Shopping Problems: Vitiating Satisfaction

As we do shopping at a mall, we may face some conditions that breach the likely contractual process (buying or selling) and turn it into a defective process. This may prevent us from achieving our goals to own a specific product due to unfair price or not meeting expectations. In such a case, we will experience a state of "vitiating satisfaction."

Satisfaction here refers to a flawless conformity between the will of the seller and that of the buyer established during a contractual process (buying or selling).

However, vitiating satisfaction factors may come to surface — including committing contractual mistakes, exploitation, compulsion, fraud, or cheating — and undermine the contractual process.

We must examine and understand such factors to know whether or not satisfaction has been achieved, as well as on how to deal with these conditions.

According to one of the publications of the Legal & Judicial Studies Center's for Legal Awareness, here are some of the shopping problems and how to deal with them in Qatar:

Contractual Mistake:

It is a mistaken perception created in the mind of the contractor and directs him/her to adopt an unrealistic belief leading him/her to enter a contractual relationship

Example:

This may occur when I point to a specific product, yet the seller thinks I mean a different product placed next to it. Eventually, the vendor sells it to me and I pay for it, but I find out later that it is not the product I wanted in the first place.

How to Deal with It:

I have the right to return the item to the seller and obtain restitution of the price of product or get it replaced with the product I originally meant to buy.

2 - Exploitation

Exploitation is defined as taking advantage of the contractor's obvious indiscretion or uncontrollable desire with an aim to push her/him to conclude a particular contract, by the virtue of which the contractor shall make certain commitments that are by no means equal to the compensation to be obtained by contractor, or they may provide the contractor with no compensation.

Example:

To sell a product, a vendor, who knows that a buyer is looking for this specific product and desperately wants to get it, may give the buyer a false impression that it is the last piece in market and that he would miss the chance to have it if he decides not to buy from him. The seller seeks to sell the product at a price that is extremely higher than its actual price, taking advantage of the buyer's strong and urgent desire.

Another Example:

As he knows that a buyer has to organize an urgent event, a seller deceives the buyer by claiming he is the only one who can carry out such a mission.

How to Deal with It:

I have the right to return to the seller; keep it and get a balance refunded that is determined according to prices provided by other stores selling the same product; or modify the value of my commitment to become more reasonable.

3 - Compulsion:

It is defined as an act of materially and morally forcing someone to unlawfully do something against her/his will.

Example:

A seller may frighten a buyer by locking her/him up in his shop and yelling and expressing anger at the buyer for taking long to decide on the purchase, which is a waste of time.

By doing so, the vendor forces the buyer to make the deal without giving her/him a chance to refuse.

How to Deal with It:

I have the right to return the product and obtain restitution of its price.

4 - Fraud:

It means that one contracting party deceives the other by means of fraudulent practices by words or action in order to bring her/him satisfaction — the practices without which the buyer would never be satisfied.

Example:

A vendor may mention some features in description of a particular commodity — such as claiming a vacuum clearing performance is 100%, but after you purchase and use it, you find out that the performance is just 70%.

How to Deal With It:

I have the right to return the product to the seller and get it reimbursed.

5 - Cheating

The value of payment made by a buyer to a seller to obtain a product has to be fairly equal to the value of the product itself. However, it will be a case of cheating if there is inequality. We would call it "extravagant cheating" if the value of payment (price) is extremely high.

Example:

It is considered a case of cheating when a travel bag is sold at one store for QAR 500 and for QAR 400 at the store next door.

How to Deal With It:

I have the right to return the item to the seller and get payment or balance reimbursed that is determined according to prices provided by other stores selling the same product.