Article 6Restriction on the Amount of Damages Accompanying the Cancellation of a Contract
第六条（契約の解除等に伴う損害賠償等の額の制限）
In the event that a contract under which designated goods or designated rights are sold or designated services are provided in a way that involves an installment sale as prescribed in Article 2, paragraph (1), item (i) is cancelled (excluding in a case as prescribed in paragraph (3) or (4)), even if the contract has provisions stating liquidated damages or the penalty for breach of contract, the installment seller may not demand that the purchaser or service recipient pay an amount of money that exceeds the total of the amount specified in the relevant of the following items for the case stated in that item plus the amount of delay damages for this based on the applicable statutory interest rate:
the goods or rights are returned:the ordinary usage fee for those goods or an amount that corresponds to the profit that can normally be earned through the exercise of those rights (if the amount that corresponds to the installment price of the goods or rights less the market value of the goods or rights at the time of their return, exceeds the ordinary usage fee or the amount that corresponds to the profit that can normally be earned through the exercise of those rights, that amount);
当該商品又は当該権利が返還された場合 当該商品の通常の使用料の額又は当該権利の行使により通常得られる利益に相当する額（当該商品又は当該権利の割賦販売価格に相当する額から当該商品又は当該権利の返還された時における価額を控除した額が通常の使用料の額又は当該権利の行使により通常得られる利益に相当する額を超えるときは、その額）
the goods or rights are not returned:the amount that corresponds to the installment price of the goods or rights;
当該商品又は当該権利が返還されない場合 当該商品又は当該権利の割賦販売価格に相当する額
the contract under which the goods or rights were to be sold or the contract under which the services were to be provided is cancelled before the goods start to be delivered, before the rights start to be transferred, or before the services start to be provided (excluding in the case stated in the following item):the amount of costs normally required for concluding and performing the contract;
当該商品又は当該権利を販売する契約又は当該役務を提供する契約の解除が当該商品の引渡し若しくは当該権利の移転又は当該役務の提供の開始前である場合（次号に掲げる場合を除く。） 契約の締結及び履行のために通常要する費用の額
the services fall under the category of specified continuous services as prescribed in Article 41, paragraph (2) of the Act on Specified Commercial Transactions (Act No. 57 of 1976), and the contract under which those services were to be provided is cancelled pursuant to the provisions of Article 49, paragraph (1) of that Act before they start to be provided:the amounts specified by Cabinet Order which are referred to in paragraph (2), item (ii) of that Article, in accordance with each of the specified services, as the costs normally required for concluding and performing the contract;
当該役務が特定商取引に関する法律（昭和五十一年法律第五十七号）第四十一条第二項に規定する特定継続的役務に該当する場合であつて、当該役務を提供する契約の同法第四十九条第一項の規定に基づく解除が当該役務の提供の開始前である場合 契約の締結及び履行のために通常要する費用の額として当該役務ごとに同条第二項第二号の政令で定める額
the contract under which the services are provided is cancelled after the services start to be provided (excluding the case stated in the following item):the amount that corresponds to the installment price of the services less the amount that corresponds to the cash price of the services, plus the amount that corresponds to the consideration for services provided; or
the services fall under the category of specified continuous services as prescribed in Article 41, paragraph (2) of the Act on Specified Commercial Transactions, and the contract under which the services are provided is cancelled pursuant to the provisions of Article 49, paragraph (1) of that Act after the services start to be provided: the total of the following amounts:
当該役務が特定商取引に関する法律第四十一条第二項に規定する特定継続的役務に該当する場合であつて、当該役務を提供する契約の同法第四十九条第一項の規定に基づく解除が当該役務の提供の開始後である場合 次の額を合算した額
the amount that corresponds to the installment price of the services less the amount that corresponds to the cash price of the services, plus the amount that corresponds to the consideration for services provided; and
the amounts specified by Cabinet Order which are referred to in paragraph (2), item (i), (b) of that Article, in accordance with each of the specified services, as the amount of damages that are normally caused by the cancellation of a contract under which the services are provided.
当該役務を提供する契約の解除によつて通常生ずる損害の額として当該役務ごとに同条第二項第一号ロの政令で定める額
In the event of an unperformed obligation to pay an installment pursuant to the contract referred to in the preceding paragraph (excluding if that contract is cancelled), even if the contract has provisions stating liquidated compensation for loss or damage or the penalty for breach of contract, the installment seller may not demand that the purchaser or service recipient pay an amount of money that exceeds the amount that corresponds to the installment price of the goods or rights or the installment price of the services less the amount of installments already paid, plus the amount of delay damages for this based on the applicable statutory interest rate.
In the event that a contract under which designated goods or designated rights are sold or a contract under which designated services are provided in a way that involves an installment sale as prescribed in Article 2, paragraph (1) item (i) constitutes a multilevel marketing contract as prescribed in Article 37, paragraph (2) of the Act on Specified Commercial Transactions, and that contract is cancelled pursuant to the provisions of Article 40-2, paragraph (1) of that Act, even if the contract has provisions stating liquidated damages or the penalty for breach of contract, the installment seller may not demand that the purchaser or service recipient pay an amount of money that exceeds the total amount of costs normally required for concluding and performing that contract (or, in a case that falls under one of the following items, the total of this amount and the amount specified in the relevant of those items for the case stated) plus the amount of delay damages for this based on the applicable statutory interest rate:
割賦販売業者は、第二条第一項第一号に規定する割賦販売の方法により指定商品若しくは指定権利を販売する契約又は指定役務を提供する契約が特定商取引に関する法律第三十七条第二項に規定する連鎖販売契約に該当する場合であつて、当該契約が同法第四十条の二第一項の規定により解除された場合には、損害賠償額の予定又は違約金の定めがあるときにおいても、契約の締結及び履行のために通常要する費用の額（次の各号のいずれかに該当する場合にあつては、当該額に当該各号に掲げる場合に応じ当該各号に定める額を加算した額）にこれに対する法定利率による遅延損害金の額を加算した金額を超える額の金銭の支払を購入者又は役務の提供を受ける者に対して請求することができない。
the multilevel marketing contract is cancelled after the delivery of goods or transfer of rights involving a specified burden as prescribed in Article 33, paragraph (1) of the Act on Specified Commercial Transactions in connection with the multilevel marketing transactions (referred to as a "specified burden" in the following item, Article 35-3-11, and Article 35-3-14): the total of the following amounts:
当該連鎖販売契約の解除が当該連鎖販売取引に伴う特定商取引に関する法律第三十三条第一項に規定する特定負担（次号、第三十五条の三の十一及び第三十五条の三の十四において「特定負担」という。）に係る商品の引渡し又は権利の移転後である場合 次の額を合算した額
the amount that corresponds to the installment price of the delivered goods or transferred rights (limited to goods or rights that have been sold based on that multilevel marketing contract, and excluding goods or rights under a sales contract for goods as prescribed in Article 40-2, paragraph (2) of the Act on Specified Commercial Transactions which is cancelled pursuant to that paragraph); and
引渡しがされた当該商品又は移転がされた当該権利（当該連鎖販売契約に基づき販売が行われた商品又は権利に限り、特定商取引に関する法律第四十条の二第二項の規定により当該商品又は当該権利に係る同項に規定する商品販売契約が解除されたものを除く。）の割賦販売価格に相当する額
the amount that corresponds to the specified profit as prescribed in Article 33, paragraph (1) of the Act on Specified Commercial Transactions (referred to as "specified profit" in Article 35-3-14) or any other money or goods that have been provided (limited to those that are connected with the goods or rights under a sales contract for goods as prescribed in Article 40-2, paragraph (2) of that Act which is cancelled pursuant to the provisions of that paragraph); or
提供された特定商取引に関する法律第三十三条第一項に規定する特定利益（第三十五条の三の十四において「特定利益」という。）その他の金品（同法第四十条の二第二項の規定により解除された同項に規定する商品販売契約に係る商品又は権利に係るものに限る。）に相当する額
the multilevel marketing contract is cancelled after services connected with a multilevel marketing transaction involving a specified burden is provided:the amount that corresponds to the installment price of the services less the amount that corresponds to the cash price of the services, plus the amount that corresponds to the consideration for services provided (limited to those provided based on the multilevel marketing contract).
In the event that a contract under which designated goods or designated rights are sold in a way that involves an installment sale as prescribed in Article 2, paragraph (1), item (i) constitutes a sales contract for goods as prescribed in Article 40-2, paragraph (2) of the Act on Specified Commercial Transactions, and that contract is cancelled pursuant to that paragraph, even if the contract has provisions stating liquidated damages or the penalty for breach of contract, the installment seller may not demand that the purchaser pay an amount of money that exceeds the amount specified in the relevant of the following items for the case stated in that item plus the amount of delay damages for this based on the applicable statutory interest rate:
the goods or rights are returned or the sales contract for the goods is cancelled before the goods are delivered or before the rights are transferred:the amount that corresponds to the installment price of the goods or rights less the amount that corresponds to the cash price of the goods or rights, plus an amount that corresponds to 10 percent of the cash price of the goods or rights; or
the goods or rights are not returned:the amount that corresponds to the installment price of the goods or rights.
当該商品又は当該権利が返還されない場合 当該商品又は当該権利の割賦販売価格に相当する額
Read this with the articles around it
installment sale
「割賦販売」
Selling designated goods or rights (指定商品, 指定権利), or providing designated services (指定役務), either on terms that the price is received over two months or more in three or more payments (including out of deposits the buyer makes with a bank the seller names), or to a user given a card or similar means (カード等) on terms that the user pays, at set intervals, an amount worked out by a set method from the total bought.
Defined inArticle 2, paragraph (1)· applies throughout the law
designated good
「指定商品」
Goods suited to being sold on standard terms that a Cabinet Order (政令) specifies.
Defined inArticle 2, paragraph (5)· applies throughout the law
designated service
「指定役務」
Except in Article 2, paragraph (6), Articles 35-3-61 and 35-3-62, and Articles 41 and 41-2, services provided for payment in transactions of people's everyday lives that a Cabinet Order (政令) specifies.
Defined inArticle 2, paragraph (5)
designated right
「指定権利」
A right to use facilities or to receive services, sold in transactions of people's everyday lives, that a Cabinet Order (政令) specifies.
Defined inArticle 2, paragraph (5)
installment seller
「割賦販売業者」
A person whose business is installment sales (割賦販売).
Short name set inArticle 3, paragraph (1)
cash price of servicesmachine translation
「現金提供価格」
The price of services when their full price is received at the time the contract to provide them is made.
Defined inArticle 3, paragraph (1), item (i)
cash pricemachine translation
「現金販売価格」
The price of goods or rights when their full price is received at the time the goods are delivered or the rights transferred.
Defined inArticle 3, paragraph (1), item (i)
installment price of servicesmachine translation
「割賦提供価格」
The price of services when they are provided by installment sale (割賦販売).
Defined inArticle 3, paragraph (1), item (ii)
installment pricemachine translation
「割賦販売価格」
The price of goods or rights when they are sold by installment sale (割賦販売).
Defined inArticle 3, paragraph (1), item (ii)
installmentmachine translation
「賦払金」
Each payment of the price due under an installment sale (割賦販売).
Defined inArticle 4, paragraph (1), item (ii)
specified burden
「特定負担」
A specified burden as defined in Article 33, paragraph (1) of the Act on Specified Commercial Transactions: buying goods, paying for services or providing a transaction fee (取引料) in a multilevel marketing transaction (連鎖販売取引).
Short name set inArticle 6, paragraph (3), item (i)· applies only in this provision and in Article 6, paragraph (3), item (ii); and Articles 35-3-11 and 35-3-14
specified profit
「特定利益」
In the multilevel marketing rules, all or part of the transaction fees (取引料) paid by other people who resell, sell on consignment or arrange sales of the goods, or who provide or arrange the same kind of services, and of other profits meeting requirements set by order of the competent ministry (主務省令) — the gain used to draw people into multilevel marketing.
Short name set inArticle 6, paragraph (3), item (i), (b)· applies only in this provision and in Article 35-3-14
cancellation
解除
Ending a contract by one party's notice to the other, where the contract or the law gives that party a right to cancel (Civil Code, Article 540, paragraph (1)). The Civil Code lets a party cancel for the other's failure to perform: after a demand to perform within a reasonable time that is not met, unless what is still missing is minor (Article 541), or at once where performance has become wholly impossible, or the other party has clearly refused to perform, among other cases where performance clearly will not come (Article 542, paragraph (1)). On cancellation each party must put the other back in the position before the contract, and damages can still be claimed (Article 545, paragraphs (1) and (4)); a lease, though, ends only from then on (Article 620). Cancellation differs from rescission (取消し), after which the act is treated as void from the start (Article 121).
Written by AI using Civil Code, Arts. 121, 540, 541, 542, 545, 620 as a reference.
damages
損害賠償
Compensation for loss one person has caused another. A debtor who does not perform an obligation as it should be performed, or cannot perform it, must compensate the creditor for the loss that results, unless the failure comes from a cause the debtor is not responsible for, judged by the contract or other source of the obligation and by accepted views in dealings (Civil Code, Article 415, paragraph (1)); and a person who, intentionally or negligently, infringes another's rights or legally protected interests must compensate for the loss that results (Article 709). It is paid in money unless otherwise agreed (Articles 417 and 722, paragraph (1)), and the parties to a contract may agree in advance the amount due if it is not performed; a sum fixed for breach (違約金) is presumed to be such an agreement (Article 420, paragraphs (1) and (3)). The Consumer Contract Act makes void the part of such an amount in a consumer contract, for its cancellation, with any penalty added, above the average loss the business would suffer from the cancellation of consumer contracts of that kind, measured separately for each category the clause sets, such as the reason for and time of cancellation (Consumer Contract Act, Article 9, paragraph (1), item (i)).
Written by AI using Civil Code, Arts. 415, 417, 420, 709, 722 and Consumer Contract Act, Art. 9 as a reference.