Chapter II-2 Loan-Affiliated Installment Sales
第二章の二 ローン提携販売
If a person in the business of loan-affiliated installment sales (referred to below as a "loan-affiliated installment seller") issues or grants a card, etc., to a user in order to sell designated goods or designated rights or provide designated services in a way that involves a loan-affiliated installment sale as prescribed in Article 2, paragraph (2), item (i), the loan-affiliated installment seller must deliver a document to the user stating the following matters with respect to the terms and conditions of the sale of goods or rights or the terms and conditions for the provision of services when a loan-affiliated installment sale is made, pursuant to the provisions of Order of the Ministry of Economy, Trade and Industry and Cabinet Office Order:
the term and number of payments (including interest payments) in connection with a loan-affiliated installment sale;
ローン提携販売に係る借入金の返還(利息の支払を含む。)の期間及び回数
the interest rate and the rate of other fees connected with the loan under a loan-affiliated installment sale, as arrived at by the method of calculation specified by Order of the Ministry of Economy, Trade and Industry and Cabinet Office Order; and
経済産業省令・内閣府令で定める方法により算定したローン提携販売に係る借入金の利息その他の手数料の料率
matters specified by Order of the Ministry of Economy, Trade and Industry and Cabinet Office Order, beyond what is stated in the preceding two items.
前二号に掲げるもののほか、経済産業省令・内閣府令で定める事項
If a loan-affiliated installment seller issues or grants a card, etc. to a user in order to sell designated goods or designated rights or provide designated services in a way that involves a loan-affiliated installment sale as prescribed in Article 2, paragraph (2), item (ii), the loan-affiliated installment seller must deliver a document to the user stating the following matters in respect of the terms and conditions of the sale of goods or rights or the terms and conditions for the provision of services when a loan-affiliated installment sale is made, pursuant to the provisions of Order of the Ministry of Economy, Trade and Industry and Cabinet Office Order:
the timing at which a user is required to make the payment and how the amount of the payment money is calculated each time;
利用者が弁済をすべき時期及び当該時期ごとの弁済金の額の算定方法
the interest rate and the rate of other fees connected with the loan under a loan-affiliated installment sale, as arrived at by the method of calculation specified by Order of the Ministry of Economy, Trade and Industry and Cabinet Office Order; and
経済産業省令・内閣府令で定める方法により算定したローン提携販売に係る借入金の利息その他の手数料の料率
matters specified by Order of the Ministry of Economy, Trade and Industry and Cabinet Office Order, beyond what is stated in the preceding two items.
前二号に掲げるもののほか、経済産業省令・内閣府令で定める事項
When a loan-affiliated installment seller sells designated goods or designated rights or provides designated services in a way that involves a loan-affiliated installment sale as referred to in paragraph (1) or the preceding paragraph, and advertises the terms and conditions of the sale or the terms and conditions for their provision, it must indicate the matters stated in the items of paragraph (1) or in the preceding paragraph, respectively, in its advertising, pursuant to the provisions of Order of the Ministry of Economy, Trade and Industry and Cabinet Office Order.
Article 29-3Delivery of Documents
第二十九条の三(書面の交付)
If a loan-affiliated installment seller concludes a contract under which it will sell designated goods or designated rights or provide designated services in a way that involves a loan-affiliated installment sale as prescribed in Article 2, paragraph (2), item (i), the loan-affiliated installment seller must deliver a document to the purchaser or service recipient which makes clear the details of the contract with respect to the following matters, without delay, pursuant to the provisions of Order of the Ministry of Economy, Trade and Industry and Cabinet Office Order:
the total amount payable by the purchaser or service recipient (meaning the total price of goods or rights sold or services provided in a way that involves a loan-affiliated installment sale (including guarantee fees and other fees), and the interest on the loan connected with that loan-affiliated installment sale);
購入者又は役務の提供を受ける者の支払総額(ローン提携販売の方法により商品若しくは権利を販売し又は役務を提供する場合の価格(保証料その他の手数料を含む。)及びローン提携販売に係る借入金の利息の合計額をいう。)
the amount of the amortized repayments (meaning the amount of the loan to be repaid on each occasion in respect of the loan-affiliated installment sale (including the amount to be paid in interest); the same applies below);
分割返済金(ローン提携販売に係る各回ごとの借入金の返還分(利息の支払分を含む。)をいう。以下同じ。)の額
the timing and method of repayment in respect of the amortized repayments;
分割返済金の返済の時期及び方法
the timing for the delivery of the goods, the timing for the transfer of the rights, or the timing for the provision of the services;
商品の引渡時期若しくは権利の移転時期又は役務の提供時期
information about cancellation of the contract;
契約の解除に関する事項
if there are provisions concerning the transfer of ownership, their details; and
所有権の移転に関する定めがあるときは、その内容
matters specified by Order of the Ministry of Economy, Trade and Industry and Cabinet Office Order, beyond what is stated in the preceding items.
前各号に掲げるもののほか、経済産業省令・内閣府令で定める事項
If a loan-affiliated installment seller concludes a contract under which it will sell designated goods or designated rights or provide designated services in a way that involves a loan-affiliated installment sale as prescribed in Article 2, paragraph (2), item (ii), the loan-affiliated installment seller must deliver a document to the purchaser or service recipient which makes clear the details of the contract with respect to the following matters, without delay, pursuant to the provisions of Order of the Ministry of Economy, Trade and Industry and Cabinet Office Order:
the amount of the loan engaged by the purchaser or service recipient under the contract for the loan-affiliated installment sale;
購入者又は役務の提供を受ける者の当該ローン提携販売の契約に係る借入金の額
the method of repayment in respect of the payment money;
弁済金の返済の方法
the timing of the delivery of the goods, the timing of the transfer of the rights, or the timing of the provision of the services;
商品の引渡時期若しくは権利の移転時期又は役務の提供時期
information about cancellation of the contract;
契約の解除に関する事項
if there are provisions concerning the transfer of ownership, their details; and
所有権の移転に関する定めがあるときは、その内容
matters specified by Order of the Ministry of Economy, Trade and Industry and Cabinet Office Order, beyond what is stated in the preceding items.
前各号に掲げるもののほか、経済産業省令・内閣府令で定める事項
Article 29-4Provisions Applied Mutatis Mutandis
第二十九条の四(準用規定)
The provisions of Article 4-2 apply mutatis mutandis to a loan-affiliated installment seller and Article 8 (excluding item (vi)) applies mutatis mutandis to a loan-affiliated installment sale. In this case, the phrase "paragraph (2) or paragraph (3) of Article 3 or the paragraphs of the preceding Article" in Article 4-2 is deemed to be replaced with "paragraph (1) or paragraph (2) of Article 29-2 or the paragraphs of Article 29-3".
The provisions of Article 30-4 apply mutatis mutandis when grounds involving the payment of amortized repayments in connection with a loan-affiliated installment sale provided for in Article 2, paragraph (2), item (i), which arise against a loan-affiliated installment seller, are asserted against the loan provider (meaning the person that has lent money as prescribed in that item to the purchaser or service recipient connected with a loan-affiliated installment sale in the course of trade, based on the guarantee of obligations prescribed in that item). In this case, the term "goods" in Article 30-4, paragraph (1) is deemed to be replaced with "designated goods"; the term "services" in that paragraph is deemed to be replaced with "designated services"; the phrase "amount to be paid as referred to in Article 30-2-3, paragraph (1), item (ii)" in that paragraph is deemed to be replaced with "amortized repayment as stated in Article 29-3, paragraph (1), item (ii)"; the term "services" in that paragraph is deemed to be replaced with "designated services"; and the term "amount to be paid" in paragraph (4) of that Article is deemed to be replaced with "amortized repayment".
第三十条の四の規定は、第二条第二項第一号に規定するローン提携販売に係る分割返済金の返済についてローン提携販売業者に対して生じている事由をもつてローン提供業者(同号に規定する債務の保証を受けてローン提携販売に係る購入者又は役務の提供を受ける者に対して同号に規定する金銭の貸付けを業として行う者をいう。)に対抗する場合に準用する。この場合において、第三十条の四第一項中「商品」とあるのは「指定商品」と、「役務に」とあるのは「指定役務に」と、「第三十条の二の三第一項第二号の支払分」とあるのは「第二十九条の三第一項第二号の分割返済金」と、「当該役務」とあるのは「当該指定役務」と、同条第四項中「支払分」とあるのは「分割返済金」と読み替えるものとする。
The provisions of Article 30-5 apply mutatis mutandis to the payment money for loan-affiliated installment sales prescribed in Article 2, paragraph (2), item (ii). In this case, the term "the preceding Article" in Article 30-5, paragraph (1) is deemed to be replaced with "the preceding Article as applied mutatis mutandis pursuant to Article 29-4, paragraph (2)", and other necessary technical replacements of terms are specified by Cabinet Order.
card, etc.
「カード等」
In the installment sales (割賦販売) rules, a card or other object, or a number, symbol or other code, that a seller gives a user and that the user can present, quote or hand over to buy goods or rights or receive services for payment, paying later in amounts worked out at set intervals from the total bought.
Short name set inArticle 2, paragraph (1), item (ii)· applies only in this paragraph and in Article 2, paragraph (2); and Articles 3 and 29-2
loan-affiliated installment sale
「ローン提携販売」
Selling designated goods or rights (指定商品, 指定権利), or providing designated services (指定役務), to a user who has been given a card or similar means (カード等) and borrows the price, with the seller guaranteeing the user's loan (or having a professional guarantor do so), where the loan is repaid over two months or more in three or more installments, or in amounts worked out at set intervals from the total borrowed.
Defined inArticle 2, paragraph (2)· 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)
loan-affiliated installment seller
「ローン提携販売業者」
A person whose business is loan-affiliated installment sales (ローン提携販売).
Short name set inArticle 29-2, paragraph (1)
amortized repayments
「分割返済金」
Each installment of repayment, including interest, of the money borrowed in a loan-affiliated installment sale (ローン提携販売).
Defined inArticle 29-3, paragraph (1), item (ii)
assert against
対抗
To be able to rely on a right, or on a fact about it, against someone who is not a party to it. Acquiring, losing or changing a right in rem (物権) in land or a building cannot be asserted against third parties until it is registered (登記) (Civil Code, Article 177), and a registered lease of land or a building can be asserted against a person who acquires a right in rem in it, such as a buyer, and against other third parties (Article 605). The Act on Land and Building Leases lets a tenant do without registering the lease itself: a right to use land for a building (借地権) can be asserted against third parties once the tenant owns a registered building on the land (Article 10, paragraph (1)), and a building lease takes effect against anyone who later acquires a right in rem in the building, such as a new owner, once the building has been handed over (Article 31). Some rules protect only a third party who did not know: a rescission for fraud cannot be asserted against a third party who did not know of the fraud and was not careless in not knowing (善意でかつ過失がない) (Civil Code, Article 96, paragraph (3)).
Written by AI using Civil Code, Arts. 96, 177, 605 and Act on Land and Building Leases, Arts. 10, 31 as a reference.
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.