ENGLISH

Online Shopping

Exchange

Paying the expenses for returning the purchased goods

Exchange during closure or suspension of business

Exchange

Exchange

- Generally, consumers are free to cancel their orders placed in e-commerce during the prescribed period (7 days in general) regardless of the content of the order (Article 17(1) of the 「Act on the Consumer Protection in Electronic Commerce, etc.」).

※ A purchase contract with a clause unilaterally disadvantageous to consumers (e.g., not allowing the cancellation of orders or return of goods) shall be invalid (Article 35 of the 「Act on the Consumer Protection in Electronic Commerce, etc.」).

- However, consumers shall not cancel an order or return goods if the online shopping mall business does not accept it, in any of the following cases (Article 17(2) of the 「Act on the Consumer Protection in Electronic Commerce, etc.」 and Article 21 of the 「Enforcement Decree of the Act on the Consumer Protection in Electronic Commerce, etc.」):

1. A good damaged to the extent that it does not function normally from an objective viewpoint (What is stated in the foregoing does not apply to a package unwrapped to check the content.);

2. Where the value of the good has substantially decreased due to a cause attributable to the consumer;

3. Where the value of the good has substantially decreased so as to cause difficulty in resale due to the passage of time;

4. Where the package of the reproducible good has been destroyed;

5. Where the provision of services or digital content prescribed in Article 2.5 of the Framework Act on the Promotion of Cultural Industries has started. However, in the case of a contract consisting of divisible services or divisible digital contents, the portion not provided for is excluded;

6. Where it is expected that a seller would suffer from irrecoverable severe damages if a consumer cancels an order or returns goods that are manufactured according to the order of the consumer and where the fact that it is impossible to cancel an order or return goods has been separately notified in advance with respect to the relevant transaction and the consumer's written consent (including electronic documents) has been obtained.

- In the case of goods, etc. for which it is impossible to cancel the order under sections 2 through 5 above, a mail order distributor shall employ methods, such as writing expressly the fact on the package of the goods, etc. or a place that is easily spotted by the consumer, or supplying test goods or other methods, and take the necessary measures so as not to encumber the exercise of the right to cancel, etc. the order. (Article 17(6) of the 「Act on the Consumer Protection in Electronic Commerce, etc.」) When the mail order distributor fails to take the measures above, the consumer may cancel the order, etc (Article 17(2) proviso of the 「Act on the Consumer Protection in Electronic Commerce, etc.」).

- However, if the consumer cannot cancel the order for digital content in paragraph 5 above, the online shopping business operator shall not interfere with the exercise of rights of canceling an order, etc. by supplying test goods in any of the following ways as well as marking the fact that it is impossible to cancel the order for the digital content, etc. (Proviso of Article 17(6) of the Act on the Consumer Protection in Electronic Commerce, etc. and Article 21-2 of the Enforcement Decree of the Act on the Consumer Protection in Electronic Commerce, etc.).

√ Permission for partial use: Provision of part of digital content by such means as preview or pre-listening, etc.

√ Permission for use for a limited time: Provision of digital content by setting a specific time period for use

√ Provision of digital contents for experience: Provision of digital content where only limited functions can be used

√ Where it is impractical to provide test goods, etc., by methods referred to in the above: Provision of information on digital content

Exchangeability

Q. The other day, I ordered a large-sized sports ball from an online shopping mall. Upon receiving the ball, I inflated it. I found that the fully inflated ball was too large for me. I contacted the business to exchange it with a smaller one, but the business said it could not accept the return of a ball inflated by a customer. It also said that a related notice was put up at its Internet site. Is there no way for me to exchange it with a smaller size? Its outward appearance has not been impaired a lot. The business did not put a notice on the impossibility of exchanging an inflated ball with another on the package at the time of delivery.

A. If the business put up a notice on the impossibility of accepting the return of a ball inflated by a customer, it is difficult for you to ask for the exchange of the ball. A consumer can cancel an order within 7 days, but it does not apply to cases wherein the value of the good has substantially decreased due to a cause attributable to the consumer. However, an order can be canceled where a package was unwrapped to check the content or the business failed to put a notice on the impossibility of order cancellation on the package.

Period for allowing exchange of purchased goods

- A customer may ask for exchange of the good ordered on the Internet with another within 7 days of delivery (Article 17(1) of the 「Act on the Consumer Protection in Electronic Commerce, etc.」).

- Where the contents of the goods, etc., are different from the contents of indication or advertisement, or have been performed contrary to the contents of the contract, the consumer may cancel the order, etc., within three months of the day the goods, etc., have been supplied or within 30 days of the day he/she knew, or could have known the fact (Article 17(3) of the 「Act on the Consumer Protection in Electronic Commerce, etc.」).