Section 1 Definitions
第一節 定義
第二条
The term "door-to-door sale" as used in this Chapter and in Article 58-18, paragraph (1) means the following:
この章及び第五十八条の十八第一項において「訪問販売」とは、次に掲げるものをいう。
a sale of goods or specified rights or providing services that a seller or a person engaged in the business of providing the services (hereinafter referred to as a "service provider") undertakes after having received an offer to enter into a sales contract or for a contract to provide services in exchange for payment (hereinafter referred to as a "service contract"), or after having entered into a sales contract or a service contract, at a place other than a business office, agency office, or any other place specified by order of the competent ministry (hereinafter referred to as an "office or other location"); or
販売業者又は役務の提供の事業を営む者（以下「役務提供事業者」という。）が営業所、代理店その他の主務省令で定める場所（以下「営業所等」という。）以外の場所において、売買契約の申込みを受け、若しくは売買契約を締結して行う商品若しくは特定権利の販売又は役務を有償で提供する契約（以下「役務提供契約」という。）の申込みを受け、若しくは役務提供契約を締結して行う役務の提供
a sale of goods or specified rights or providing services that a seller or a service provider undertakes after having received an offer to enter into a sales contract or a service contract at an office or other location from a person whom the seller or the service provider has stopped at a place other than an office or other location and taken along with them to an office or other location, or from a person whom the seller or the service provider has induced away from a place that is not an office or other location by any other means specified by Cabinet Order (the person is hereinafter referred to as a "specified customer"), or that a seller or a service provider undertakes after having entered into a sales contract or a service contract at an office or other location with a specified customer.
The term "mail order sale" as used in this Chapter and in Article 58-19 means a sale of goods or specified rights or providing services that a seller or a service provider undertakes after having received an offer to enter into a sales contract or a service contract by postal mail or other means specified by order of the competent ministry (hereinafter referred to as "postal mail or a similar means"), and that does not fall under the category of telemarketing sales.
The term "telemarketing sale" as used in this Chapter and in Article 58-20, paragraph (1) means a sale of goods or specified rights or providing services that a seller or a service provider undertakes after having telephoned a person or having had a person to telephone the seller or the service provider by a means specified by Cabinet Order, during which telephone call the seller or the service provider has solicited the person to enter into a sales contract or a service contract (hereinafter referred to as an "act of telemarketing"), due to which the seller or the service provider received the relevant offer to enter into a sales contract or a service contract from the solicited person (hereinafter referred to as a "telemarketing target") by postal mail or a similar means, or due to which the seller or the service provider entered into the sales contract or a service contract with the telemarketing target via postal mail or a similar means.
この章及び第五十八条の二十第一項において「電話勧誘販売」とは、販売業者又は役務提供事業者が、電話をかけ又は政令で定める方法により電話をかけさせ、その電話において行う売買契約又は役務提供契約の締結についての勧誘（以下「電話勧誘行為」という。）により、その相手方（以下「電話勧誘顧客」という。）から当該売買契約の申込みを郵便等により受け、若しくは電話勧誘顧客と当該売買契約を郵便等により締結して行う商品若しくは特定権利の販売又は電話勧誘顧客から当該役務提供契約の申込みを郵便等により受け、若しくは電話勧誘顧客と当該役務提供契約を郵便等により締結して行う役務の提供をいう。
The term "specified right" as used in this Chapter and in Article 58-19, item (i) and Article 67, paragraph (1) means the following rights:
この章並びに第五十八条の十九第一号及び第六十七条第一項において「特定権利」とは、次に掲げる権利をいう。
the right to use a facility or to receive a service, which is sold in a transaction connected with people's daily lives, and which is specified by Cabinet Order;
施設を利用し又は役務の提供を受ける権利のうち国民の日常生活に係る取引において販売されるものであつて政令で定めるもの
a corporate bond or other monetary claim; and
社債その他の金銭債権
a share in a stock company; an equity interest of a member of a limited liability company, general partnership company, or limited partnership company; a membership right in any other incorporated association; or a membership right in a foreign corporation that has the characteristics of any of the foregoing rights.
株式会社の株式、合同会社、合名会社若しくは合資会社の社員の持分若しくはその他の社団法人の社員権又は外国法人の社員権でこれらの権利の性質を有するもの
Section 2 Door-to-Door Sales
第二節 訪問販売
Article 3Clear Indication of Name in Door-to-Door Sales
第三条（訪問販売における氏名等の明示）
When a seller or a service provider seeks to conduct door-to-door sales, prior to solicitation, the seller or the service provider must clearly indicate to the other party the name of the seller or the service provider, the fact that the purpose is to solicit the person to enter into a sales contract or a service contract, and the type of goods, rights, or services connected with the solicitation.
第三条の二（契約を締結しない旨の意思を表示した者に対する勧誘の禁止等）
When a seller or a service provider seeks to conduct a door-to-door sale, the seller or the service provider must endeavor to confirm that the other party is willing to be solicited.
販売業者又は役務提供事業者は、訪問販売をしようとするときは、その相手方に対し、勧誘を受ける意思があることを確認するよう努めなければならない。
A seller or a service provider must not solicit a person to enter into a sales contract or a service contract connected with a door-to-door sale if that person has indicated an unwillingness to enter into the sales contract or a service contract.
Article 4Delivery of Documents in Door-to-Door Sales
第四条（訪問販売における書面の交付）
When a seller or a service provider has received an offer to enter into a sales contract for goods or specified rights or an offer to enter into a service contract for services at a place other than an office or other location, or has received an offer to enter into a sales contract for goods or specified rights or an offer to enter into a service contract for services at an office or other location from a specified customer, pursuant to the provisions of order of the competent ministry, the seller or the service provider must immediately deliver a document to the person who made the offer, giving the details of the offer with respect to the following information; provided, however, that this does not apply if the seller or the service provider enters into the sales contract or the service contract upon receiving the offer:
the type of goods, rights, or services;
商品若しくは権利又は役務の種類
the sales price of the goods or rights or the consideration for the services;
商品若しくは権利の販売価格又は役務の対価
the timing and method of payment of the charges for the goods or rights, or the consideration for the services;
商品若しくは権利の代金又は役務の対価の支払の時期及び方法
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 withdrawing the offer to enter into the sales contract or the service contract or about canceling the sales contract or the service contract under the provisions of Article 9, paragraph (1) (including information under the provisions of paragraphs (2) through (7) of that Article (when the provisions of Article 26, paragraph (2), (4), or (5) apply, this includes information under the provisions of those paragraphs)); and
information specified by order of the competent ministry, beyond what is stated in the preceding items.
In place of the delivery in writing under the provisions of the preceding paragraph, a seller or a service provider may provide the information that should be described in the documents by an electronic or magnetic 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 order of the competent ministry; the same applies hereinafter) after gaining the consent of the person who made the offer, pursuant to Cabinet Order. In this case, the seller or the service provider is deemed to have delivered the documents.
The provision of information that should be described in documents as specified in the first sentence of the previous paragraph through electronic or magnetic means (excluding means specified by order of the competent ministry) means that the information is deemed to have reached the person who made the offer when it was recorded in a file stored on the computer used by the person who made the offer.
第五条
Except as prescribed in the following paragraph, if a seller or a service provider falls under one of the following items, the seller or the service provider must deliver a document to the purchaser or the service recipient that clarifies the details of the sales contract or the service contract with respect to the information referred to in the items of the preceding Article, paragraph (1) (with respect to the information referred to in item (v) of the paragraph, this is limited to information about the cancellation of the sales contract or the service contract) without delay (or immediately, in the case prescribed in the proviso to that Article), pursuant to the provisions of order of the competent ministry:
the seller or the service provider has entered into a sales contract for goods or specified rights or service contract for services at a place other than an office or other location (this excludes the case where the seller or the service provider received the offer at an office or other location from a customer who is not a specified customer, and entered into the sales contract or the service contract at a place other than an office or other location);
the seller or the service provider has received an offer to enter into a sales contract for goods or specified rights or a service contract for services at a place other than an office or other location and entered into the sales contract or the service contract at an office or other location; or
the seller or the service provider has entered into a sales contract for goods or specified rights or a service contract for services at an office or other location with a specified customer.
If a seller or a service provider falls under one of the items of the preceding paragraph and, upon entering into a sales contract or a service contract, the seller or the service provider delivers the goods, transfers the specified rights, or provides the services and receives the total amount of the charges for the goods or specified rights or the consideration for the services, pursuant to the provisions of order of the competent ministry, the seller or the service provider must immediately deliver to the purchaser or the service recipient a document giving the information referred to in paragraph (1), items (i) and (ii) of the preceding Article, and the portion of the information referred to in item (v) of the paragraph that is about canceling the sales contract or the service contract, and any other information specified by order of the competent ministry.
The provisions of paragraph (2) and paragraph (3) of the preceding Article apply mutatis mutandis to the delivery in writing under the provisions of the preceding two paragraphs. In this case, the phrase "the person who made the offer" in paragraph (2) and paragraph (3) of the Article is deemed to be replaced with "the purchaser or the service recipient".
第六条（禁止行為）
A seller or a service provider must not misrepresent the following information, either in soliciting a person to enter into a sales contract or a service contract connected with a door-to-door sale, or in order to prevent the withdrawal or cancellation of an offer to enter into a sales contract or a service contract connected with a door-to-door sale or the cancellation of the contract:
the type of goods and their performance or quality, the type of rights or services, the details of them, or other similar information specified by order of the competent ministry;
商品の種類及びその性能若しくは品質又は権利若しくは役務の種類及びこれらの内容その他これらに類するものとして主務省令で定める事項
the sales price of the goods or rights, or the consideration for the services;
商品若しくは権利の販売価格又は役務の対価
the timing or method of payment of the charges for the goods or rights or the consideration for the services;
商品若しくは権利の代金又は役務の対価の支払の時期及び方法
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 withdrawing the offer to enter the sales contract or the service contract or about canceling the sales contract or the service contract (including information under the provisions of Article 9, paragraphs (1) through (7) (when the provisions of Article 26, paragraph (2), (4), or (5) apply, this includes information under the provisions of the relevant paragraphs));
当該売買契約若しくは当該役務提供契約の申込みの撤回又は当該売買契約若しくは当該役務提供契約の解除に関する事項（第九条第一項から第七項までの規定に関する事項（第二十六条第二項、第四項又は第五項の規定の適用がある場合にあつては、当該各項の規定に関する事項を含む。）を含む。）
information about any circumstances that make it necessary for the customer to enter into the sales contract or the service contract; or
顧客が当該売買契約又は当該役務提供契約の締結を必要とする事情に関する事項
beyond what is stated in the preceding items, any material information about the sales contract or the service contract that would affect the decision of the customer, the purchaser, or the service recipient.
A seller or a service provider must not intentionally fail to disclose facts with respect to the matters listed in items (i) through (v) of the preceding paragraph in soliciting a person to enter into a sales contract or a service contract connected with a door-to-door sale.
販売業者又は役務提供事業者は、訪問販売に係る売買契約又は役務提供契約の締結について勧誘をするに際し、前項第一号から第五号までに掲げる事項につき、故意に事実を告げない行為をしてはならない。
A seller or a service provider must not use intimidation to overwhelm a person in order to have that person enter into a sales contract or a service contract connected with a door-to-door sale, in order to prevent the person from withdrawing an offer to enter into a sales contract or a service contract connected with a door-to-door sale, or in order to prevent the person from canceling the contract.
A seller or a service provider must not solicit a person whom the seller or the service provider has stopped and taken along with them or whom the seller or the service provider has induced away from a place that is not an office or other location by any other means specified by Cabinet Order, to enter into a sales contract or a service contract connected with a door-to-door sale other than in a place into and out of which the general public comes and goes, without first having informed the person that the purpose for doing so is to solicit the person to enter into the sales contract orthe service contract.
Article 6-2Submission of Materials Showing Reasonable Grounds
第六条の二（合理的な根拠を示す資料の提出）
On finding that it is necessary to do so in order to determine whether a seller or a service provider has misrepresented the information prescribed in paragraph (1), item (i) of the preceding Article, the competent minister may ask the seller or the service provider to submit materials showing reasonable grounds to support the information conveyed to the other party, within a specified period. In this case, if the seller or the service provider fails to submit those materials, concerning application of the provisions of paragraph (1) of the following Article and Article 8, paragraph (1), thethe seller or the service provider is deemed to have misrepresented the information prescribed in that item.