Article 9-3Retraction of the Manifestation of an Intention to Offer to Enter into or Accept a Door-to-Door Sales Contract
第九条の三(訪問販売における契約の申込み又はその承諾の意思表示の取消し)
If the offerer or purchaser was under a misconception specified in one of the following items as a result of the seller's or the service provider's having engaged in the conduct listed in that item in soliciting the offerer's or purchaser's entry into a sales contract or a service contract connected with a door-to-door sale, because of which the offerer or purchaser indicated the intention to offer to enter or accept a sales contract or a service contract, the offerer or purchaser may retract the manifestation of that intention to offer to enter or accept the contract:
a misrepresentation in violation of the provisions of Article 6, paragraph (1):the misconception that the information represented was true; or
第六条第一項の規定に違反して不実のことを告げる行為 当該告げられた内容が事実であるとの誤認
the intentional failure to disclose a fact, in violation of the provisions of Article 6, paragraph (2):the misconception that the relevant fact did not exist.
第六条第二項の規定に違反して故意に事実を告げない行為 当該事実が存在しないとの誤認
The retraction under the provisions of the preceding paragraph of the manifestation of the intention to offer to enter into or accept a sales contract or a service contract connected with a door-to-door sale may not be duly asserted against a third party in good faith that is free from any negligence.
The provisions of paragraph (1) do not preclude the application of the provisions of Article 96 of the Civil Code (Act No. 89 of 1896) to the manifestation of intention to offer to enter into or accept a sales contract or a service contract connected with a door-to-door sale prescribed in the paragraph.
The right to a retraction under the provisions of paragraph (1) extinguishes by prescription if it is not exercised within one year from the time that a contract can be ratified. The same applies once five years have passed after the time that the relevant sales contract or the service contract was entered into.
Notwithstanding the provisions of Article 121-2, paragraph (1) of the Civil Code, if an offerer or purchaser to whom a benefit has been conferred through the performance of an obligation under a sales contract or a service contract connected with a door-to-door sale retracts the manifestation of the intention to offer to enter into or accept the contract pursuant to the provisions of paragraph (1), but the offerer or purchaser did not know that the manifestation of the intention could be retracted when the benefit was conferred, the offerer or purchaser bears the obligation to return up to the extent of the actual benefit received based on the sales contract or the service contract.