって消滅する。当該消費者契約の締結の時から五年（同号に係る取消権については、十年）を経過したときも、同様とする。
If a subscription for shares or equity or a contribution of funds that the Companies Act (Act No. 86 of 2005) or any other law establishes may not be rescinded on the grounds of fraud or duress is undertaken as a consumer contract, the consumer may not rescind the manifestation of an intention to be bound by the subscription for shares or equity or by the contribution of funds, pursuant to Article 4, paragraphs (1) through (4).
会社法（平成十七年法律第八十六号）その他の法律により詐欺又は強迫を理由として取消しをすることができないものとされている株式若しくは出資の引受け又は基金の拠出が消費者契約としてされた場合には、当該株式若しくは出資の引受け又は基金の拠出に係る意思表示については、第四条第一項から第四項までの規定によりその取消しをすることができない。
Section 2 Nullity of Consumer Contract Clauses
第二節 消費者契約の条項の無効
Article 8Nullity of Clauses Exempting a Trader from Liability for Damages
第八条（事業者の損害賠償の責任を免除する条項等の無効）
The following consumer contract clauses are void:
次に掲げる消費者契約の条項は、無効とする。
clauses partially exempting a trader from liability to compensate for damages arising from default by the trader, or granting authority to the trader to determine to what extent the trader is responsible (limited to default which arises due to an intentional act or gross negligence on the part of the trader, the trader's representative, or employees);
clauses completely exempting a trader from liability to compensate for damages to a consumer arising from a tort committed by the trader during the trader's performance of the consumer contract, or granting authority to the trader to determine whether or not the trader is responsible therefor;
clauses partially exempting a trader from liability to compensate for damages to a consumer arising from a tort committed by the trader (limited to cases in which this arises due to an intentional act or gross negligence on the part of the trader, the trader's representative, or employees) during the trader's performance of the consumer contract, or granting authority to the trader to determine to what extent the trader is responsible.
Regarding the clauses set forth in item (i) or item (ii) of the preceding paragraph, when the consumer contract is a contract for value and the delivered subject matter does not conform to the content in the contract with respect to type or quality, (in the case that the consumer contract is a service contract, and the contractor delivers subject matters that do not conform to the content in the contract with respect to type or quality to the party that ordered the work (if the work does not require delivery, when the subject matter does not conform to the content in the contract with respect to type or quality when the work is completed); hereinafter the same applies in this paragraph) in the event that the clauses exempt the liability of the trader for compensating damages caused to the consumer by this, or grant the authority to determine the presence of liability or limit the liability to the trader, and when they fall under the following cases, the provisions of the preceding paragraph do not apply:
前項第一号又は第二号に掲げる条項のうち、消費者契約が有償契約である場合において、引き渡された目的物が種類又は品質に関して契約の内容に適合しないとき（当該消費者契約が請負契約である場合には、請負人が種類又は品質に関して契約の内容に適合しない仕事の目的物を注文者に引き渡したとき（その引渡しを要しない場合には、仕事が終了した時に仕事の目的物が種類又は品質に関して契約の内容に適合しないとき。）。以下この項において同じ。）に、これにより消費者に生じた損害を賠償する事業者の責任を免除し、又は当該事業者にその責任の有無若しくは限度を決定する権限を付与するものについては、次に掲げる場合に該当するときは、前項の規定は、適用しない。
if the delivered subject matter does not conform to the content in the contract with respect to type or quality prescribed in the consumer contract, when it is stated in the contract that the trader is responsible for subsequent completion, or for reducing its price or offering remuneration depending on the level of nonconformity,
a previously or simultaneously concluded contract between the contracting consumer and another trader entrusted by the contracting trader, or a previously or simultaneously concluded contract made between the contracting trader and another trader for the benefit of the consumer stipulates that when the delivered subject matter does not conform to the contents of the contract with respect to type or quality, the other trader bears full or partial responsibilities for compensation for damage caused to the consumer due to the subject matter not conforming to the contents of the contract with respect to type or quality, or has responsibility for subsequent completion of the subject matter.
A consumer contract clause is void if it partially exempts a trader from liability to compensate for damages to a consumer arising from the default of the trader (excluding those that arise due to an intentional act or gross negligence on the part of the trader, the trader's representative, or employees) or a tort committed by the trader (excluding those that arise due to an intentional act or gross negligence on the part of the trader, the trader's representative, or employees) during the trader's performance of the consumer contract and does not clarify that only actions that arise due to a default excluding defaults that arise due to an intentional act or gross negligence on the part of the trader, the trader's representative, or employees are applicable.
Article 8-2Nullity of Clauses That Force Consumers to Waive Their Cancellation Right
第八条の二（消費者の解除権を放棄させる条項等の無効）
第八条の三（事業者に対し後見開始の審判等による解除権を付与する条項の無効）
The clauses in a consumer contract that grant a trader the cancellation right solely because the consumer has received a decision for the commencement of guardianship, curatorship, or assistance are void (excluding those in which the consumer is obliged to provide goods, rights, services, or any other things for the purpose of the consumer contract).
Article 9Nullity, etc. of Clauses Stipulating the Amount of Damages to Be Paid by a Consumer
第九条（消費者が支払う損害賠償の額を予定する条項等の無効等）
The following consumer contract clauses are void to the extent provided for in each item:
次の各号に掲げる消費者契約の条項は、当該各号に定める部分について、無効とする。
clauses stipulating liquidated damages or a fixed penalty for contract cancellation in a total amount that exceeds the average amount of damages that the trader would incur from the cancellation of a consumer contract of the same type, as a function of the categories of circumstances established in those clauses such as the reason for or timing of the cancellation:the part of the stipulated damages or penalty that exceeds the average amount that would be incurred;
clauses stipulating liquidated damages or a fixed penalty if the customer fails to pay all or part of an amount of money under the contract by the due date for payment (or by each due date for payment, if there are two or more payments; hereinafter the same applies in this item), in a total amount that exceeds the amount arrived at when the amount owing on the due date with the part of the amount that has actually been paid deducted as of the due date is multiplied by 14.6% per annum, based on the number of days in the period from the day after the due date for payment until the day on which the money is paid:the part of the stipulated damages or penalty exceeding the amount so calculated.
In the case that a trader claims damages for compensation or demands the payment of a penalty for breach of contract from a consumer based on a clause stipulating damages or fixed penalties for contract cancellation, if the consumer requests an explanation, the trader must endeavor to explain an outline of the grounds the estimation of the amount of damages or the calculation of the penalty.
Article 10Nullity of Clauses Unilaterally Prejudicial to Consumers' Interests
第十条（消費者の利益を一方的に害する条項の無効）
A consumer contract clause is void if it deems a consumer's nonfeasance to manifest an intention to be bound by the offer of a consumer contract or by the acceptance of such an offer, or if it otherwise restricts a consumer's rights or expands a consumer's obligations as compared to when legal or regulatory provisions unrelated to public order are applied, unilaterally prejudicing the interests of the consumer in violation of the fundamental principle provided in Article 1, paragraph (2) of the Civil Code.
Section 3 Auxiliary Provisions
第三節 補則
Article 11Application of Other Laws
第十一条（他の法律の適用）
Beyond what is provided for in this Act, the rescission of the manifestation of an intention to be bound by the offer of a consumer contract or by the acceptance of such an offer and the validity of the clauses in a consumer contract are governed by the Civil Code and the Commercial Code (Act No. 48 of 1899).
消費者契約の申込み又はその承諾の意思表示の取消し及び消費者契約の条項の効力については、この法律の規定によるほか、民法及び商法（明治三十二年法律第四十八号）の規定による。
If a law or regulation other than the Civil Code and the Commercial Code specifically provides for the rescission of the manifestation of an intention to be bound by the offer of a consumer contract or by the acceptance of such an offer and the validity of the clauses in a consumer contract, that law or regulation supersedes this Act.
消費者契約の申込み又はその承諾の意思表示の取消し及び消費者契約の条項の効力について民法及び商法以外の他の法律に別段の定めがあるときは、その定めるところによる。