The Specified Commercial Transactions Law stipulates that businesses should post "notations based on specified commercial transactions" such as the name of the operating company and the person in charge of store operation on the EC site. All EC sites are covered regardless of the products and industries handled, so those who are planning to open an EC site must understand it.
Here, in addition to the outline of the Specified Commercial Transactions Law, we will explain in an easy-to-understand manner the items and writing styles based on the Specified Commercial Transactions Law, and the penalties for violations.
The Specified Commercial Transactions Law is a law to protect consumers
The Specified Commercial Transactions Law is a law to protect consumers. In addition to mail-order sales such as EC sites, we have established rules that businesses should follow for transactions that are prone to trouble with consumers, such as door-to-door sales and telemarketing sales.
The official name is "Act on Specified Commercial Transactions" and is sometimes called "Special Commercial Code".
Target Specified Commercial Transactions
The commercial transactions covered by the Japan Act of Specified Commercial Transactions are as follows.
Specified commercial transactions subject to the Act on Specified Commercial Transactions
- ·Door-to-door sales
- ·Mail order
- ・Telemarketing sales
- ・Multilevel marketing transactions
- ・Provision of Specified Continuous Services
- ・Business promotion sales transactions
- ・Door purchase
Transactions on the Internet fall under mail order sales.
The Specified Commercial Transactions Law stipulates administrative regulations and civil rules
The Specified Commercial Transactions Law is a law that regulates administrative regulations and civil rules. I will explain the outline of each.
Administrative regulations of the Specified Commercial Transactions Law
From the perspective of providing appropriate information to consumers, the Act on Specified Commercial Transactions imposes the following regulations according to the types of transactions described above.
Obligation to clearly indicate name, etc.
Business operators are obliged to inform consumers of the business name and the purpose of solicitation before starting solicitation. In the case of an EC site, these contents will be displayed on the EC site.
Prohibition of unfair solicitation
Unfair solicitation, such as disclosing information that is not true or making announcements that arouse anxiety, is prohibited. Knowingly selling a product that significantly exceeds the quantity or number of services required is also an unfair solicitation.
Business operators are required to display important information when placing advertisements, and false or exaggerated advertisements are prohibited. Unlike physical stores, e-commerce sites cannot confirm the actual product, so try to be sincere in advertising.
Document delivery obligation
Business operators are obliged to deliver a document describing important matters to consumers when concluding a contract. Important matters include contents related to the quality and use of products and services, and transaction conditions such as consideration.
Civil rules of the Specified Commercial Transactions Law
The purpose of the civil rules of the Act on Specified Commercial Transactions is to facilitate smooth transactions between consumers and business operators and to prevent troubles. It allows consumers to cancel or cancel contracts, and restricts claims for damages from businesses. There are three civil rules under the Act on Specified Commercial Transactions.
Cooling-off is a rule that allows you to unconditionally cancel within a certain period of time even after you have applied for a product or service or signed a contract and received legal documents such as a contract. The cooling-off period varies depending on the type of business, but is stipulated as 8 days for Door-to-Door Sales, Telemarketing Sales, Provision of Specified Continuous Services, and Door-to-Door Purchase, and 20 days for Multilevel Marketing Transactions and Business Opportunity Sales Transactions. I'm here.
However, since this provision does not apply to mail-order sales, EC sites do not have provisions regarding cooling-off, but there are provisions in Article 15-3 of the Act on Specified Commercial Transactions, so please be aware of the content of those provisions.
Cancellation of manifestation of intention
If a business operator misleads a consumer by presenting wrong information or intentionally not conveying what should be conveyed, the consumer is allowed to ``cancel the declaration of intention''. Cancellation of declaration of intention can be done by requesting cancellation of purchase or contract by e-mail.
Limitation on the amount of compensation for damages, etc.
The Act on Specified Commercial Transactions does not stipulate an upper limit for claims for damages in the event that a mail-order contract is terminated or cancelled.
However, regarding the Provision of Specified Continuous Services, there is an upper limit on the amount of damages claimed due to the cancellation of the service. The provision of specified continuous services includes seven services: esthetics, beauty medicine, language classes, private tutors, cram schools, marriage partner introduction services, and computer classes. The purpose is to prevent business operators from claiming high compensation for damages when canceling a long-term contract, such as a six-month course for a language school or a one-year course for a tutor, and the maximum amount depends on the service. It is determined and differs before and after using the service.
Penalties for violating the Specified Commercial Transactions Law
The Specified Commercial Transactions Law also stipulates penalties, depending on the nature of the violation. If the subject is an individual, the penalties that may be imposed are up to 3 years in prison and / or a fine of up to 3 million yen. If the subject of the punishment is a corporation, a fine of up to 300 million yen may be imposed.
In addition to punishment, administrative sanctions can also be issued. Administrative sanctions include "instructions" that order the improvement of problematic areas, "business suspension orders" that prohibit business for up to two years, and that individuals nominated during the business suspension period start up a company in the same industry. There is a "business prohibition order" that is prohibited.
In addition, when an administrative disposition based on the Specified Commercial Transactions Law is executed, information such as the name of the business operator and the details of the disposition will be published.
How to write notation based on the Specified Commercial Transactions Law
Notation based on the Specified Commercial Transactions Law is essential information for EC sites. When posting a notation based on the Japan Act of Specified Commercial Transactions, create a page about the store operating company on the EC site and set links in the header and footer to convey information to consumers in an easy-to-understand manner.
Here, let's explain how to write the notation based on the Specified Commercial Transactions Law and some items. For details, please refer to the Consumer Affairs Agency website below.
Business name (name), etc.
The name of the business operator is used as the notation based on the Japan Act of Specified Commercial Transactions. If the business is a corporation, it is necessary to enter the name in the register, and the common name, shop name, and site name are not accepted. In the case of a corporation, it is necessary to enter the name of the representative or the name of the person in charge of mail-order sales. On the other hand, if the business is a sole proprietor, it is necessary to enter the name on the family register or the trade name listed in the commercial register.
Business address, phone number
The business address and telephone number must also be stated as a notation based on the Specified Commercial Transactions Law. Regarding the address, for both individual businesses and corporations, the address that is currently active (in the case of a corporation, it is usually the same as the address in the register) should be accurate (the address of the address should be omitted). It is necessary to describe it, but you can also describe the address of the rental office or virtual office. As for the telephone number, it is necessary to include a number that can be contacted with certainty. In addition to the phone number, if you specify the site URL and e-mail address (when advertising by e-mail, the e-mail address must be stated) and the available time zone, you will gain the trust of consumers. It will be easy to get.
Selling price of goods
As a notation based on the Specified Commercial Transactions Law, in addition to the selling price of the item, the shipping fee (if the shipping fee is not stated separately, the shipping fee will be estimated to be included in the selling price), handling fee, wrapping fee Indicate the costs borne by the consumer. Be careful to clearly see the tax-included amount. If the shipping cost varies depending on the shipping address, it will be easier to see if you summarize it in a table. As long as the selling price and shipping cost of the product are stated on the page of each product, there is no problem even if it is omitted in the notation based on the Specified Commercial Transactions Law.
Payment method and timing of payment
As a notation based on the Specified Commercial Transactions Law, the payment method and payment time are indicated. The payment method must be clearly stated for all available methods. If you have multiple payment methods, be sure to specify when the payment will occur.
Delivery time of goods
As a notation based on the Specified Commercial Transactions Law, the delivery time of the product is indicated. The delivery time of the product is the time when the product arrives at the consumer after receiving the order from the consumer, and it is necessary to indicate the period or deadline for the delivery time of the product.
Terms for returns and exchanges
As a notation based on the Specified Commercial Transactions Law, we will describe the provisions for returns and exchanges. The EC site does not have any provisions regarding cooling off, but Article 15-3 of the Specified Commercial Transactions Law has provisions regarding cancellation of sales contracts in mail-order sales. However, this clause will be subject to the special contract if the business operator clearly indicates the withdrawal or cancellation of the contract application, so when setting the special contract, follow the provisions of the EC site. Let's clearly state the conditions for returning or exchanging, who will bear the shipping fee, etc.
In addition, information according to the product
In addition, as a notation based on the Specified Commercial Transactions Law, necessary information will be shown according to the product.
For example, when selling game software or PC applications, it is necessary to display the compatible models and operating environment. If you are dealing with a product that requires a permit or license, write down the details as well.
Example of notation based on the Specified Commercial Transactions Law
The following is a summary of examples of notations based on the Japan Act of Specified Commercial Transactions. Please refer to here and write the information according to the regulations of the EC site.
* The following is just a reference example, so please refer to the following sites and create the notation according to the service of each business operator.
|Distributor||◯◯ Co., Ltd.|
Tokyo ◯◯ ward ◯◯ ◯-◯-◯
|Telephone reception time||8：00〜17：00|
|email address||◯◯◯◯ @ ◯◯◯◯ .com|
|Selling price||The price is stated on the introduction page of each product.|
|Fees required in addition to the product price||Consumption tax, shipping fee (nationwide uniform ◯◯◯ yen)
* Free shipping if you purchase over ◯◯◯ yen, wrapping fee ◯◯◯ yen (only for those who wish)
|Delivery time||We will ship within ◯ days of your order.|
|Payment method and timing of payment||Credit Card Payment: Payment will be confirmed when you place an order.
C.O.D .: Please pay the price in cash to the delivery person when the item is delivered.
CVS Payment: Please pay at the convenience store within ◯ days of your order.
|About returns / exchanges / cancellations||Basically, we do not support returns, exchanges, or cancellations after the product has been shipped.
Please contact us as we can only replace the product if it is defective.
|Return deadline||Please contact us within ◯ days after the product is shipped.|
|Return shipping||If the product is defective, we will bear it.
Other than that, it will be borne by the customer.
|Secondhand dealer permit||Tokyo [Permission number] No. ◯◯◯◯ [Sales manager] ◯◯◯◯|
Why SB Payment Service is chosen
In order to operate the EC site, the notation based on the Specified Commercial Transactions Law is required. In addition, the notation based on the Specified Commercial Transactions Law is information necessary for customers to shop with peace of mind, so if it is written, it will also lead to peace of mind from customers.
In addition to complying with the law, preparing a large number of payment methods to improve customer convenience is one of the means to increase the reliability of the EC site.
SB Payment Service offers a wide variety of payment methods, including Mobile Carrier Billing, CVS Payment, and mobile payments, as well as Credit Card Payment. We also offer "Marketing support", which is a set of news release distribution and SNS marketing service, to support the opening of EC sites.
When considering opening an EC site, please contact SB Payment Service, which has many achievements.