The Guidelines related to "Conduct making Customer Offer a Contract against his/herWill" in Internet Mail Order
Article 14, paragraph (1), item (ii) of the Specified Commercial Transactions Act specifies
that, if sellers or service providers have engaged in conduct "which is specified byordinance of the competent ministry as the conduct through which the relevant personsought to cause a customer to offer a sales contract or service contract against thecustomer's will" and the competent minister finds that the conduct is likely to prejudice
the fairness of a transaction and the interests of the purchaser, the competent ministermay give instructions to the sellers or the service providers.
Based on this provision, the specific contents of "the conduct through which the relevant
person sought to cause a customer to offer a contract against the customer's will" arespecified in Article 16, paragraph (1) of the ordinance, of which item (i) and (ii) areprovisions for Internet Mail Order (conduct that falls under either item (i) or item (ii)
are subject to instruction), and item (iii) is a provision for offer by postcard.
[Provisions of Article 16, paragraph (1) of the ordinance](i) When receiving an application for an electronic contract (which means a sales contract
or a service contract concluded between the seller or the service provider and thecustomer by a method with an electronic data processing system or other informationand communications technology through computer screens, for which an offer is madewhen the customer sends the application from the computer used in accordance with theprocedure that is displayed on the screen by the seller, the service provider, or a person
entrusted by the seller or the service provider; the same shall apply in this item and thefollowing item), the seller or the service provider fails to indicate that the computer
operations pertaining to the electronic contract (limited to those that constitute an offer
for said electronic contract; the same shall apply in the following item) will constitute anoffer for said electronic contract, in a manner easily recognizable by the customer when
conducting said operations.
(ii) When receiving an application for an electronic contract, the seller or the service
provider fails to allow the customer to easily confirm and correct the details of the offer
when conducting the computer operations pertaining to the electronic contract.

1. Item (i) (indication that it leads to an offer)(1) Item (i) provides for cases where a button is not indicated in a manner that enables
consumers to easily recognize that clicking on the button leads to a chargeable offer inInternet Mail Order.
(2) The following cases are generally considered not to fall under the conduct specified
in item (i).
A. Cases where a screen with a title like "Confirmation of order contents" (a so-called
final confirmation screen) is always displayed in the final stage of an offer, and the offer
is not made until a button with an indication like "Order these contents" is clicked(Reference: [Screen example 1])
B. Cases where it is clearly indicated that the operation is for finalizing the offer, by
taking the following measures even if there is no so-called final confirmation screen(Reference: [Screen example 2])(a) "I will purchase (order, make an offer for) the above goods" is indicated as the text on
a button for finalizing the offer.
(b) There is a display of "Will you purchase (order, make an offer for) it?" near the buttonfor finalizing the offer and "Yes" is indicated as the text of the button.
(3) The following cases may fall under the conduct specified in item (i).
A. Cases where a term such as "Send" instead of "Purchase (order, make an offer)" isindicated on the button for finalizing the offer, and there are no indications anywhere on
the screen that clarify that the button is for "making an offer" (Reference: [Screenexample 3])
B. Cases where there is a misleading indication that gives an erroneous impression that
it is not a contract for value, such as the indication of "Gift" near the button for finalizing
the offer
2. Item (ii) (Provision of opportunities for confirmation and correction)

(1) Item (ii) provides for cases where measures are not taken so as to enable consumers
to easily confirm and correct the details of the offer while making the offer in Internet
Mail Order.
(2) Cases where the following I and II are both met are generally considered not to fallunder the conduct specified in item (ii) (Reference: [Screen example 1], [Screen example4])
I. The details of the offer can be easily confirmed by taking any of the following measuresin the final stage of an offer.
A. Case where the details of the offer are displayed on the screen in the final stage of anoffer
B. Case where a button like "Confirm the order contents" is presented, and the details of
the offer can be confirmed by clicking it even if the details themselves are not indicatedon the screen in the final stage of an offer. Or cases where there is an explanation like
"Please go back to the previous page using the back button of the browser if you want toconfirm the details."
II. The details of the offer can be easily corrected by taking any of the following measures
after the details were confirmed during I.
A. Cases where a button like "Modify" or "Cancel" is provided on the screen in the final
stage of an offer, and the offer can be corrected by clicking on the button
B. Cases where there is an explanation like "Please go back to the previous page using
the back button of the browser if you want to make corrections" on the screen in the final
stage of an offer(3) The following cases may fall under the conduct specified in item (ii).
A. Cases where the details of the offer are not indicated, and measures for confirming
them (providing a button like "Confirm the order contents" or the explanation of "Please
use the back button of the browser to go back to the previous page") are not provided onthe screen in the final stage of an offer (Reference: [Screen example 5])
B. Cases where measures for correcting the contents (providing a button like "Modify" or
the explanation of "Please use the back button of the browser to go back to the previouspage") are not provided on the screen in the final stage of an offer (Reference: [Screenexample 5])
C. Cases where the details of the offer are preset in a way that is not generally
assumable, such as cases where a pre-setting is made so that an offeror will purchasemore than one of the same good (unless changed by the offeror), and the offeror will be
led to make such offer without recognizing its details unless being very cautious(Reference: [Screen example 6])