Although Qatar is full of fashion-savvy shoppers, many customers are not nearly as well informed when it comes to their legal rights in the event the special item that they just purchased turns out to be defective or unfit for their specified purposes. This article provides an overview of the Qatari legislation imposing on sellers an after-sale guarantee (Guarantee) on which buyers may rely to return the purchased item to the seller, oblige the seller to replace it with a non-defective item, or request the seller to repair it at the seller’s own expense.
Definition
Pursuant to Article (5) of the Consumer Protection Law, if the consumer discovers a defect in a delivered or purchased item, or if the item is unfit for the consumer’s specific purpose, or if the item does not satisfy the applicable standards, then a supplier is obliged to either accept the return of the defective item and to refund its price to the consumer, replace it with another item, or repair the item at its own expense.
According to Article (12) of the same law, a contract between a consumer and a seller should provide for the obligation of the seller to repair the item within a reasonable period of time or to accept the return of such item within a determined period after the discovery of the defect by the consumer. Any provision in the contract excluding this obligation is deemed to be void.
Furthermore, pursuant to Article (3) of the Consumer Protection Law, a supplier will be liable for any damage to the consumer or his property arising from the use of the defective product.
Consumers’ rights
The Consumer Protection Law has established a Consumer Protection Department (CPD) under the direction of the Ministry of Business and Trade. The CPD is entitled to protect consumers’ rights under the Consumer Protection Law, including without limitation, the right of consumers to the Guarantee. Consumers are entitled under the Consumer Protection Law to make complaints to the CPD against sellers. Complaints may be filed with the CPD by an email sent to its email address or by a telephone call to the specific telephone number(s) of the CPD dedicated to consumers’ complaints.
Additionally, consumers are allowed pursuant to Article (18) of the Consumer Protection Law to raise a criminal action before the relevant Qatari criminal court in case of refusal or failure of the seller to comply with the Guarantee. Such criminal action must be preceded by a written authorisation of the Minister of Business and Trade.
A seller who fails to comply with the Guarantee may be subject to imprisonment for a period not exceeding two years and/or a fine ranging between QAR 5,000 and QAR 50,000.
Scope of the Guarantee
The Guarantee as provided for under the Consumer Protection Law does not apply when the item is bought from a private seller (i.e. if the seller of the item was not acting in the course of business as a service provider, retailer, manufacturer, distributor, trader, exporter or importer of the item for the purpose of offering it or supplying it to consumers).
However, private sellers are not necessarily exempt from a guarantee. Although the Consumer Protection Law does not apply to private sellers, the items sold by a private seller are subject to an after sale guarantee provided for under Article (455) of the Qatari Civil Law number (22) of 2004 (Civil Code).
The Civil Code provides that a seller will guarantee the item if, at the date of its delivery, the item was defective in a way which would decrease its value or its fitness for the consumer’s specified purpose, even if the seller is not aware of such a defect.
Limit of the Guarantee
According to Article (457) of the Civil Code, a seller has no obligation to guarantee a defective item if, at the date of its delivery, the consumer was aware of the defect or was able to discover the defect by conducting a simple examination unless the seller asserts to the consumer that the item is not defective, or if the seller has hidden the defect on purpose.
Pursuant to Article (458) of the Civil Code, if, following the delivery of the item for sale, the consumer discovers a defect, he should notify the seller within a reasonable period. If the consumer fails to provide the required notification he loses his right to the Guarantee.
Furthermore, Article (461) of the Civil Code allows the seller and the consumer to contract out of the Guarantee or to limit it. However, any provision in the contract excluding or limiting the Guarantee will not be effective if the seller, at the date of delivery of the item, purposely conceals the defect.
Prescription of the Guarantee
Lawsuits arising from the Guarantee must be initiated by the consumer within a period of one year starting from the delivery of the item unless the seller agrees to extend it to a longer period. In a decision dated
The Court of Cassation pointed out that the prescription period relating to the Guarantee is one year in accordance with Article (462) of the Civil Code. However, the damage or injury arising from the defect should be subject to the general prescription period provided for under the Civil Code which is fifteen years starting from the date of the damage.
The Guarantee, either as provided under the Consumer Protection Law or the Civil Law, is deemed to provide comparatively robust protection for consumers when considered in relation to other jurisdictions in the Arab world and imposes considerable pressure on the seller to ensure the quality, the fitness, and the safety of the item being offered.
** This article is of a general nature only and is not legal advice and, therefore, should not be relied upon as such. Clyde & Co accepts no responsibility for any reliance on this article. For any further information in respect of legal issues, please contact Charbel Neaman or David Salt at [email protected] or [email protected]).