| SECTION 3. (Mail Order Sales)
Article 11. Advertisements pertaining to Mail Order Sales
In the case where a seller or service provider conducts an
advertisement pertaining to the terms and conditions of a
mail order sale of a designated product, a designated right
or a designated service, he or she shall indicate the following
matters in the said advertisement as prescribed by the relevant
Ministry of Economy, Trade and Industry Ordinance; provide,
however, that when the seller or service provider indicates
in the advertisement that upon demand, documentation stating
the following matters is issued without delay in writing or
provided without delay in the form of an electronic record
( a record made through electronic or magnetic means which
cannot be recognized by the human senses but can be decoded
by computer data processing), he or she may omit a portion
of the matters from the said advertisement as set forth by
the relevantMinistry of Economy, Trade and Industry Ordinance:
- the sales price of the product or right sold or consideration
for the service offered (or the sales price and delivery
charge when the delivery charge is not included in the above
sales price);
- the time and method of payment pertaining to the price
of the product or right sold or the consideration for the
service offered;
- the time of delivery of the product or completion of the
transference or offer of the right or service;
- matters related to special arrangements pertaining to
the recovery or return of the product or right after the
delivery or completion of transference thereof (or when
there are no such special arrangements, that fact);
- in addition to those listed in the previous items, special
matters prescribed by the relevant Ministry of Economy,
Trade and Industry Ordinance.
Article 12. Prohibition of Exaggerated Advertising, etc.
In the case where a seller or service provider conducts advertising
pertaining to the terms and conditions for a mail order sale
of a designated product, designated right or designated service,
he or she shall not label the product, right or service with
what is far from the truth, what appears far better than the
actual product, right or service, or what may cause people
to misunderstand that the product, right or service is more
beneficial than it actually is, with regard to the performance
of the relevant product or the contents of ther relevant right
or service, and special arrangements pertaining to the recovery
or return of the product or right after the product or right
has been delivered or transferred, as well as other matters
set forthe by the relevant Ministry of Economy, Trade and
Industry Ordinance.
Article 13. Notice of Acceptance, Etc. in Mail Order Sales
Ina mail order sales scheme where a seller or a service provider
is to receive from the person who has made a request for a
sales contract or a service offer contract pertaining to a
designated product, right or service all or a part of the
price or consideration therefore, prior to the delivery of
the relevant product, the transference of the relevant right
or the offer of the relevant service, when the seller or service
provider has received by mail a request for such sales contract
or service offer contract as well as all or part of the price
or consideration therefore, he or she shall notify that person
in writing without delay, whther he or she accepts or does
not accept such request (or when he or she had previously
given notice to the requester prior to receipt of the price
or consideration therefor, as to whether the request would
be accepted or not, the content of that notice), as well as
other matters set forth by the relevant Ministry of Economy,
Trade and Industry Ordinance; provided, however, that this
restriction shall not be applied to a case wherethe seller
or service provider has already delivered the relevant product,
or completed the transference or offer of the relevant right
or service without delay after having received all or part
of the price or consideration therefor.
Article 13.2
As an alternative to give notice in writing as set forth
in the context of the preceding Paragraph, in accordance with
the relevant Cabinet Order and with the consent of the person
who made the relevant request, a seller or a service provider
may give notification of the relevant matters through an electronic
data processing organization or other media using information-communication
technology as prescribed by the relevant Ministry of Economy,
Trade and Industry Ordinance. In this case, the relevant seller
or service provider shall be deemed to have given notice in
the relevant document.
Article 14 Governmentao Order
In the case where a seller or a service provider violates
the provisions set forthe in Article11. Article 12 or Paragraph
1 of the preceding Article or in the case where the seller
or the service provider takes action to have his or her customer
request a sales contract or service offer contract by being
contrary to the customer's wishes as set forth by the relevant
Ministry of Economy, Trade and Industry Ordinance, the relevant
Minister may order that seller or provider to take necessary
measures when the competentMinister deems that the fairness
of transactions pertaining to mail order sales and the interests
of the purchaser of goods or rights or the recipient of service
may be harmed.
Article 15 Suspension of Business, etc.
In the case where a seller or a service provider violates
the provisions set forthe in Article11. Article 12 or Paragraph
1 of Article13 of this Law and the competent Minister deems
that the fairness of transactions pertaining to mail order
sales and the interests of the purchaser or recipient thereof
may be markedly threatened, or in the case where the seller
or provider does not follow the relevant govenmental order
under the provisions of the preceding Article, the competent
Minister may order the seller or provider to suspend all or
part of his or her mail order sales business for a maximum
of one year.
Article 15.2
When the competent Minister gives an order under the provisions
of the preceding Paragraph, he or she shall publicly announce
the effect.
|
