When 20 days have passed after the date on which a multilevel marketing affiliate has received the document referred to in Article 37, paragraph (2), the multilevel marketing affiliate may effect a prospective cancellation of the multilevel marketing contract in question (if the multilevel marketing affiliate did not cancel the multilevel marketing contract under the provisions of paragraph (1) of the preceding Article by the relevant time limit because the multilevel marketing affiliate was under the misconception that information about canceling the multilevel marketing contract under the provisions of that paragraph that the orchestrator or the solicitor had misrepresented to the multilevel marketing affiliate, in violation of the provisions of Article 34, paragraph (1), or that the general multilevel marketing distributor had misrepresented, in violation of Article 34, paragraph (2), was true, or because the multilevel marketing affiliate was overwhelmed due to the orchestrator's, the solicitor's, or the general multilevel marketing distributor's use of intimidation, in violation of the provisions of Article 34, paragraph (3), at the time when 20 days have passed after the date on which the multilevel marketing affiliate received a document delivered to them by the orchestrator, the solicitor, or the general multilevel marketing distributor, pursuant to the provisions of order of the competent ministry, that contains a notice to the effect that the multilevel marketing affiliate may cancel the multilevel marketing contract under the provisions of paragraph (1) of the preceding Article).
連鎖販売加入者は、第三十七条第二項の書面を受領した日から起算して二十日を経過した後(連鎖販売加入者が、統括者若しくは勧誘者が第三十四条第一項の規定に違反し若しくは一般連鎖販売業者が同条第二項の規定に違反して前条第一項の規定による連鎖販売契約の解除に関する事項につき不実のことを告げる行為をしたことにより当該告げられた内容が事実であるとの誤認をし、又は統括者、勧誘者若しくは一般連鎖販売業者が第三十四条第三項の規定に違反して威迫したことにより困惑し、これらによつて当該期間を経過するまでに前条第一項の規定による連鎖販売契約の解除を行わなかつた場合には、当該連鎖販売加入者が、その連鎖販売業に係る統括者、勧誘者又は一般連鎖販売業者が同項の主務省令で定めるところにより同項の規定による当該連鎖販売契約の解除を行うことができる旨を記載して交付した書面を受領した日から起算して二十日を経過した後)においては、将来に向かつてその連鎖販売契約の解除を行うことができる。
If a multilevel marketing contract has been canceled pursuant to the provisions of the preceding paragraph, and the person carrying on the multilevel marketing undertaking has already sold (including arranging the sale of) the goods associated with the multilevel marketing undertaking to the multilevel marketing affiliate (limited to the person who entered into the relevant multilevel marketing contract (excluding a multilevel marketing contract to change the terms of transactions) within the past one-year period; hereinafter the same applies in this Article), the multilevel marketing affiliate may cancel the contract for the sale of the goods (including the part of the multilevel marketing contract concerning the sale of goods that are connected with the specified burden involved in the relevant multilevel marketing transactions; hereinafter referred to as the "sales contract for goods" in this Article), except in the following cases:
when 90 days have passed after the date the goods were delivered to the multilevel marketing affiliate (if those goods constitute rights to use a facility or to be provided with services, the date the multilevel marketing affiliate was transferred the rights; hereinafter the same applies in this Article);
当該商品の引渡し(当該商品が施設を利用し又は役務の提供を受ける権利である場合にあつては、その移転。以下この条において同じ。)を受けた日から起算して九十日を経過したとき。
if the multilevel marketing affiliate has used or consumed the goods in whole or in part (excluding the case where the person that sold the multilevel marketing affiliate the goods associated with that multilevel marketing undertaking induced the multilevel marketing affiliate to use or consume the goods in whole or in part); or
when otherwise specified by Cabinet Order.
その他政令で定めるとき。
If a multilevel marketing contract is canceled pursuant to the provisions of paragraph (1), the person carrying on the multilevel marketing undertaking may not demand that the multilevel marketing affiliate pay an amount of money that exceeds the aggregate of the amount of costs normally required for entering into and performing a contract (if the case falls under one of the following items, that amount plus the amount specified in the relevant items for the cases listed in them) and the amount of the relevant damages for delay based on the statutory interest rate, even if there is a provision for liquidated damages or a provision for a penalty:
if the multilevel marketing contract is canceled after the delivery of goods connected with multilevel marketing transactions that involve a specified burden: the total of the following amounts:
the amount equal to the sales price of the delivered goods (limited to those sold under the multilevel marketing contract and excluding those with regard to which the sales contract for goods has been canceled pursuant to the provisions of the preceding paragraph); and
the amount equal to the specified profit or any other money and goods that were offered (limited to those connected with the goods under the sales contract for goods that was canceled pursuant to the provisions of the preceding paragraph).
if the multilevel marketing contract is canceled after the services connected with multilevel marketing transactions that involve a specified burden started to be provided:the amount equal to the consideration for the services provided (limited to those provided under the multilevel marketing contract).
When a sales contract for goods is canceled pursuant to the provisions of paragraph (2), the person engaged in the sale of goods associated with that multilevel marketing undertaking may not demand that the multilevel marketing affiliate pay an amount of money that exceeds the aggregate of the amount specified in the relevant items among the following items for the cases listed in them and the amount of the relevant damages for delay based on the statutory interest rate, even if there is a provision for liquidated damages or a provision for a penalty:
if the goods have been returned or the sales contract for goods has been canceled before the delivery of the goods:the amount equal to one-tenth of the sales price of the goods; and
if the goods are not returned:the amount equal to the sales price of the goods.
当該商品が返還されない場合 当該商品の販売価格に相当する額
If a sales contract for goods is canceled pursuant to the provisions of paragraph (2), the orchestrator of the set of related multilevel marketing undertakings with which the goods are associated is jointly and severally liable for the performance of any obligations of the person selling the goods which have arisen from that cancellation.
Any special provisions that run counter to the provisions of the preceding paragraphs and that are disadvantageous to the multilevel marketing affiliate are hereby invalidated.
The provisions of paragraphs (3) and (4) do not apply to goods or services associated with a multilevel marketing undertaking that are sold or provided through installment sales.