英語(English)

Aimed at foreign nationals living in Japan, we introduce information about consumer affairs problems that may occur in your daily life, including things to be wary of and how to deal with them.

日本で生活する外国人の方が、身近に起こりうる消費生活トラブルについて、注意点と対処法を紹介しています。

Troubles relating to the sales method, contract, quality, or price when purchasing a product or utilizing a service. 
Examples)

・The product you bought online never arrived.

・You received a bill from a website that you don’t remember using.

・Etc. 

If possible, please call or come to the Center with someone who speaks Japanese.
If you need an interpreter, we can provide one over the phone through the Tokushima International Strategies Center.

English, Chinese, Vietnamese, Korean, Indonesian, Thai, Malay, Tagalog, Nepalese, Burmese, Khmer, Portuguese, Spanish, French, German, Italian, Russian, Mongolian

Tokushima Consumer Information Center accepts requests from foreigners for consumer affairs consultation.
If you have trouble or are worried, please request consultation as soon as possible.

Phone: 088-623-0110

Business Hours: 9:00-18:00 (until 16:00 on weekends) 
*The Center is closed on Wednesdays, national holidays, and for the year-end/New Year’s holiday.
*In-person consultation is available from 10:00.

Location: 7F Amico Building East Wing, 1-5 Terashimahoncho Nishi, Tokushima-shi

*Consultation is free (however, phone fees will be incurred).
*If you have any documents relating to the consultation, please bring them.

Q1 You are shopping at a store. Which of the following indicates when a contract has been completed?

(1) When you have said to the salesperson, ‘May I have this (product), please?’

(2) When the salesperson has said, ‘Yes, of course.’

(3) When you have paid the salesperson for the product

(4) When you have received the product and receipt (of payment) from the salesperson

Q2 You want to give your girlfriend a necklace as a present and go to a store and buy one. However, before you can give her the present, you break up and you have no one to give the necklace to. Can you return the necklace to the store?

(1) You can’t return it

(2) If you have the receipt and it is within 1 week from the purchase, you can return it

If you haven’t opened the wrapping, you can return it

Q3 I ordered what I thought was a beautiful M-size shirt from an online store. However, when I tried on the shirt after it arrived, I found it was smaller than I had thought. The shirt that arrived was M-size as I had ordered, however, it was small and I want to return it. Which of the following is the correct situation for an item to be returned?

(1) It can be returned within 8 days of the date the order was confirmed

(2) The cooling off system (unconditional termination of a contract) does not apply to online shopping, therefore, you will have to comply with the dealers conditions for the return of purchases.

(3) You can return it anytime.

Q4 The cooling off system is a system whereby a customer can, within a certain period, unconditionally cancel a contract for a door-to-door sales which they inadvertently entered into or a high risk multi-layered sales deal.

With that information, in which of the following situations can the cooling off system be used? Answer with O or X.

(1) 7 days prior you signed a contract with a door-to-door salesperson to have your roof repaired. The work was completed yesterday but the cost was too expensive and you want to use the cooling off system.

(2) 5 days ago, using telemarketing, you purchased cream to remove wrinkles. You tried the cream, but it wasn’t effective and you want to use the cooling off system.

(3) 3 days ago a dealer suddenly arrived at your house saying, ‘I’ll buy your jewelry at a good price’ and you signed a contract with him, however, you don’t want to sell your jewelry and want to use the cooling off system.

A1

(2) When the salesperson has said, ‘Yes, of course.’

Explanation

When the customer and seller have both agreed on the content of the contract (product content, price, when the product is to be given to the customer, etc.,) a contract is completed. In other words, a verbal promise completes a contract. A written contract, a seal, or a signature are used for later proof of a contract. *

In the above question, in response to the customer’s request, ‘May I have this (product), please? ’ the salesperson responded, ‘Yes’. At that point, the contract was finalized. The customer has the duty to pay for the product and the salesperson has the duty to give the product to the customer.

*Depending on the content of the contract, it may be compulsory to make a written contract.

When the contract is of an expensive nature or if there is a continuous nature of the contract, different laws may apply and a written contact may be necessary.

A2

(1) You can’t return it

Explanation

As explained in the first question (Q1) a contract has been made between the store and the customer. Since a contract is ‘a promise carrying legal responsibilities’, there are restrictions involved. Since both parties have made a mutual agreement, except in situations such as defects in a product, etc., neither you nor the seller can arbitrarily end the contract.

A receipt is a written record of the store receiving payment. If you have a receipt, and the product has not been used and a number of days have not passed since the contract (purchase), a store may agree to accept the return of the purchased item or change it. This is a voluntary service provided by the store to meet the needs or requests of its customers. The store has no legal obligation to accept the return of the purchased item.

A3

(1) The cooling off system does not apply to online shopping, therefore, you will have to comply with the dealers’ conditions for the return of purchases.

Explanation

Since online shopping, TV shopping, etc. fall under home (mail-order) shopping, the cooling off system does not apply. For returning or exchanging purchased items, the dealer’s conditions must be followed. If it is not a special contract, a ‘request to cancel the contract’ can be sent within 8 days from receiving the goods, including the day of receiving them. The cost of returning the goods is borne by the consumer. Before placing an order, it is important to check the terms and conditions.

What is the cooling off system?

Although you didn’t think you were being persuaded, you made a contract (placed an order), however, you decide you want to terminate it. The cooling off system can be used to unconditionally cancel (terminate) the order. The law applies to door-to-door sales, telemarketing sales, etc. You are required to send a notification within 8 days from receiving documents (20 days for multilevel marketing transactions). Notifications can be made in paper form, e-mail, or SNS.

For details about the cooling off system, see below

A4

(1) O The cooling off system applies to door-to-door sales. The cooling off system can be used even if the reform work has finished, if it is within the 8th day of the contract (for door-to-door sales).

(2) X Telemarketing is covered by the cooling off system, however, the cooling off system does not apply to consumable items such as cosmetics, health products, detergents, etc. listed in the law which have been used.

(3) O When a dealer makes a contract to buy goods other than in a store, the sale is regarded as a ‘door-to-door purchase’ and so the cooling off system applies. During the cooling off period the customer can refuse to hand over the goods.