Question from a reader:
I have been experiencing issues with my feet and have been purchasing shoes from a privately-owned shoe store. This summer, I thought about buying sandals and inquired about them. The store owner unilaterally suggested sandals and told me that once I ordered them, I couldn’t cancel. Since one pair is quite expensive, I explained that it would
be impossible to order without seeing the material and color, and I was told that if they were ordered, I would have to buy them. When I asked if they had the same sandals in different sizes in the store, I was told they did, so I communicated that I would decide after seeing the actual items. Since they are expensive, I cannot make a decision based on just photos. I conveyed this about ten days ago, but yesterday I received an email stating that they would be ordering two pairs of sandals and that if I didn’t want them, I should cancel by 2 PM today. I just saw that email a moment ago, and of course, I didn’t request that, and I had informed them that I would decide after seeing them in the store, so I declined. I told them I wouldn’t be buying from that store in the future, but it’s unfortunate because it’s conveniently located about 20 minutes by bus. Although there had been some communication issues, I was satisfied with the products and had purchased several pairs of shoes. I am confused by this sudden strange selling method. I was planning to buy about two pairs in the fall, but what kind of business practice is this? I would particularly like to hear opinions from those who run privately-owned stores.
Introduction
This case highlights the need for important considerations regarding communication failures between customers and privately-owned shoe stores, as well as legal issues in commercial transactions. The store owner’s unilateral decision to order items without properly responding to the customer’s inquiry led to a situation where the customer’s wishes were ignored, ultimately resulting in a loss of trust. Such troubles are not uncommon, especially in privately-owned stores, but from a legal perspective, it is necessary to consider how customer rights should be protected.
Legal Analysis
Formation of Sales Contracts
A key point in this case is how a sales contract is formed. Generally, a sales contract is established through “offer” and “acceptance.” When a customer expresses a desire to purchase sandals, the store must respond appropriately to that request. However, if the store owner decides to order items without the customer’s consent, it becomes a “unilateral act” that ignores the customer’s intentions, which poses legal issues. Particularly, if the customer has communicated that they want to decide after seeing the actual items, and the store owner ignores this and proceeds with the order, it can be said that the necessary agreement for the formation of the contract is insufficient. Furthermore, if the customer is presented with conditions stating “no cancellations,” the reasonableness of those conditions also comes into question.
Application of Consumer Contract Law
Under Japan’s Consumer Contract Law, unfair contract terms that disadvantage consumers can be deemed invalid. In this case, the customer’s objection to the condition of “if ordered, you must buy” is an important action to protect consumer rights. Article 8 of the Consumer Contract Law recognizes the invalidity of unfair contract terms, allowing the customer to assert their rights based on this law.
Relevant Laws on Mail Order Sales
While this trouble pertains to in-store sales, laws regarding mail order sales are also relevant. If a customer wishes to order items, the store has an obligation to clearly explain the conditions regarding that order. Especially since it involves high-priced items, thorough explanations are required for the customer. If this obligation is neglected, the customer may also consider asserting the invalidity of the contract.
Practical Advice
Do Not Neglect Pre-Confirmation
As a customer, it is important not to neglect pre-confirmation with the store. You should clearly confirm points such as “If I wish to order, can I cancel?” and “What are the responsibilities if I order?” Additionally, it is beneficial to confirm these details not only through verbal communication but also via email or written confirmation to help avoid future troubles.
Importance of Complaint Handling
In the event that a problem arises with the store, it is important to promptly communicate your complaint. In this case, it is necessary to calmly express your opinion and explain it in a way that the other party can easily understand. For example, stating specifically that “I am dissatisfied because my communicated conditions were ignored” may help the store find room for improvement.
Future Options
Considering this incident, the following options can be contemplated for the future: 1. Utilizing other stores: It would be wise to refrain from purchasing from this store. Look for other shoe stores and consider buying from a trustworthy establishment. 2. Using online shops: In recent years, purchasing shoes online has become common. Many shops allow for easy confirmation of size and design, and also offer return and exchange options. 3. Checking reviews: When selecting a new store, it is important to check reviews in advance. Referring to the experiences of other customers can help you choose a reliable store.
Conclusion
This case arose from a communication failure between the customer and the store. Legally, it is necessary to consider the importance of agreement in the formation of sales contracts and the application of consumer contract law. As a customer, pre-confirmation and complaint handling are required, while there are also diverse options available for finding trustworthy stores. In privately-owned establishments, the diversity of business styles makes building a trusting relationship with customers the key to success. However, responses that ignore customer intentions, like in this case, can pose long-term risks. As consumers, it is essential to protect your rights while establishing good relationships with reliable stores.
