Article 5Third Parties and Agents Commissioned as Intermediaries
第五条(媒介の委託を受けた第三者及び代理人)
The provisions of the preceding Article apply mutatis mutandis if a business operator commissions a third party to act as an intermediary in concluding a consumer contract between the business operator and a consumer (referred to simply as "commission" for the purposes of this paragraph), and the third party (including a person commissioned by a third party (including further commission at the second or higher degree of separation from the original commission); hereinafter referred to as a "directly or indirectly commissioned party") conducts acts in any of the ways provided for in paragraphs (1) through (4) of the preceding Article toward the consumer. In this case, the term "business operator" in the proviso to paragraph (2) of the preceding Article is deemed to be replaced with the "business operator or a directly or indirectly commissioned party provided for in paragraph (1) of the following Article."
An agent of the consumer (including a subagent (including any person appointed as a subagent at the second or higher degree of separation from the original agent); the same applies hereinafter), business operator, or directly or indirectly commissioned party involved in the conclusion of a consumer contract is deemed to be the consumer, business operator, or directly or indirectly commissioned party in relation to the application of paragraphs (1) through (4) of the preceding Article (including as applied mutatis mutandis pursuant to the preceding paragraph; the same applies to Articles from the following Article to Article 7).
Article 6Interpretative Provisions
第六条(解釈規定)
The provisions of Article 4, paragraphs (1) through (4) must not be interpreted as precluding the application of Article 96 of the Civil Code to an offer or acceptance of an offer of a consumer contract falling under these paragraphs.
第四条第一項から第四項までの規定は、これらの項に規定する消費者契約の申込み又はその承諾の意思表示に対する民法第九十六条の規定の適用を妨げるものと解してはならない。
Article 6-2Refund Obligation of a Consumer Exercising the Rescission Right
第六条の二(取消権を行使した消費者の返還義務)
Notwithstanding the provisions of Article 121-2, paragraph (1) of the Civil Code, a consumer who has received benefits by a business operator's performance of an obligation under a consumer contract is obliged to return the benefits to the extent actually enriched by the consumer contract, if the consumer has rescinded the offer of a consumer contract or acceptance of an offer pursuant to the provisions of Article 4, paragraphs (1) through (4) and at the time of receiving the benefits the consumer did not know that it was rescindable.
民法第百二十一条の二第一項の規定にかかわらず、消費者契約に基づく債務の履行として給付を受けた消費者は、第四条第一項から第四項までの規定により当該消費者契約の申込み又はその承諾の意思表示を取り消した場合において、給付を受けた当時その意思表示が取り消すことができるものであることを知らなかったときは、当該消費者契約によって現に利益を受けている限度において、返還の義務を負う。
Article 7Time Period for Exercising the Rescission Right
第七条(取消権の行使期間等)
The rescission right under Article 4, paragraphs (1) through (4) is time-barred if it is not exercised within one year (for the rescission right set forth in paragraph (3), item (viii) of the same Article, three years) from the time that affirmation becomes possible. The same applies when five years (for the rescission right set forth in the same item, ten years) have elapsed since the conclusion of a consumer contract.
第四条第一項から第四項までの規定による取消権は、追認をすることができる時から一年間(同条第三項第八号に係る取消権については、三年間)行わないときは、時効によって消滅する。当該消費者契約の締結の時から五年(同号に係る取消権については、十年)を経過したときも、同様とする。
If a subscription for shares or equity or a contribution of funds that the Companies Act (Act No. 86 of 2005) or any other law establishes may not be rescinded on the grounds of fraud or duress is undertaken as a consumer contract, the consumer may not rescind the manifestation of an intention to be bound by the subscription for shares or equity or by the contribution of funds, pursuant to Article 4, paragraphs (1) through (4).
会社法(平成十七年法律第八十六号)その他の法律により詐欺又は強迫を理由として取消しをすることができないものとされている株式若しくは出資の引受け又は基金の拠出が消費者契約としてされた場合には、当該株式若しくは出資の引受け又は基金の拠出に係る意思表示については、第四条第一項から第四項までの規定によりその取消しをすることができない。
Section 2 Nullity of Consumer Contract Clauses
第二節 消費者契約の条項の無効
Article 8Nullity of Clauses Exempting a Business Operator from Liability for Damages
第八条(事業者の損害賠償の責任を免除する条項等の無効)
The following consumer contract clauses are void:
次に掲げる消費者契約の条項は、無効とする。
clauses completely exempting a business operator from liability to compensate a consumer for damages arising from default by the business operator, or granting authority to the business operator to determine whether or not the business operator is responsible;
clauses partially exempting a business operator from liability to compensate for damages arising from default by the business operator, or granting authority to the business operator to determine to what extent the business operator is responsible (limited to default which arises due to an intentional act or gross negligence on the part of the business operator, the business operator's representative, or employees);
clauses completely exempting a business operator from liability to compensate for damages to a consumer arising from a tortious act committed by the business operator during the business operator's performance of the consumer contract, or granting authority to the business operator to determine whether or not the business operator is responsible therefor; and
clauses partially exempting a business operator from liability to compensate for damages to a consumer arising from a tortious act committed by the business operator (limited to cases in which this arises due to an intentional act or gross negligence on the part of the business operator, the business operator's representative, or employees) during the business operator's performance of the consumer contract, or granting authority to the business operator to determine to what extent the business operator is responsible.
Regarding the clauses set forth in item (i) or (ii) of the preceding paragraph, when the consumer contract is a contract for value and the delivered subject matter does not conform to the provisions of the contract with respect to type or quality, (in the case that the consumer contract is a service contract, and the contractor delivers subject matters that do not conform to the provisions of the contract with respect to type or quality to the party that ordered the work (if the work does not require delivery, when the subject matter does not conform to the provisions of the contract with respect to type or quality when the work is completed); hereinafter the same applies in this paragraph) in the event that the clauses exempt the liability of the business operator for compensating damages caused to the consumer by this, or grant the authority to determine the presence of liability or limit the liability to the business operator, and when they fall under the following cases, the provisions of the preceding paragraph do not apply:
前項第一号又は第二号に掲げる条項のうち、消費者契約が有償契約である場合において、引き渡された目的物が種類又は品質に関して契約の内容に適合しないとき(当該消費者契約が請負契約である場合には、請負人が種類又は品質に関して契約の内容に適合しない仕事の目的物を注文者に引き渡したとき(その引渡しを要しない場合には、仕事が終了した時に仕事の目的物が種類又は品質に関して契約の内容に適合しないとき。)。以下この項において同じ。)に、これにより消費者に生じた損害を賠償する事業者の責任を免除し、又は当該事業者にその責任の有無若しくは限度を決定する権限を付与するものについては、次に掲げる場合に該当するときは、前項の規定は、適用しない。
if the delivered subject matter does not conform to the provisions of the contract with respect to type or quality prescribed in the consumer contract, when it is stated in the contract that the business operator is responsible for subsequent completion, or for reducing its price or offering remuneration depending on the level of nonconformity; and
a previously or simultaneously concluded contract between the contracting consumer and another business operator commissioned by the contracting business operator, or a previously or simultaneously concluded contract made between the contracting business operator and another business operator for the benefit of the consumer stipulates that when the delivered subject matter does not conform to the contents of the contract with respect to type or quality, the other business operator bears full or partial responsibilities for compensation for damage caused to the consumer due to the subject matter not conforming to the contents of the contract with respect to type or quality, or has responsibility for subsequent completion of the subject matter.
A consumer contract clause is void if it partially exempts a business operator from liability to compensate for damages to a consumer arising from the default of the business operator (excluding those that arise due to an intentional act or gross negligence on the part of the business operator, the business operator's representative, or employees) or a tortious act committed by the business operator (excluding those that arise due to an intentional act or gross negligence on the part of the business operator, the business operator's representative, or employees) during the business operator's performance of the consumer contract and does not clarify that only actions that arise due to a default excluding defaults that arise due to an intentional act or gross negligence on the part of the business operator, the business operator's representative, or employees are applicable.
Article 8-2Nullity of Clauses That Force Consumers to Waive Their Right to Cancel
第八条の二(消費者の解除権を放棄させる条項等の無効)
A consumer contract clause is void if it forces the consumer to waive the right to cancel the contract upon the business operator's failure to perform its obligation or gives the business operator the authority to determine whether it can be cancelled.
第八条の三(事業者に対し後見開始の審判等による解除権を付与する条項の無効)
The clauses in a consumer contract that grant a business operator the cancellation right solely because the consumer has received a decision for the commencement of guardianship, curatorship, or assistance are void (excluding those in which the consumer is obliged to provide goods, rights, services, or any other things for the purpose of the consumer contract).
Article 9Nullity of Clauses Stipulating the Liquidated Damages to Be Paid by a Consumer
第九条(消費者が支払う損害賠償の額を予定する条項等の無効等)
The following consumer contract clauses are void to the extent provided for in each item:
次の各号に掲げる消費者契約の条項は、当該各号に定める部分について、無効とする。
clauses stipulating liquidated damages or a fixed penalty for contract cancellation in a total amount that exceeds the average amount of damages that the business operator would incur from the cancellation of a consumer contract of the same type, as a function of the categories of circumstances established in those clauses such as the reason for or timing of the cancellation:the part of the stipulated damages or penalty that exceeds the average amount that would be incurred; and
clauses stipulating liquidated damages or a fixed penalty if the customer fails to pay all or part of an amount of money under the contract by the due date for payment (or by each due date for payment, if there are two or more payments; hereinafter the same applies in this item), in a total amount that exceeds the amount arrived at when the amount owing on the due date with the part of the amount that has actually been paid deducted as of the due date is multiplied by 14.6% per annum, based on the number of days in the period from the day after the due date for payment until the day on which the money is paid:the part of the stipulated damages or penalty exceeding the amount so calculated.
If a business operator claims damages or demands a penalty payment for cancellation of a contract by a consumer based on a clause stipulating damages or fixed penalties for contract cancellation, the business operator must try to provide an outline of the grounds for the estimation of the amount of damages or the calculation of the penalty upon the consumer's request of an explanation.
Article 10Nullity of Clauses Unilaterally Prejudicial to Consumers' Interests
第十条(消費者の利益を一方的に害する条項の無効)
A consumer contract clause is void if it deems a consumer's nonfeasance to manifest an intention to be bound by the offer of a consumer contract or by the acceptance of such an offer, or if it otherwise restricts a consumer's rights or expands a consumer's obligations as compared to when legal or regulatory provisions unrelated to public order are applied, unilaterally prejudicing the interests of the consumer in violation of the fundamental principle provided in Article 1, paragraph (2) of the Civil Code.
Section 3 Auxiliary Provisions
第三節 補則
Article 11Application of Other Laws
第十一条(他の法律の適用)
In addition to what is provided for in this Act, the rescission of an offer or acceptance of an offer of a consumer contract and the validity of the clauses in a consumer contract are governed by the Civil Code and the Commercial Code (Act No. 48 of 1899).
消費者契約の申込み又はその承諾の意思表示の取消し及び消費者契約の条項の効力については、この法律の規定によるほか、民法及び商法(明治三十二年法律第四十八号)の規定による。
If a law or regulation other than the Civil Code and the Commercial Code specifically provides for the rescission of an offer or acceptance of an offer of a consumer contract and the validity of the clauses in a consumer contract, that law or regulation supersedes this Act.