Japan Direct Marketing Association

REGULATIONS

GENERAL ETHICAL STANDARDS ENFORCED FOR DIRECT MARKETING

All JADMA members are required to comply with the following standards:


CHAPTER I. STANDARDS FOR INFORMATION

1. Sales Description


[1] Advertisements for direct marketing sales should respect the intention of the Specified Commercial Transactions Law and should clearly provide the following information: (1) Name of Seller
The official company name should always be provided.
(2) Address and Telephone Number
The address should not only be Post Office Box number, but the full address should be provided.
(3) Return Policy
Generally merchandise may be returned for refund. The return period and cost, the conditions when returns are not accepted such as a special order or peculiarity of the merchandise, should be indicated. The exchange policy and intermediate cancellation policy for serial sales (such as one item per month for 12 months) should be indicated as well.
(4) Incidental Costs
Incidental costs excluded in the merchandise price, such as delivery charges, packaging charges, assembly charges and handling charges (other than remittance charges) should be represented.
(5)Other Sale Conditions
The following information should be provided in accordance to the Specified Commercial Transaction Law:
-Sales price
-Payment due date and method
-Delivery period or date
-Effective sale period, if any
-Any special conditions such as limited quantity of merchandise available, or special sales agreements
-Catalogue availability upon request and its cost if it is not free
[2] When merchandise is sold under an installment payment plan, marketers should represent the terms and conditions of installment sales as prescribed in the law's provisions for Installment Sales:
-Regular cash price
-Installment price
-Payment terms and number of payments
-Rate of handling charges


2. Standards for Information on Merchandise


[1] Name of the merchandise and its characteristics (quality, material, performance, form, colour, weight, size, manufacturer, proper care, etc.) should be described to the extent possible in the advertisement.
[2] Advertising content on merchandise should conform to all relevant laws and Fair Competition Covenants.
[3] Descriptions of merchandise should conform to all relevant laws and Fair Competition Covenants.


3. Descriptions on Merchandise


[1] Descriptions on merchandise should comply with the Household Merchandise Quality Description Law, other relevant ordinances and the Fair Competition Covenants where applicable.
[2] Merchandise should carry information on the place of origin so as not to mislead consumers.
[3] If there is any instruction how to handle or take care of the merchandise, an instruction manual should be attached to the merchandise. A Japanese translation should be provided if the manual is written in a foreign language.


4. Standards for Description of Specific Matters


When making any of the following claims in an advertisement, etc., the claim should comply with the appropriate regulations as follows:
(1) Claims of Superiority
Comparison not based on the actual facts, or damaging statements regarding competing merchandise, should not be advertised in order to claim superiority. Comparisons of quality and performance should be expressed in definite numbers and the source of the information should be indicated.
(2) Superlative Claims
The superlative degree of the adjective should be supported by definite numbers and the source of the information should be indicated. Any expression which means "forever" and/or "perfect" should be used with caution, so as not to mislead consumers.
(3) Double Price Indication
Double price indication is permitted only when it is well-grounded and the comparative price is clearly described (i.e., market price, regular price, previous price, etc.). When the merchandise is not new and used, it should clearly be explained.
(4) Use of Numerical Values
When indicating quality and/or performance of merchandise by a numerical value, the method of measurement should be included.
(5) Claim of Recognition
When indicating any recognition from any public institutions or any prize won, the content of the recognition, the date and name of the institution or prize should be represented. (6) Testimony and Recommendations
Testimonies and recommendations should be trustworthy.
(7) Similar Advertisement
Marketers should respect the originality of expression in advertisement by other direct marketers and should refrain from copying them.


5. Presenting Premiums and Prizes


When presenting premiums and prizes, regulations for special merchandise should be observed and the amount permitted by the law should not be exceeded. Information regarding premiums and prizes should be given in a manner that will not cause any misunderstanding to consumers.



CHAPTER II. STANDARDS FOR MERCHANDISE

1. Standards Set by Laws and Regulations


Merchandise sold by direct marketing should comply with all laws and regulations as well as public orders and morals and should not invade the rights of others.


2. Standards for Safety


Merchandise sold by direct marketing should comply with the safety standards set by the relevant laws, and should not cause any danger in the normal range of misuse of the merchandise.


3. Standards for Description


Merchandise sold by direct marketing should carry proper descriptions as required by the relevant laws, as well as appropriate information for consumers to select and take care of the merchandise.



CHAPTER III. STANDARDS FOR CUSTOMER SERVICE

1. Customer Service


The phone number and the address of the customer service office should be included with the merchandise when shipped.


2. Issuance of Installment Sales Agreement


Upon the completion of an installment sale, a written agreement should be supplied to the buyer as required by the Installment Sales Law.


3. Prepayment Sale


If a consumer has to pay all or a part of the price before they receive the merchandise, the ordered merchandise or acknowledgment of the order receipt should be sent to the consumer upon the receipt of the payment without any delay, as required by the Door to Door Sales Law.


4. Unorderd Merchandise


Consumers have the liberty of refusing unordered merchandise. In such a case, the marketer should withdraw the merchandise immediately. After a certain period of time in compliance with Specified Commercial Transaction Law, the marketer should not request the return of such merchandise.


5. Cancellation before Delivery


Any cancellation before delivery of the merchandise should be accepted unless it is a special order.


6. Broken, Spoiled or Incorrect Merchandise


Marketers should refund or exchange merchandise broken and/or spoiled due to delivery, as well as incorrect merchandise without charging any extra cost to customers.


7. Delay of Delivery


If the delivery date should be delayed further than the said period, the marketer should notify the delay to the customers immediately. Cancellations due to this delay should be accepted unconditionally.


8. Customers' Lists


The following requests from customers should be immediately taken care of:
1) Deletion of his/her name from the customers' list.
2) Disclosure of the list contents on him/herself and correction of incorrect information on him/herself.


9. Telephone Marketing


Telephone contacts should be made during reasonable hours, and should not be made in the late night or early morning hours. Marketers should respect the customer's preference when telephoning the customer at his/her work place.





Japan Direct Marketing Association

Formulated on 17th February, 1984

Partially modified on 8th March, 1994