Act on Special Provisions to the Civil Code

Concerning Electronic Consumer Contracts and

Electronic Acceptance Notice

(Act No. 95 of June 29, 2001)

(Purpose)

Article 1 This Act shall provide special provisions to the Civil Code (Act No. 89

of 1896) in cases where there is a certain mistake in the elements comprising

an electronic consumer contract executed by a consumer and an electronic

acceptance notice is dispatched by a consumer with respect to a contract made

by persons at a distance.

(Definitions)

Article 2 (1) In this Act, an "electronic consumer contract" means a contract that

is made between a consumer and a business entity by electromagnetic method

through a visual browser of a computer in cases where the consumer manifests

his/her intention to make an offer or to accept the offer by transmitting his/her

intention through his/her computer in accordance with the procedures prepared

on this visual browser by the business entity or its designee.

(2) In this Act, "consumer" means an individual (excluding the cases where an

individual becomes a party to a contract as his/her business or for his/her

business), and "business entity" means a juridical person, other organization,

or an individual becoming a party to the contract as his/her business or for

his/her business.

(3) In this Act, "electromagnetic method" means a method using electronic

information processing system or other types of information communication

technology.

(4) In this Act, "electronic acceptance notice" means an acceptance notice to the

offer of a contract which is, among electromagnetic methods, given by means of

transmission through a telecommunication line connecting a computer, etc.

(meaning a computer, a facsimile device, a telex or a telephone, the same shall

apply hereinafter) used by the party dispatching the acceptance notice to the

offer of the contract with a computer, etc. used by the offer or of the said

contract.

(Special Provisions to the Civil Code Concerning Electronic Consumer

Contracts)

Article 3 The proviso to Article 95 of the Civil Code shall not apply to the cases

where there is a mistake regarding any element in an electronic consumer

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contract in the course of making an offer or accepting the offer for an electronic

consumer contract by a consumer, and when such mistake falls under any of

the following items; provided, however, that this shall not apply to the cases

where the business entity that is the counterparty to such electronic consumer

contract (including the person entrusted by the business entity, the same shall

apply hereinafter) has taken measures to confirm the consumer's intention to

make an offer or to accept the offer by electromagnetic means on the visual

browser, or where the consumer manifests expressly his/her intention to the

business entity that there is no need for such confirmation measures.

(i) Where the consumer did not intend to manifest his/her intentions to make

an offer or to accept the offer for an electronic consumer contract with such

business entity at the time when he/she transmitted such manifestation of

intention by using his/her computer.

(ii) Where the consumer intended to manifest his/her intention different from

the one actually manifested in making an offer or accepting the offer for the

relevant electronic consumer contract at the time when he/she transmitted

such manifestation of intention by using his/her computer.

(Special Provision to the Civil Code Concerning Electronic Acceptance Notice)

Article 4 The provisions of Article 526, Paragraph 1 and Article 527 of the Civil

Code shall not apply to the cases where an electronic acceptance notice is

dispatched for a contract made between persons at a distance.

Supplementary Provisions

(Effective Date)

(1) This Act shall come into force as from the date specified by a Cabinet Order

within a period not exceeding six months from the day of promulgation.

(Transitional Measures)

(2) With regard to the electronic consumer contracts for which the intention to

offer or to accept was manifested prior to the enforcement of this Act, the

provisions then in force shall remain applicable.

(3) With regard to the electronic acceptance notices that were dispatched for a

contract made between persons at a distance prior to the enforcement of this

Act, the provisions then in force shall remain applicable.

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