If the service provider affiliated with the intermediation of individual credit purchases or the seller affiliated with the intermediation of individual credit purchases conveys false information with respect to one of the following matters while the service recipient or purchaser is being solicited to conclude a contract providing the receipt of monies subject to the intermediation of individual credit purchases in connection with a specified continuous service contract that constitutes a contract for services involving the intermediation of individual credit purchases or a contract for sales involving the intermediation of individual credit purchases, thereby leading the service recipient or purchaser to mistakenly believe that the information conveyed is true; or if the service provider or seller willfully fails to disclose a fact connected with a matter stated in one of items (i) through (vi) while the service recipient or purchaser is being solicited to conclude the contract, thereby leading the service recipient or purchaser to mistakenly believe that fact not to exist; and if it is with the mistaken belief that the service recipient or purchaser manifests the intention to offer the contract or to accept an offer for the contract, the service recipient or purchaser may disaffirm the intention so manifested:
役務の提供を受ける者又は購入者は、個別信用購入あつせん関係役務提供事業者又は個別信用購入あつせん関係販売業者が特定継続的役務提供等契約であつて個別信用購入あつせん関係役務提供契約又は個別信用購入あつせん関係販売契約に該当するものに係る個別信用購入あつせん関係受領契約の締結について勧誘をするに際し、次に掲げ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、又は第一号から第六号までに掲げる事項につき故意に事実を告げないことにより当該事実が存在しないとの誤認をし、これらによつて当該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。
total amount payable by the service recipient or purchaser;
役務の提供を受ける者又は購入者の支払総額
the amount to be paid on each occasion against the full or partial consideration for services or cost of goods or rights that the intermediation of individual credit purchases is for, and the timing and method of its payment;
個別信用購入あつせんに係る各回ごとの役務の対価又は権利の代金の全部又は一部の支払分の額並びにその支払の時期及び方法
material information that may affect the judgment of the service recipient or purchaser involving the type, details, or outcome of the services or right to receive services (for rights, this means the outcome of the services to which the right relates), and the other similar information specified by order of the competent ministry which is referred to in Article 44, paragraph (1), item (i) of the Act on Specified Commercial Transactions;
役務又は役務の提供を受ける権利の種類及びこれらの内容又は効果（権利の場合にあつては、当該権利に係る役務の効果）その他これらに類するものとして特定商取引に関する法律第四十四条第一項第一号に規定する主務省令で定める事項のうち、役務の提供を受ける者又は購入者の判断に影響を及ぼすこととなる重要なもの
if there are goods that the service recipient or purchaser of the rights is required to purchase when being provided those services or when exercising those rights, material information that may affect the judgment of the service recipient or the purchaser involving the type, performance, or quality of those goods or the other similar information specified by order of the competent ministry which is referred to in Article 44, paragraph (1), item (ii) of the Act on Specified Commercial Transactions;
役務の提供又は権利の行使による役務の提供に際し当該役務の提供を受ける者又は当該権利の購入者が購入する必要のある商品がある場合には、その商品の種類及びその性能又は品質その他これらに類するものとして特定商取引に関する法律第四十四条第一項第二号に規定する主務省令で定める事項のうち、役務の提供を受ける者又は購入者の判断に影響を及ぼすこととなる重要なもの
the service period or the period during which services are provided that the person can receive by exercising the relevant rights;
役務の提供期間又は権利の行使により受けることができる役務の提供期間
matters about withdrawing the offer for the contract providing the receipt of monies subject to the intermediation of individual credit purchases, the contract for the sales involving the intermediation of individual credit purchases, or the contract for services involving the intermediation of individual credit purchases, and about cancelling the contract providing the receipt of monies subject to the intermediation of individual credit purchases, the contract for the sales involving the intermediation of individual credit purchases, or the contract for services involving the intermediation of individual credit purchases (including matters in respect of the provisions of paragraphs (1) through (5), paragraphs (7) through (9), and paragraphs (11) through (14) of Article 35-3-11); and
個別信用購入あつせん関係受領契約若しくは個別信用購入あつせん関係役務提供契約若しくは個別信用購入あつせん関係販売契約の申込みの撤回又は個別信用購入あつせん関係受領契約若しくは個別信用購入あつせん関係役務提供契約若しくは個別信用購入あつせん関係販売契約の解除に関する事項（第三十五条の三の十一第一項から第五項まで、第七項から第九項まで及び第十一項から第十四項までの規定に関する事項を含む。）
material information about the contract providing the receipt of monies subject to the intermediation of individual credit purchases, the contract for sales involving the intermediation of individual credit purchases, or the contract for services involving the intermediation of the individual credit purchases that may affect the judgment of the service recipient or purchaser, beyond what is stated in the preceding items.
前各号に掲げるもののほか、当該個別信用購入あつせん関係受領契約又は当該個別信用購入あつせん関係役務提供契約若しくは当該個別信用購入あつせん関係販売契約に関する事項であつて、役務の提供を受ける者又は購入者の判断に影響を及ぼすこととなる重要なもの
In the event that a manifested intention to offer, or to accept an offer for, a contract providing the receipt of monies subject to the intermediation of individual credit purchases in connection with a specified continuous service contract that constitutes a contract for services involving the intermediation of individual credit purchases or a contract for sales involving the intermediation of individual credit purchases, is disaffirmed pursuant to the provisions of the preceding paragraph, if the service provider affiliated with the intermediation of individual credit purchases or the seller affiliated with the intermediation of individual credit purchases has sold related goods or has acted as the agent or intermediary for their sale to a service recipient or a purchaser, and the case is such that the sales contract for related goods constituting the contract for sales involving the intermediation of individual credit purchases is cancelled pursuant to the provisions of Article 49, paragraph (5) of the Act on Specified Commercial Transactions as applied mutatis mutandis pursuant to Article 49-2, paragraph (3) of that Act and the individual credit purchase intermediary that concluded the contract providing the receipt of monies subject to the intermediation of individual credit purchases in connection with the specified continuous service contract that constitutes the contract for services involving the intermediation of individual credit purchases or the contract for sales involving the intermediation of individual credit purchases, has also concluded a contract providing the receipt of monies subject to the intermediation of individual credit purchases in connection with a sales contract for related goods that constitutes a contract for sales involving the intermediation of individual credit purchases, the service recipient or the purchaser may cancel the contract providing the receipt of monies subject to the intermediation of individual credit purchases connected with the sales contract for related goods that constitutes the contract for the sales involving the intermediation of the individual credit purchases.
前項の規定により特定継続的役務提供等契約であつて個別信用購入あつせん関係役務提供契約又は個別信用購入あつせん関係販売契約に該当するものに係る個別信用購入あつせん関係受領契約の申込み又はその承諾の意思表示が取り消された場合において、個別信用購入あつせん関係役務提供事業者又は個別信用購入あつせん関係販売業者が役務の提供を受ける者又は購入者に対し、関連商品の販売又はその代理若しくは媒介を行つており、かつ、当該関連商品販売契約であつて個別信用購入あつせん関係販売契約に該当するものが特定商取引に関する法律第四十九条の二第三項において準用する同法第四十九条第五項の規定により解除された場合であつて、当該特定継続的役務提供等契約であつて個別信用購入あつせん関係役務提供契約又は個別信用購入あつせん関係販売契約に該当するものに係る個別信用購入あつせん関係受領契約を締結した個別信用購入あつせん業者が併せて当該関連商品販売契約であつて個別信用購入あつせん関係販売契約に該当するものに係る個別信用購入あつせん関係受領契約を締結している場合には、役務の提供を受ける者又は購入者は、当該関連商品販売契約であつて個別信用購入あつせん関係販売契約に該当するものに係る個別信用購入あつせん関係受領契約の解除を行うことができる。
The provisions of paragraphs (2) through (7) of Article 35-3-13 apply mutatis mutandis to the disaffirmation of a manifested intention to offer, or to accept an offer for, a contract providing the receipt of monies subject to the intermediation of individual credit purchases under the provisions of paragraph (1).
第三十五条の三の十三第二項から第七項までの規定は、第一項の規定による個別信用購入あつせん関係受領契約の申込み又はその承諾の意思表示の取消しに準用する。
Read this with the articles around it
intermediation of individual credit purchase
「個別信用購入あつせん」
Without using a card or similar means (カード等), paying a particular seller or service provider all or part of the price of goods, designated rights (指定権利) or services it sells or provides to a purchaser, and collecting that amount from the purchaser by set dates — except where it is all collected by a set date within two months of the purchase contract.
Defined inArticle 2, paragraph (4)· applies throughout the law
individual credit purchase intermediarymachine translation
「個別信用購入あつせん業者」
A person whose business is the intermediation of individual credit purchases (個別信用購入あつせん).
Short name set inArticle 35-3-2, paragraph (1)
service provider affiliated with the intermediation of individual credit purchasesmachine translation
「個別信用購入あつせん関係役務提供事業者」
A service provider that has made a contract for the intermediation of individual credit purchases (個別信用購入あつせん) with an individual credit purchase intermediary (個別信用購入あつせん業者).
Short name set inArticle 35-3-2, paragraph (1)
seller affiliated with the intermediation of individual credit purchasesmachine translation
「個別信用購入あつせん関係販売業者」
A seller that has made a contract for the intermediation of individual credit purchases (個別信用購入あつせん) with an individual credit purchase intermediary (個別信用購入あつせん業者).
Short name set inArticle 35-3-2, paragraph (1)
total amount payablemachine translation
「支払総額」
In Section 2 of Chapter III, the total a purchaser or service recipient pays: the price of the goods, rights or services when sold or provided through the intermediation of individual credit purchases (個別信用購入あつせん), plus the fee for that intermediation.
Defined inArticle 35-3-2, paragraph (1), item (ii)· applies only in this section
contract providing the receipt of monies subject to the intermediation of individual credit purchasesmachine translation
「個別信用購入あつせん関係受領契約」
A contract under which an individual credit purchase intermediary (個別信用購入あつせん業者) is to receive from the purchaser or service recipient an amount equal to the price of goods or designated rights (指定権利) bought, or services received, through the intermediation of individual credit purchases — the purchaser's credit contract with the intermediary.
Short name set inArticle 35-3-3, paragraph (1)
contract for services involving the intermediation of individual credit purchasesmachine translation
「個別信用購入あつせん関係役務提供契約」
A contract to provide services that are paid for through the intermediation of individual credit purchases (個別信用購入あつせん).
Short name set inArticle 35-3-5, paragraph (1)
contract for sales involving the intermediation of individual credit purchasesmachine translation
「個別信用購入あつせん関係販売契約」
A contract to sell goods or designated rights (指定権利) that are paid for through the intermediation of individual credit purchases (個別信用購入あつせん).
Short name set inArticle 35-3-5, paragraph (1)
specified continuous service contract
「特定継続的役務提供等契約」
Either a specified continuous service contract (特定継続的役務提供契約) or a sales contract for specified rights (特定権利販売契約).
Short name set inArticle 35-3-5, paragraph (1), item (iv)
related goodsmachine translation
「関連商品」
Related goods as defined in Article 48, paragraph (2) of the Act on Specified Commercial Transactions: goods a Cabinet Order (政令) specifies as ones a customer needs to buy when receiving specified continuous services (特定継続的役務).
Defined inArticle 35-3-11, paragraph (3)
sales contract for related goods
「関連商品販売契約」
A contract for the sale of related goods (関連商品) — goods a Cabinet Order (政令) specifies as ones a customer of specified continuous services (特定継続的役務) needs to buy to receive them — that the service provider or seller sold, or sold as agent or intermediary.
Short name set inArticle 35-3-11, paragraph (3)
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.
manifestation of intention
意思表示
A person's expression of an intention to which the law gives a legal effect, such as an offer to conclude a contract, which shows its terms and forms the contract once the other party accepts it (Civil Code, Article 522, paragraph (1)), the acceptance itself (Article 527), or the notice to the other party by which a party rescinds (取消し) an act or cancels (解除) a contract (Articles 123 and 540, paragraph (1)). One made to another person takes effect when notice of it reaches that person, or when it would normally have reached them if they blocked it without good reason (Article 97, paragraphs (1) and (2)), and does not lose its effect because the person who made it dies, loses mental capacity (意思能力) or comes under legal limits on what they can do alone after sending the notice (Article 97, paragraph (3)); where the person making it cannot find out who the other party is or where they are, it can be made by public notice (Article 98, paragraph (1)). It is not void just because the person making it knew it was not their true intention, unless the other party knew or could have known that (Article 93, paragraph (1)); a false one made in collusion with the other party is void (Article 94, paragraph (1)); and neither voidness can be asserted against a third party who did not know of it (善意) (Articles 93, paragraph (2), and 94, paragraph (2)). One based on a mistake that is material in light of the purpose of the juridical act (法律行為) and accepted views in dealings may be rescinded — one based on a mistaken view of the circumstances behind the act only if it had been shown that the act was based on them, and as a rule not where the mistake came from the gross negligence of the person who made it (Article 95, paragraphs (1) to (3)) — and so may one made under fraud or duress, though one induced by a third party's fraud only if the other party knew of the fraud or could have known of it (Article 96, paragraphs (1) and (2)); a rescission for mistake or fraud cannot be relied on against a third party who did not know and was not careless in not knowing (Article 95, paragraph (4), and Article 96, paragraph (3)). One that an agent makes within the agent's authority, showing that it is made for the principal, takes effect directly for the principal (Article 99, paragraph (1)). The Consumer Contract Act lets a consumer rescind an offer or acceptance of a consumer contract made because the business, when soliciting it, told them something untrue about an important matter and they believed it, among other grounds (Consumer Contract Act, Article 4, paragraph (1), item (i)), and the Act on Specified Commercial Transactions does the same where, in a door-to-door sale, the seller or service provider told them something untrue about such matters as the goods or the price (Article 6, paragraph (1), and Article 9-3, paragraph (1), item (i)).
Written by AI using Civil Code, Arts. 93, 94, 95, 96, 97, 98, 99, 123, 522, 527, 540, Consumer Contract Act, Art. 4 and Act on Specified Commercial Transactions, Arts. 6, 9-3 as a reference.
rescission
取消し
Undoing a legal act, such as an offer or acceptance of a contract (意思表示, a manifestation of intention), that the law says may be rescinded: for example one made through an important mistake, though a mistake about the circumstances behind the act only if it had been made clear that they were its basis, and as a rule not where the person was grossly careless (Civil Code, Article 95), or one made under fraud or duress, though fraud by a third party only if the other party knew of it or could have known (Article 96), or one a minor made without the consent of their legal representative (Article 5, paragraph (2)). Once rescinded, the act is treated as void from the start (Article 121). Only the person who made it, their representative or successor, or someone whose consent it needed may rescind it (Article 120). The right is lost if not used within five years from when the act could be confirmed — once the mistake, fraud or other cause has ended and the person knows they can rescind (Article 124) — or twenty years from the act (Article 126). It is lost sooner if the person confirms the act, and once it could be confirmed, performing it or demanding performance without reserving objections counts as confirming it (Articles 122 and 125). The Consumer Contract Act adds grounds of its own, such as a business telling the consumer something untrue about an important matter when soliciting the contract, where the consumer believed it and made the contract because of it (Article 4, paragraph (1), item (i)), and gives most of them a shorter time: one year from when the act could be confirmed, and five years from the contract (Article 7, paragraph (1)).
Written by AI using Civil Code, Arts. 5, 95, 96, 120, 121, 122, 124, 125, 126 and Consumer Contract Act, Arts. 4, 7 as a reference.