Japan's display duty for the “final confirmation screen” in online mail-order sales — a right to rescind the application where the display misleads (1 June 2022)
Source material is a Japanese government announcement (in Japanese); this page is a summary.
In Japan, from 1 June 2022, the final confirmation screen in online mail-order sales must show 6 items: the quantity; the selling price (including the shipping charge); the time and method of payment; the time of delivery; any provision on the application period; and matters concerning withdrawal or rescission. A consumer who was actually misled by a breach of the display duty or by a prohibited misleading display may rescind the manifestation of intention to apply where the case falls under one of the four types set out in Article 15-4 of the Act on Specified Commercial Transactions (the Consumer Affairs Agency's own wording is that the consumer “may possibly be able to rescind”).
Key facts
| Effective date | 1 June 2022 (1 June Reiwa 4). This node is limited to the provisions of the amended Act on Specified Commercial Transactions concerning the display duty for the final confirmation screen and the right of rescission |
|---|---|
| Transactions covered (“specified application”) | Where a consumer applies by filling in the contents of the order on a document in the prescribed form prepared by the business operator, or where the consumer applies in mail-order sales using the internet |
| The 6 items that must be displayed | ① the quantity ② the selling price or consideration (the shipping charge must also be shown) ③ the time and method of payment of the price or consideration ④ the time of delivery of the goods (the time of transfer of rights or of provision of services) ⑤ where there is a provision on the application period, its purport and contents ⑥ matters concerning withdrawal of, or rescission of, the application for the contract (including the contents of any special provision on returns) |
| Prohibited displays | Displays that mislead as to the fact that an application for a contract is being made, and displays that mislead as to the matters listed above |
| Right of rescission (Article 15-4 of the Act) | ① where a false display was made in breach of the display duty under Article 12-6 paragraph 1 and the consumer understood that display to be true ② where the display was not made in breach of the display duty under Article 12-6 paragraph 1 and the consumer understood that the undisplayed matter did not exist ③ where a display prohibited under Article 12-6 paragraph 2 item 1 was made and the consumer thereby understood that sending the document or transmitting the information would not constitute an application ④ where a display prohibited under Article 12-6 paragraph 2 item 2 was made and the consumer thereby misunderstood the matters displayed — in these cases the manifestation of intention to apply may be rescinded |
| Governing provisions and division of sources | Act on Specified Commercial Transactions Article 12-6 (display when receiving a specified application), Article 15-4 (rescission of the manifestation of intention to apply) and Article 15-3 (withdrawal or rescission of an application). The source for the effective date (2022-06-01) is the Consumer Affairs Agency's information page, and the source for the article numbers, the 6 display items and the four types under the right of rescission is the Consumer Affairs Agency's 「特定商取引法ガイド(通信販売)」. That guide states 「以下の内容は概要です。詳しくは、特定商取引法の条文の該当部分を御覧ください。」 |
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Japan's Consumer Affairs Agency announced that, from 1 June 2022, the display on the screen where the contents of an order are confirmed in mail-order sales becomes clearer. This display duty is set out in Article 12-6 of the Act on Specified Commercial Transactions (特定商取引法) (display when receiving a specified application), which requires the final confirmation screen in online mail-order sales to show the quantity, the selling price, the time and method of payment of the price, the time of delivery of the goods, any provision on the application period, and matters concerning withdrawal of, or rescission of, the application. The selling price must be shown together with the shipping charge, and where there is a special provision on returns its contents are included in the matters concerning withdrawal and rescission. Displays that mislead as to the fact that an application for a contract is being made, and displays that mislead as to the matters listed above, are also prohibited. The Consumer Affairs Agency states that a consumer who made an application on or after 1 June 2022 because of a misleading display “may possibly be able to rescind the contract”, and rescission is available where the case falls under one of the four types of misunderstanding set out in Article 15-4 of the Act on Specified Commercial Transactions. The Consumer Affairs Agency presents these display provisions together with a warning about subscription-purchase (定期購入) trouble. This node is limited to the provisions of the amended Act on Specified Commercial Transactions concerning the display duty for the final confirmation screen and the right of rescission.
Summaries below are factual notes based on government announcements and primary sources — not evaluations or opinions.
Summaries reflect national-level programs. Municipal (city/ward/town) programs may differ — confirm with the official desk before applying.
FAQ
If someone thought it was a trial but it turned out to be a subscription purchase, can the contract be rescinded?
Where a false display was made in breach of the display duty for the final confirmation screen and the consumer understood it to be true; where a matter that should have been displayed was not displayed and the consumer understood that the matter did not exist; where a prohibited display was made and the consumer thereby understood that sending the document or transmitting the information would not constitute an application; or where a prohibited display was made and the consumer thereby misunderstood the matters displayed — if the case falls under one of these four types set out in Article 15-4 of the Act on Specified Commercial Transactions, the manifestation of intention to apply may be rescinded. The Consumer Affairs Agency describes this as “there is a possibility of being able to rescind”. The Consumer Affairs Agency advises consumers to check the necessary items on the screen before confirming an order.
Is the price alone enough on the final confirmation screen?
No. The quantity, the selling price (including the shipping charge), the time and method of payment of the price, the time of delivery of the goods, the purport and contents of any provision on the application period, and matters concerning withdrawal of, or rescission of, the application (including the contents of any special provision on returns) must all be displayed.
Can goods received in mail-order sales be returned?
Article 15-3 of the Act on Specified Commercial Transactions provides that in mail-order sales a consumer may withdraw or rescind the application within 8 days counting from the day on which the goods were delivered (or the specified right was transferred), and may return the goods bearing the shipping charge. Where the business operator has displayed in advance in its advertisement a special provision concerning that withdrawal or rescission, however, that special provision applies.