Making a Purchase - Revision history

Drew Jackson at 19:41, 25 April 2017

2017-04-25T19:41:20Z

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	\|lessonname= Consumer Law Lesson Module}}{{REVIEWEDPLS \| reviewer = [[People's Law School]]\|date= March 2017}}{{Consumer Law Essentials TOC}}		\|lessonname= Consumer Law Lesson Module}}{{REVIEWEDPLS \| reviewer = [[People's Law School]]\|date= March 2017}}{{Consumer Law Essentials TOC}}
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	When you make a purchase, you are making a '''contract'''. A contract is a legally enforceable agreement. As parties to the agreement, you and the seller have certain legal rights and obligations.		When you make a purchase, you are making a '''contract'''. A contract is a legally enforceable agreement. As parties to the agreement, you and the seller have certain legal rights and obligations.
	==The seller must not mislead you==		==The seller must not mislead you==

Drew Jackson: /* You can change your mind (for some purchases) */

2017-04-25T19:39:21Z

You can change your mind (for some purchases)

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	* for '''cellphone service''': you have a cooling-off period of 15 days after your cellphone service begins		* for '''cellphone service''': you have a cooling-off period of 15 days after your cellphone service begins
	* to '''lease a car''': you have a one clear day cooling-off period after you sign the lease		* to '''lease a car''': you have a one clear day cooling-off period after you sign the lease
	* to '''buy a newly-built condo''': you have a cooling-off period of seven days after you sign the contract or acknowledge seeing the developer’s disclosure statement, whichever comes later		* to '''buy a newly-built condo''': you have a cooling-off period of seven days after you sign the contract or acknowledge seeing the developer’s <span class="noglossary">disclosure</span> statement, whichever comes later

	===Giving notice during the cooling-off period===		===Giving notice during the cooling-off period===

Drew Jackson: /* Should you buy an extended warranty? */

2017-04-25T19:37:03Z

Should you buy an extended warranty?

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	===Should you buy an extended warranty?===		===Should you buy an extended warranty?===
	When you make a purchase, the seller may suggest you buy an “extended '''warranty'''”. This is the seller’s promise to cover repairs and maintenance for a given period if there are problems.		When you make a purchase, the seller may suggest you buy an “extended '''warranty'''”. This is the seller’s promise to cover repairs and <span class="noglossary">maintenance</span> for a given period if there are problems.
	But be aware that an extended warranty may not give you any more rights than you have already through the legal warranty. If you're thinking about an extended warranty, check its terms:		But be aware that an extended warranty may not give you any more rights than you have already through the legal warranty. If you're thinking about an extended warranty, check its terms:
	* How long is it good for?		* How long is it good for?

Drew Jackson: /* When something is sold "as is" */

2017-04-25T19:36:08Z

When something is sold "as is"

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	But in fact the legal warranty applies to all new products, no matter what the business says. When a business sells a new product “as is”, the item must still be of merchantable quality, fit for the purpose you bought it for, and reasonably durable.		But in fact the legal warranty applies to all new products, no matter what the business says. When a business sells a new product “as is”, the item must still be of merchantable quality, fit for the purpose you bought it for, and reasonably durable.

	The legal warranty '''can''' be waived for used items. Be cautious if you are asked to waive it. You’ll want to be sure you’ve done everything you can to protect yourself by following the steps in the section “[[Preventing ~~ConsumerProblems~~\|Preventing Problems]]”.		The legal warranty '''can''' be waived for used items. Be cautious if you are asked to waive it. You’ll want to be sure you’ve done everything you can to protect yourself by following the steps in the section “[[Preventing Consumer Problems\|Preventing Problems]]”.

	{{PLSTipsbox		{{PLSTipsbox

Drew Jackson: /* When something is sold “as is” */

2017-04-25T19:35:28Z

When something is sold “as is”

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	===When something is sold ~~“as is”~~===		===When something is sold "as is"===
	Sometimes, a business will say a product is sold "as is". This suggests that you won’t be able to expect help with any repairs or service if there are problems.		Sometimes, a business will say a product is sold "as is". This suggests that you won’t be able to expect help with any repairs or service if there are problems.

Drew Jackson: /* You are protected by the legal warranty */

2017-04-25T19:34:40Z

You are protected by the legal warranty

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	* match the description of the goods.		* match the description of the goods.

	These conditions are sometimes referred to as the '''legal warranty''', as they are established by a law called the ''Sale of Goods Act''. This legal warranty applies regardless of whether the seller mentions it. It is in addition to any warranty the seller or manufacturer provide.		These conditions are sometimes referred to as the '''legal warranty''', as they are established by a law called the ''[http://canlii.ca/t/84c2 Sale of Goods Act]''. This legal warranty applies regardless of whether the seller mentions it. It is in addition to any warranty the seller or manufacturer provide.

	If the item you bought is faulty or doesn't work, the legal warranty gives you the right to get the item repaired or replaced, or to cancel the contract and get a full refund (see the section "[[If There Are Consumer Problems\|If There Are Problems]]" for more details on your options).		If the item you bought is faulty or doesn't work, the legal warranty gives you the right to get the item repaired or replaced, or to cancel the contract and get a full refund (see the section "[[If There Are Consumer Problems\|If There Are Problems]]" for more details on your options).

Drew Jackson: /* Giving notice during the cooling-off period */

2017-04-25T19:29:16Z

Giving notice during the cooling-off period

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	===Giving notice during the cooling-off period===		===Giving notice during the cooling-off period===
	If you decide you do not want to go ahead with a purchase during the cooling-off period, you need to give the other party written notice telling them this. Once they get the notice, you have no further legal obligations under the contract.		If you decide you do not want to go ahead with a purchase during the cooling-off period, you need to give the other <span class="noglossary">party</span> written notice telling them this. Once they get the notice, you have no further legal obligations under the contract.

	The number of days starts counting on the day after the cooling-off period begins. Let’s say you sign up for a fitness club membership on February 10 and they give you a copy of the contract when you sign up. Your 10-day cooling-off period starts counting the next day, on February 11, and goes up to and including February 20.		The number of days starts counting on the day after the cooling-off period begins. Let’s say you sign up for a fitness club membership on February 10 and they give you a copy of the contract when you sign up. Your 10-day cooling-off period starts counting the next day, on February 11, and goes up to and including February 20.

	===No cooling-off period===		===No cooling-off period===

Drew Jackson: /* You are protected by the legal warranty */

2017-04-25T19:28:33Z

You are protected by the legal warranty

← Older revision		Revision as of 19:28, 25 April 2017
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	These conditions are sometimes referred to as the '''legal warranty''', as they are established by a law called the ''Sale of Goods Act''. This legal warranty applies regardless of whether the seller mentions it. It is in addition to any warranty the seller or manufacturer provide.		These conditions are sometimes referred to as the '''legal warranty''', as they are established by a law called the ''Sale of Goods Act''. This legal warranty applies regardless of whether the seller mentions it. It is in addition to any warranty the seller or manufacturer provide.

	If the item you bought is faulty or doesn't work, the legal warranty gives you the right to get the item repaired or replaced, or to cancel the contract and get a full refund (see the section ~~“If~~ There Are ~~Problems”~~ for more details on your options).		If the item you bought is faulty or doesn't work, the legal warranty gives you the right to get the item repaired or replaced, or to cancel the contract and get a full refund (see the section "[[If There Are Consumer Problems\|If There Are Problems]]" for more details on your options).

	{{PLSTipsbox		{{PLSTipsbox

Drew Jackson: /* You are protected by the legal warranty */

2017-04-25T19:27:52Z

You are protected by the legal warranty

← Older revision		Revision as of 19:27, 25 April 2017
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	But in fact the legal warranty applies to all new products, no matter what the business says. When a business sells a new product “as is”, the item must still be of merchantable quality, fit for the purpose you bought it for, and reasonably durable.		But in fact the legal warranty applies to all new products, no matter what the business says. When a business sells a new product “as is”, the item must still be of merchantable quality, fit for the purpose you bought it for, and reasonably durable.

	The legal warranty '''can''' be waived for used items. Be cautious if you are asked to waive it. You’ll want to be sure you’ve done everything you can to protect yourself by following the steps in the section ~~“Preventing Problems”~~.		The legal warranty '''can''' be waived for used items. Be cautious if you are asked to waive it. You’ll want to be sure you’ve done everything you can to protect yourself by following the steps in the section “[[Preventing ConsumerProblems\|Preventing Problems]]”.

	{{PLSTipsbox		{{PLSTipsbox

Drew Jackson: /* The seller must not mislead you */

2017-04-25T19:26:44Z

The seller must not mislead you

← Older revision		Revision as of 19:26, 25 April 2017
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	There are also federal laws that prohibit sellers from advertising or saying anything that is false or misleading. For example, a seller must not advertise or tell you that:		There are also federal laws that prohibit sellers from advertising or saying anything that is false or misleading. For example, a seller must not advertise or tell you that:
	[[File:Consumer_Law_-_Contents1.png\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]		[[File:Consumer_Law_-_Contents1.png\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]
	* what they are selling is on "sale" or "special" unless the price is lower than the ordinary selling price (and they can’t artificially increase the ordinary price)		* what they are selling is on "<span class="noglossary">sale</span>" or "special" unless the price is lower than the ordinary selling price (and they can’t artificially increase the ordinary price)
	* what they are selling performs at a certain level unless they can prove it (for example, saying they offer “the fastest network in Canada”)		* what they are selling performs at a certain level unless they can prove it (for example, saying they offer “the fastest network in Canada”)
	* what they are selling is endorsed by someone when that is not true (that is, they can’t make up a fake testimonial)		* what they are selling is endorsed by someone when that is not true (that is, they can’t make up a fake testimonial)