Section 1 General Provisions
第一節 総則
If a person in the business of installment sales (referred to below as an "installment seller") seeks to sell designated goods or designated rights or to provide designated services in a way that involves an installment sale as prescribed in paragraph (1), item (i) of the preceding Article (excluding the sale of goods or rights or the provision of services to a user wherein the user is issued or granted a card, etc. and that card, etc. is presented, indicated, or traded in), the installment seller must indicate the following matters about the designated goods, designated rights, or designated services to the other party, pursuant to the provisions of Order of the Ministry of Economy, Trade and Industry, and Cabinet Office Order:
the cash price of the goods or rights (meaning the price that the goods or rights would be if the seller received the full cost for them upon delivery of the goods or transfer of the rights; the same applies below) or the cash price of the services (meaning the price that services would be if the service provider received the full amount of consideration for them upon the conclusion of the service contract; the same applies below);
商品若しくは権利の現金販売価格(商品の引渡し又は権利の移転と同時にその代金の全額を受領する場合の価格をいう。以下同じ。)又は役務の現金提供価格(役務を提供する契約の締結と同時にその対価の全額を受領する場合の価格をいう。以下同じ。)
the installment price of the goods or rights (meaning the price of the goods or rights when the seller sells them in a way that constitutes an installment sale; the same applies below) or the installment price of the services (meaning the price of the services when the service provider provides them in a way that involves an installment sale; the same applies below);
商品若しくは権利の割賦販売価格(割賦販売の方法により商品又は権利を販売する場合の価格をいう。以下同じ。)又は役務の割賦提供価格(割賦販売の方法により役務を提供する場合の価格をいう。以下同じ。)
the term and number of payments for the cost of the goods or rights or consideration for the services under the installment sale (including any deposit of money to be allocated to that payment; the same applies below, except in the following paragraph);
if it is an installment sale other than a prepaid installment sale as prescribed in Article 11, the rate of the fee connected with that 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
if it is a prepaid installment sale as prescribed in Article 11, the timing of the delivery of goods.
If an 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 an installment sale as prescribed in paragraph (1), item (i) of the preceding Article (but only if the installment seller issues or grants the card, etc. to the user and sells goods or rights or provides services to the user when the card, etc. is presented, indicated, or traded in), the 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 an 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 for the cost of the goods or rights or the consideration for the services in connection with an installment sale;
割賦販売に係る商品若しくは権利の代金又は役務の対価の支払の期間及び回数
the rate of the fee connected with an 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割賦販売の手数料の料率
the 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 an 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 an installment sale as prescribed in paragraph (1), item (ii) of the preceding Article, the 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 an installment sale is made, pursuant to the provisions of Order of the Ministry of Economy, Trade and Industry and Cabinet Office Order:
the time at which the user is required to make payments 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 rate of the fee connected with an 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割賦販売の手数料の料率
the 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 an installment seller sells designated goods or designated rights or provides designated services in a way that involves an installment sale as referred to in paragraph (1), paragraph (2), 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), the items of paragraph (2), or the items of 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 4Delivery of Documents
第四条(書面の交付)
If an installment seller has concluded a contract to sell designated goods or designated rights or a contract to provide designated services in a way that involves an installment sale as prescribed in Article 2, paragraph (1), item (i), it 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 installment price of the goods or rights or the installment price of the services;
the amount of an installment (meaning the amount to be paid on each occasion in respect of installment sales; the same applies below);
賦払金(割賦販売に係る各回ごとの代金の支払分をいう。以下同じ。)の額
the timing and method of payment for the installments;
賦払金の支払の時期及び方法
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 an installment seller has concluded a contract to sell designated goods or designated rights or a contract to provide designated services in a way that involves an installment sale as prescribed in Article 2, paragraph (1), item (ii), it 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 cash price of the goods or rights or the cash price of the services;
the method of payment for the payment money;
弁済金の支払の方法
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 an installment seller requests that the payment be made in connection with an installment sale as prescribed in Article 2, paragraph (1), item (ii) for designated goods, designated rights, or designated services, it must deliver a document to the purchaser or service recipient stating the following matters in advance, pursuant to the provisions of Order of the Ministry of Economy, Trade and Industry and Cabinet Office Order:
the time at which the payment money is due; and
弁済金を支払うべき時期
the amount of the payment that must be made at the time referred to in the preceding item, and the basis for calculation.
前号の時期に支払われるべき弁済金の額及びその算定根拠
Article 4-2Means of Using Information and Communications Technology
第四条の二(情報通信の技術を利用する方法)
With the consent of the user, purchaser, or service recipient and pursuant to the provisions of Cabinet Order, in lieu of delivering a document under the provisions of paragraph (2) or paragraph (3) of Article 3 or the paragraphs of the preceding Article, an installment seller may provide the user, purchaser, or service recipient with the matters that are required to be stated in the document by a means that makes use of an electronic data processing system, or by any other means specified by Order of the Ministry of Economy, Trade and Industry and Cabinet Office Order which uses information and communications technology (referred to below as an "electronic or magnetic means"). In doing so, the installment seller is deemed to have delivered the relevant document.
Article 5Restrictions on the Cancellation of Contracts
第五条(契約の解除等の制限)
In the event of an unperformed obligation to pay an installment pursuant to 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 (or to make the payment, in respect of 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 (ii); the same applies below in this paragraph), the installment seller may not cancel the contract or demand the payment of installments that are not yet due on the grounds of a delay in the payment of an installment, unless it makes a written demand for this to be paid within a reasonable period of not less than twenty days, and the obligation is not performed within that period.
Any special provisions of a contract that run counter to the preceding paragraph are void.
前項の規定に反する特約は、無効とする。
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
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
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)
electronic or magnetic means
「電磁的方法」
A way of providing information by an electronic data processing system or other information and communications technology, of a kind an Order of the Ministry of Economy, Trade and Industry and Cabinet Office Order (経済産業省令・内閣府令) specifies, which a business may use with the customer's consent instead of handing over a document.
Short name set inArticle 4-2, paragraph (1)
prepaid installment sales
「前払式割賦販売」
An installment sale (割賦販売) under Article 2, paragraph (1), item (i) in which the seller receives all or part of the price of designated goods (指定商品) in two or more payments before delivering them — a business that needs a license from the Minister of Economy, Trade and Industry.
Short name set inArticle 11, paragraph (1)
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.
void
無効
Having no legal effect from the start. A void act does not take effect even if the parties later confirm it; confirming it knowing it is void counts as making a new act (Civil Code, Article 119). An act against public order or good morals is void (Article 90). Some Acts that protect one side make void a term that takes that protection away: a term of a land lease that is worse for the tenant than the Act on Land and Building Leases' rules on how long the lease lasts and how it is renewed (Article 9), a clause of a consumer contract that frees a business from all liability for damage its failure to perform causes the consumer (Consumer Contract Act, Article 8, paragraph (1), item (i)), or the part of a labor contract that falls short of the Labor Standards Act's standards, which the Act's standard replaces (Labor Standards Act, Article 13).
Written by AI using Civil Code, Arts. 90, 119, Act on Land and Building Leases, Art. 9, Consumer Contract Act, Art. 8 and Labor Standards Act, Art. 13 as a reference.