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💴 | What if the cooling-off system cannot be used?What are the ways to return the contracted product?


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What if the cooling-off system cannot be used?What are the ways to return the contracted product?

 
If you write the contents roughly
Cooling-off is applicable to contracts made by contact from the business operator such as door-to-door sales.
 

What is cooling-off? What is cooling-off? Even if you apply for or conclude a contract, if it is within a certain period of time, you can apply for it ... → Continue reading

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Wikipedia related words

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    Business side

    Door-to-door sales

    Door-to-door salesWhat is (Homon Hanbai)?No store salesA type of distributorSales personIs unilaterallyconsumerVisit your home and visitProducts(Including rights and services)SaleCarry out activitiesretailform.Visiting Commercial CodeThere is also the name[1].

    In addition, Act on Specified Commercial Transactions(Specified Commercial Transactions Law) extends the general concept of door-to-door sales as described above.Catch sales,Appointment Commercial Code,Hypnosis commercial lawThose that are not visited by sales people such as "Door-to-door sales" are also called.

    Actual example

    As a product that sales people go to ordinary households to sell, it has been around for a long time.ToyamaSuch asMedicineIs famous,High economic growthIn Japan after the period,Automobilesales[2],EncyclopediaIt was also the mainstream of sales.Currently,Jewelry goods,住宅Equipment and equipment,TermiteSale of relatively expensive products such as extermination,News (Chinese)Subscription contracts are often made by door-to-door sales.

    When dealing with a sales person, the situation is such that the sales person and the consumer face each other one-on-one in the process of sales activities, so they tell a lie (or exaggeration) and sell.ScammerIn some cases, even if there is no lie, the product is put on the sales person's mouth (sales talk) and brought into an unnecessary product or a sales contract at a price higher than the general price.Therefore, as a general rule, you can cancel the contract unconditionally for a certain period of time (within 8 days after receiving the contract).cooling offThe system is stipulated.

    Law Concerning Specified Commercial Transactions (Specified Commercial Transactions Law)

    In this chapter, we will explain the definition of door-to-door sales and the regulation of conduct based on the Specified Commercial Transactions Law.

    For convenience of explanation, the law "Act on Specified Commercial Transactions" (Specified Commercial Transactions Law), Cabinet Order "Ordinance on Enforcement of Act on Specified Commercial Transactions", Ordinance of the Ministry of International Trade and Industry (currently Ordinance of the Ministry of Economy, Trade and Industry) "Rules for Enforcement of Law on Specified Commercial Transactions" , "Cabinet Order", "Ministerial Ordinance".

    In addition, the notification "Regarding the enforcement of laws related to specified commercial transactions" to the Directors of the Ministry of Economy, Trade and Industry and the Director General of Okinawa General Secretariat of the Cabinet Office dated November 2004, 11 is called "Notice".

    Definition of terms

    Define the terms used in the Specified Commercial Transactions Law. Some of these terms have slightly different meanings from everyday terms, and these terms will be referred to as <terms> to distinguish them from everyday terms (the same notation will be used below).

    • Designated rights refer to the rights listed in Appendix XNUMX of the Cabinet Order.
    • <Sales office, etc.> means the following.
      • Sales Office
      • agency
      • Stall, Stalls and other similar stores
      • A place where designated products are displayed for a certain period of time and the designated products are sold, which is similar to a store.
      • vending machinePlaces where other equipment for which a sales contract or service provision contract is concluded is installed.
    "A certain period" usually means at least a few days or more, and does not include things like moving to the next place in half a day or a day. "Display" means that consumers must be able to freely select products. "Store-like items" include permanent exhibition halls, public halls where exhibitions and sales are often held, public facilities such as meeting places, hotels, gymnasiums, etc., and door-to-door sales and workplace door-to-door sales are held outside these locations. , Catch sales on the street, etc. all fall under door-to-door sales under this law. All three requirements must be met.[3]
    Specifically, even if it is a place that is not normally considered a store, it is often used for exhibition and sale in reality (Hotel,Public hall,gymnasium, Meeting place, etc.), if the sale is carried out in a form that satisfies the above three requirements, these also correspond to the sale at a place similar to a store. ".
    • Specified customers are the following.
      • Persons who stopped at a place other than <Sales office, etc.> and accompanied them to the sales office, etc.
    Regarding this, "notice" means "stopping" means the act of calling attention to a specific person, and it is not always necessary to stop at that place, while walking side by side. The act of talking is also included.
    In addition, the act of "accompanied" means that the person who stopped the call guides a considerable distance from the point where the call was stopped to the business office or the like. Therefore, the barkers that ordinary store dealers make in front of the store lack the act of "accompanied" and do not fall under this issue. "[3].
      • A person who has requested a visit to a business office or other specific place without notifying that the purpose is to solicit the conclusion of the sales contract or service provision contract by the following means.
    This applies to "when calling by telling something other than the product, etc. that is the original purpose of sale", and "just because you tell that you are a seller, etc. that handles it, does not necessarily mean that the product is It does not mean that he has announced his intention to solicit. Specifically, if you say, "I'm denying the sales intention, such as telling you that you just have to look at it," you can say "If you don't buy a kimono, you can't take the course itself."DressingIn the case of "displaying so that only the classroom can participate", "There is a spot sale event that recommends new products" in small letters that will not be noticed by consumers in pamphlets etc. If it cannot be said that the intention to sell the product is substantially indicated, it is said that the intention to solicit the product is not announced.[3].
    • <Door-to-door sales> means the following.
      • A distributor or a service provider receives an application for a sales contract at a place other than the <business office, etc.>, or receives an application for a designated product or designated right or a service provision contract that is made by concluding a sales contract, or Providing services by concluding a service provision contract
    Although there is a limitation of selling designated goods or designated rights or contracts for providing services, it is almost the same as the concept of "door-to-door sales" as a daily term.
      • A distributor or a service provider receives a sales contract application from a specific customer at a <business office, etc.>, or concludes a sales contract with a specific customer to sell products or designated rights, or a service provision contract from a specific customer. Providing services performed by receiving an application for or concluding a service provision contract with a specific customer
    This is at a sales office, etc., and is outside the concept of "door-to-door sales" as a daily term, but the "law" also defines such things as "door-to-door sales."
    The definition is complicated, but some concrete examples are shown.
    Catch sales
    DowntownStop passers-by, take them to a nearby sales office, etc., and press for a contract for high-priced products.
    Appointment Commercial Code (Appointment Sales)
    A commercial law that conceals the purpose of sales, makes an appointment with the other party, and invites them to a sales office to make a contract. RandomlyTelA typical method is to give a sense of superiority with the feeling that "you have been selected" and call the sales office to press for a contract for a high-priced product.
    Hypnosis commercial law(Promotion training sales, SF commercial method)
    For free gifts, leaflets are distributed on the streets, and sales people visit homes, mainly gathering housewives and the elderly at the venue, and finally selling expensive products. In addition, "SF" isScience fictionIt has nothing to do with "New product promotion meetingIs an abbreviation for.

    Regulation content

    Clarification of name etc.

    When a distributor or service provider intends to make a <door-to-door sale>, prior to the solicitation, the name or name of the distributor or service provider, sales contract or service provision contract shall be given to the other party. It must be clarified that the purpose of the solicitation is to conclude the contract and the type of goods, rights or services related to the solicitation.

    Prohibition of solicitation to those who have indicated their intention not to conclude a contract, etc.

    The distributor or service provider may solicit the conclusion of the sales contract or service provision contract to the person who has indicated the intention not to conclude the sales contract or service provision contract related to <door-to-door sales>. It doesn't become.

    When a distributor or service provider intends to make a <door-to-door sale>, he / she must endeavor to confirm with the other party that he / she intends to receive a solicitation (obligation to make efforts).

    Delivery of documents

    When a distributor or service provider receives a contract application or concludes a contract, it must deliver a document regarding the contract (there are detailed provisions by law, but only the outline is explained here. Please check the law for details).

    The document stipulates that the following matters should be stated.

    • The selling price of goods or rights or the consideration for services
    • Timing and method of payment for goods or rights or consideration for services
    • Time to deliver goods, time to transfer rights, or time to provide services
    • Matters concerning cooling off
    • The name or name, address and telephone number of the distributor or service provider, and the name of the representative in the case of a corporation
    • Name of the person in charge of applying for or concluding the contract
    • Date of application or conclusion of contract
    • Product name and trademark or manufacturer name of the product
    • Model or type of goods (in the case of rights or services, the type of rights or services)
    • Quantity of goods
    • If there is a provision regarding the responsibility of the seller when there is a hidden defect in the product, the content
    • If there is a provision regarding cancellation of the contract, its contents
    • If there are other special contracts, their contents

    Prohibited behavior

    The following acts are prohibited by the direct punishment provisions.

    • The seller or service provider shall not do the following when soliciting the conclusion of a contract or in order to prevent the withdrawal or cancellation of the contract application.
      • False announcement
      • Intentional fact unannouncement
      In addition, there are detailed provisions regarding matters subject to false notification or factual notification.
    • The seller or service provider must not threaten or confuse a person in order to conclude a contract or prevent the withdrawal or cancellation of a contract application.
    • The seller or service provider shall not solicit the following persons at a place other than the place where the public goes in and out without notifying that the purpose is solicitation.
      • Persons who stopped and accompanied them at places other than <business offices, etc.>
      • Person who requested visit to sales office or other specific place by the following method
        • How to send by telephone, mail, correspondence, telegram, fax machine
        • Electromagnetic method
        • Distribute villas and pamphlets
        • Call from outside the house with a loudspeaker
        • Visit the residence
    To summarize briefly, "You must not make catch sales or appointment sales without telling the purpose of solicitation."

    Submission of materials showing reasonable grounds for false notification

    When the competent minister finds it necessary to determine whether or not a false notification has been made, he / she sets a period for the seller or service provider and provides a reasonable basis to support the notified matter. You can request the submission of materials showing. If the seller or service provider does not submit the materials, it is considered to have made a false notification.

    Consumer rights

    cooling off

    • In the following cases, a person who has applied for a contract with a contractor or has concluded a contract with a contractor (hereinafter referred to as <applicant, etc.>) shall, in principle, withdraw or cancel the application for the contract in writing (cooling off) Can be performed.
    (In exceptional cases where cooling off is not possible, it will be described later)
      • When the contractor receives an application for a contract for goods, designated rights, and services at a place other than <business office, etc.>
      • When a trader receives a contract application for products, designated rights, and services from a specific customer at <sales office, etc.>
      • When a trader concludes a contract for goods, designated rights, and services at a place other than <business office, etc.> (when an application is received at a business office, etc., and a sales contract or service provision contract is concluded at a place other than the business office, etc. except)
      • When a trader concludes a contract with a specific customer for products, designated rights, and services at <sales office, etc.>
    • The cooling-off will take effect when a document to that effect is issued (the document does not have to reach the vendor within the cooling-off period).
    • The trader cannot claim damages or penalties for the cooling-off period.
    • If there is a cooling-off period and the goods have already been delivered or the rights have been transferred, the cost of taking over or returning the goods will be borne by the contractor.
    • If there is a cooling-off period, the contractor will pay the <applicant, etc.> for the service and other money even when the service has already been provided or the facility has been used or the service has been provided by exercising the right. Or, it is not possible to request payment of money equivalent to the profit obtained by exercising the right.
    • If there is a cooling-off period, the service provider must promptly return it to the <applicant, etc.> when receiving money in connection with the service provision contract. ..
    • The <applicant, etc.> of the service provision contract or the sales contract of the designated right is <applied in connection with the provision of the service related to the service provision contract or the designated right when the cooling off is performed for the service provision contract or the sales contract. When the current status of the land, building, or other work of the person, etc. is changed, the service provider or the seller of the designated right is requested to take necessary measures to restore the original state free of charge. be able to.
    • Special contracts that violate the above provisions regarding cooling-off and are disadvantageous to <applicants, etc.> will be invalid.
    Exception that cannot be cooled off
    • When 8 days have passed from the date when the <applicant, etc.> received the document from the vendor.
      • As an exception, <applicants, etc.> were confused by misidentification and threatening due to misrepresentation (cooling offIf the cooling-off period is not performed within the above period (due to interference), the cooling-off period can be performed at any time. However, the business operator saidDocuments for eliminating cooling-off interference(There are detailed regulations in the content), and 8 days after receiving it, the cooling-off period will not be possible.[3]
    • When <Applicant, etc.> receives the document and consumes all or part of the following products (when the trader makes <Applicant, etc.> use the product, or consumes all or part of it. except for)
    (These are listed in Appendix XNUMX of the Cabinet Order)
    • When the contractor fulfills the contract and receives the full price (cash transaction) when the contract is concluded for the goods, designated rights, and services, and the total price is less than 3000 yen.
    • AutomobileIn the case of a contract regarding sales (including the case of retention of title sales) (those that are exempted by Cabinet Order as negotiations are normally conducted for a considerable period of time).
    • Electrical,gas, Heat supply,Funeral(祭壇(Lending, etc.) (If it is not provided promptly after the conclusion of the contract, it is exempted from application by Cabinet Order as a service that may significantly harm the interests of the person who receives the contract).

    Withdrawal of applications such as sales contracts for products that significantly exceed the normally required amount, etc.

    <Applicants, etc.> can withdraw or cancel the application for the following contracts.

    • Sales contract for products and designated rights that significantly exceed the amount normally required in daily life
    • Service provision contract to receive services significantly in excess of the number, period or amount normally required in daily life
    • When the seller concludes a sales contract, the amount of goods or designated rights similar to the goods or designated rights related to the sales contract will significantly exceed the amount normally required in daily life for <applicants, etc.>. Sales contract that received or concluded an application while knowing
    • It is usually necessary for <applicants, etc.> to receive the same kind of services as the services related to the service contract by fulfilling the obligations based on the service contract, or the period or amount thereof in their daily lives. Service provision contract that received or concluded an application knowing that the number of times, period or amount will be significantly exceeded
    • The seller applies while knowing that the amount of the product or the same type of designated right as the product or designated right related to the sales contract for the <applicant, etc.> has already significantly exceeded the amount normally required in daily life. Received or concluded sales contract
    • The number, period, or amount of services provided by the service provider to the <applicant, etc.> that is similar to the services related to the service contract has already been set to the number, period, or amount normally required in daily life. Service provision contract that received or concluded an application, knowing that it has exceeded significantly
    • If the applicant, etc. has special circumstances that require the conclusion of the contract, the application cannot be withdrawn.
    • Withdrawal of an application for a sales contract, etc. for a product that significantly exceeds the normally required amount must be done within one year from the time of the contract.

    Cancellation of contract in the event of false notification or intentional factual notification

    <Applicants, etc.> may cancel an application for a contract or a manifestation of intention to consent to it after misidentifying it due to a false announcement or a deliberate unannouncement of facts.

    • The above right of cancellation isbona fideCan't compete with a third party.
    • The above right of revocation will be extinguished by prescription if it is not exercised for 6 months from the time when the confirmation can be made. The same shall apply when five years have passed since the conclusion of the contract.

    (There are complicated provisions, but I have only outlined them here. To be precise, please refer to the decree.)

    Limitation on the amount of compensation for damages due to cancellation of contracts in door-to-door sales

    • When the contract (except when the contract is concluded, the contract is fulfilled and the contract is received in full), the contractor shall pay damages even if there is a plan for damages or a penalty. , The purchaser or the person who receives the service cannot be requested to pay the amount exceeding the amount obtained by adding the amount of late damages due to the statutory interest rate to the following amount.
    When the product or the right is returned
    The larger of the following
    The amount of the normal usage fee of the product or the amount equivalent to the profit normally obtained by exercising the right
    (Amount equivalent to the selling price of the product or the right)-(Price when the product or the right is returned)
    When the product or the right is not returned
    Amount equivalent to the selling price of the product or the right
    When the cancellation of the service provision contract is after the start of the provision of the service
    Amount equivalent to the consideration for the service provided
    When the cancellation of the contract is before the delivery of the goods, the transfer of the rights, or the start of the provision of the services.
    Amount of costs normally required to conclude and fulfill a contract
    • When a contractor concludes a contract (except when the contractor fulfills the contract and receives the full price), the contractor is obliged to pay all or part of the consideration for the contract. If it is not fulfilled (except when the contract is canceled), it will exceed the amount obtained by adding the amount of late damages due to the statutory interest rate to the following amount even if there is a plan for damages or a penalty. The payment of the amount of money cannot be requested from the purchaser or the person who receives the service.
      • (Amount equivalent to the selling price of the product or the right or the consideration for the service)-(The price of the product or the right already paid or the consideration for the service)

    Exemption

    Exemption from the Specified Commercial Transactions Law

    The provisions of the Specified Commercial Transactions Law do not apply in the following cases.

    • Those that the person who applied for the contract concludes for business or as business
    • Providing sales or services related to what the purchaser or the person receiving the service concludes for business or as business
    • Providing sales or services to persons outside Japan
    • Country orLocal governmentSales or provision of services
    • Providing sales or services by the following organizations to their direct or indirect members
    (Including sales or service provision to non-members if the organization can allow non-members to use the business or facility)

    Issuance of documents, exemption from cooling off

    It is specified by a Cabinet Order as the provision of services, which is usually performed immediately after the conclusion of the contract, and the service provider stops at a place other than the <business office, etc.> and accompanies the <business office, etc.>. When an application for a service provision contract is received from the person who made the contract, or when the service provision contract is concluded with that person and all or part of the contract is fulfilled immediately after the contract is concluded (limited to those specified by the ordinance of the competent ministry). ) Only, the delivery of documents and the cooling-off provisions are exempt.

    Exemption from application of written delivery, prohibited acts, cooling off, etc.

    Issuance of documents under the Specified Commercial Transactions Law, prohibited acts, submission of materials showing reasonable grounds for false notification, cooling off, cancellation of manifestation of intention to apply for a contract or its consent, compensation for damages due to cancellation of the contract, etc. The amount limit provisions do not apply in the following cases:

    • Door-to-door sales to those who have applied for a contract or requested to conclude a contract at the residence
    • It is customary for a trader to apply for a contract or conclude a contract at a place other than its business office, etc., and it is recognized that there is no risk of damaging the interests of the purchaser or the person who receives the service. Door-to-door sales that fall under those specified by Cabinet Order.
    Specifically, it is as follows.
      • When a business operator with a store visits a house on a regular basis and does not apply for a contract or solicit to conclude a contract, but simply receives the application or receives a request and concludes it.
      • When a business operator of a store visits a customer (limited to the person with whom the transaction was made during the year prior to the visit) to visit the residence.
      • When a customer other than a business operator with a store visits the residence of a customer who has a continuous business relationship (limited to those who have made a transaction for two or more visits in the year before the visit).
      • When a trader conducts work on a person who belongs to another person's business establishment at that business establishment (limited to those performed with the written approval of the manager of that business establishment)

    In the case of installment sales,Installment sales methodThere are some exemptions from the Specified Commercial Transactions Law in relation to this.

    Relationship with other laws

    • In Article 9-3, Paragraph 3 of the Specified Commercial Transactions Law, the provisions of Paragraph 1 (cancellation of contract due to false notification or intentional non-notification of facts)Civil lawProvisions of Article 96 (scamOrObsessiveIt should not be construed as preventing the application of (cancellation of contract by).

    Problems with inter-operator contracts

    The Specified Commercial Transactions Law is mainly aimed at protecting consumers. If the contractor is a business operator, the provisions of door-to-door sales, mail-order sales, telemarketing sales, and specific continuous service provision in the Specified Commercial Transactions Law are exempted (multi-level marketing transactions and business offer inducement sales transactions are applicable). ).

    In particular, in recent years, troubles due to specific commercial transactions targeting sole proprietors among business operators have frequently occurred, which has become a problem. Even if you are a sole proprietor, you will be in the position of a consumer for contracts that are not related to that business, so this law can be applied.

    footnote

    [How to use footnotes]
    1. ^ "Free Seismic Diagnosis / Inspection Visit Commercial Code" (PDF) Gazette Suzuka (Suzuka City): p.17, (2005-09-05), http://www.city.suzuka.lg.jp/kouhou/gyosei/open/shiryou/hakkobutsu/koho2005/pdf/20050905/20050905-17.pdf 2018/12/20Browse. 
    2. ^ A sales person gets on a test drive,Catalogs,Promotional itemsBring your own and visit companies and homes for business.the 1970sFrom the end, over-the-counter sales became mainstream.
    3. ^ a b c d "Article-by-article commentary on the Specified Commercial Transactions Law". Specified Commercial Transaction Law GuideConsumer Affairs Agency. 2018/12/20Browse.
    4. ^ "Exhibition Commercial Code that sells paintings at a high price”. National Consumer Affairs Center of Japan. 2011/2/10Browse.
    5. ^ "Painting exhibition commercial law that was found to be a violation of public order and morals”. National Consumer Affairs Center of Japan. 2011/2/10Browse.

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