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{{REVIEWEDPLS | reviewer = [https://www.peopleslawschool.ca/about People's Law School]|date= June 2017}} {{Dial-A-Law TOC|expanded = consumer}}
{{REVIEWEDPLS | reviewer = [http://davisonnorth.ca/personnel/dean-davison/ Dean Davison], Davison North Law|date= January 2020}} {{Dial-A-Law TOC|expanded = consumer}}
Buying goods or services over the internet or by phone or mail order can be convenient. But shopping this way has its dangers. Learn your rights and what to watch for.


==Understand your legal rights==
It’s easier than ever to do all of your shopping online (even for toilet paper). Like any purchase, online shopping creates a contract, and you have rights.


===You may be making a “distance sales contract”===
==What you should know==
When you buy something over the internet or by phone or mail order, you may be making a “'''distance sales contract'''”. This is a contract for goods or services that is not entered into in person and where (in the case of goods) you don’t have the opportunity to inspect the goods before buying.


Under the [https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-2/latest/sbc-2004-c-2.html#sec46_smooth law in BC], before you enter into a distance sales contract, the seller must clearly disclose the following things:
===The seller must give you certain information when you buy online===
*the seller’s name, address and telephone number
When you buy something online (or by phone), you can’t inspect the goods beforehand. So special rules apply. The seller has to tell you:
*the seller’s email address, if available
*a description of the goods or services
*the total price and a detailed statement of the terms of payment
*the currency under which amounts owing are payable
*an explanation of how the goods will be shipped to you
*the seller’s return or exchange policy, if any


===You must receive a copy of the contract===
* their name, address, and phone number — and their email address if you’re buying online
For the contract to be legally binding, you must receive a copy of it '''within 15 days''' after making it. An email copy is sufficient. The contract must contain the information the seller was required to disclose to you before you bought the goods or services, along with:
* detailed information about the product
*your name as the consumer, and
* the total price you’ll pay, with a breakdown of taxes and other charges
*the date of the contract.
* the currency you must pay in
* an explanation of how the goods will be shipped to you
* the seller’s cancellation and return policy


===You can cancel a distance sales contract===
===The seller must give you a copy of the contract===
You may '''cancel''' a distance sales contract in the following circumstances:
For it to be legally binding, the seller must give you a copy of the contract — a detailed receipt, basically — within 15 days of the sale.
*If the seller doesn’t disclose the required information or the contract doesn’t contain it, you have up to seven days after receiving the contract to cancel it.
*If you don’t get a copy of the contract within 15 days after making it, as required, then you have up to 30 days to cancel it.
*If you don’t receive what you ordered within 30 days of the supply date, you may cancel the contract anytime before the goods or services are delivered.
*If you don’t receive what you ordered within 30 days of the date of the contract, and a supply date wasn’t provided, you may cancel the contract anytime before the goods or services are delivered.


==Common questions==
For online shopping, the seller must make the contract available to you in a way that lets you keep and print the information, like in your online account. The seller may also send you a copy of the contract by email.


===How do I cancel?===
===If the contract doesn’t include the required information===
If you want to cancel the contract, it’s best to do so in writing. You can cancel by email, fax or registered mail. Doing so gives you proof the seller received your cancellation notice within the required time.  
If the contract doesn’t include all the information the seller is required to give you, you can walk away. You can cancel up to '''seven days''' after receiving the contract.


Consumer Protection BC’s website includes [https://www.consumerprotectionbc.ca/consumer-help/problem-with-an-online-purchase/ cancellation forms] you can use to send to the seller.
===If the seller doesn’t provide you with a copy of the contract===
If you don’t get a copy of the contract within 15 days of the sale, you can cancel. In this case, you have up to '''30 days''' after placing your order to cancel the contract.


Keep a copy of your cancellation notice so you can prove you cancelled.
===If you don’t receive your order===
If you don’t receive what you ordered within 30 days of the estimated delivery date, you can cancel the contract any time before the goods or services are delivered.
===Will I get a refund?===
If you cancel because the seller didn’t disclose the required information or the contract doesn’t contain it, the seller must refund your money within 15 days after you give notice of cancellation. You have to return the unused goods within 15 days after getting them or within 15 days after giving notice of cancellation, whichever is later. The seller is responsible for the reasonable cost of returning the goods.


===What should I do if I have a complaint?===
No estimated delivery date? Then you can cancel within 30 days of ordering.
If you have a complaint about delays in delivery, an error on your bill, or the quality of the goods you bought, write to the seller. (Don’t phone, as you won’t end up with a written record of your complaint.) State the nature of the problem and what you want done.  


Keep a copy of all your correspondence, as well as a copy of the original advertisement for the item you purchased.  
===If the company sends you emails and ads you didn’t sign up for===
Seems like every time you buy something online, ads from the same company start appearing on your desktop. Canada has laws against spam, but the sellers may actually be allowed to do this.


If you don’t receive a reply to your complaint, send another. Send this follow-up by registered mail. In it, refer to your initial correspondence. Keep a copy of this correspondence as well.  
There’s an exemption in the spam laws for “existing customers.” Since you’ve bought something, that means you have a business relationship with the online seller. They use this cozy status as a reason to send you ads.


===What can I do if I receive goods or services I never ordered?===
You can always opt out — ads from businesses must have an “unsubscribe” link. (Hint: It’s always buried at the bottom.) And stay on guard for emails that seem to come from an online business that you know, but are really spam. Never download suspicious files or respond to suspicious messages.
Under the [https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-2/latest/sbc-2004-c-2.html#sec11_smooth law in BC], you do not have to pay for “'''unsolicited goods or services'''” unless you expressly tell the supplier in writing you intend to accept the goods or services. If you get something out of the blue you never asked for, you don’t have to pay for it. But to protect yourself, you may want to return the item and keep copies of all correspondence.


===What can I do to protect myself when shopping online or by phone?===
==Take action==
To protect yourself:
Savvy online shoppers abide by a handful of (non-biblical) commandments. Hot tips coming up.
*check the reputation of the seller and their goods or services
*pay with a credit card
*if you pay online, make sure the website is secure


===How can I check the reputation of a seller and what they’re selling?===
===Step 1. Do your research===
Contact the Better Business Bureau to see if there have been any recent complaints, and if so, whether the complaints were resolved to everyone’s satisfaction. Their phone number is:
Before you buy that sleek-looking dehumidifier for your basement, make sure it’s the right one for you. Read reviews. Make sure it’ll handle your needs but isn’t more than you need. A little homework on the front end may save you trouble later.
*604-682-2711 for Mainland British Columbia
*1-888-803-1222 toll-free for the interior
*250-386-6348 for Vancouver Island


For an online business, look for a reliability seal from a reputable consumer protection program. For example, check to see if the company has a [http://www.bbb.org/ottawa/for-businesses/become-an-accredited-business/advertising-bbb-accreditation/bbb-accredited-business-seal-for-the-web-/ BBB Accredited Business Seal for the Web]. Or see if the business displays the [http://www.the-cma.org/consumers/look-for-the-logo Canadian Marketing Association member logo], meaning that the business follows a code of ethics.
===Step 2. If you want to cancel, contact the seller directly===
If you want to cancel because you never got your contract or the goods didn’t arrive in time, reach out to the seller directly.


===How is paying with a credit card safer?===
Be firm but polite. Explain why you’re cancelling. You may have to speak to a manager. Make sure you get confirmation in writing that they’ve accepted the cancellation and the amount they’re going to refund you (if you’ve pre-paid).
When ordering goods, paying by '''credit card''' (such as Visa or Mastercard) can actually be safer than sending a cheque or money order. If you cancel a distance sales contract, you can ask your credit card issuer to cancel or reverse the credit card charge and any associated interest or other charges.  


The credit card issuer must acknowledge your request within 30 days of receiving it. Then if your request meets [https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-2/latest/sbc-2004-c-2.html#sec52_smooth legal requirements], the credit card issuer must cancel or reverse the charge within two complete billing cycles or 90 days, whichever is earlier.
If you decide to cancel a contract for something you bought online, notify the seller in '''writing'''. You can use a notice of cancellation form provided by Consumer Protection BC: they have forms for if the seller [https://www.consumerprotectionbc.ca/wordpress/wp-content/uploads/2017/08/Distance-sales-contract-cancellation-within-7-days.pdf didn’t provide the required info], [https://www.consumerprotectionbc.ca/wordpress/wp-content/uploads/2017/08/Cancel-your-distance-sales-contract-within-30-days-of-purchase-for-not-receiving-a-copy-of-the-contract.pdf didn’t provide a copy of the contract], or [https://www.consumerprotectionbc.ca/wordpress/wp-content/uploads/2017/08/Cancel-your-distance-sales-contract-for-not-receiving-the-goods-or-services-within-30-days-of-the-supply-date.pdf didn’t deliver within the required time].


So, let’s say you don’t get what you bought within 30 days and you cancel the contract before the goods arrive. If you paid by credit card, you can ask your credit card issuer to cancel or reverse the charges. If you paid by money order or cheque, you’re left to fight it out with the seller.  
===Step 3. Wait 15 days===
The seller has 15 days to give you a refund. If nothing has happened by then, give them a call. Confirm they got your letter. Demand your refund.


===How can I ensure a website is secure for online payments?===
===Step 4. If you paid by credit card, contact your credit card provider===
In the website address bar on your screen, look for an unbroken lock icon. The icon is usually in the far left part of the address bar. Also look for the letter “s” in the prefix “'''https'''” of the website address.
Still no refund from the seller? Ask your credit card provider to reverse the charge. The credit card provider must do so — plus refund any associated interest — within two complete billing cycles or 90 days, whichever is earlier.


Never send financial information by email. It's not secure.
Contact your credit card provider with:
* the seller’s name
* the date of the purchase
* the amount charged to the credit card
* a description of the goods or services
* the reason for cancellation
* the date and method of cancellation
* a copy of your notice of cancellation that you sent to the company


===What can I do to prevent unsolicited emails, phone calls, faxes and mail?===
===Step 5. Take to social media===
Sometimes after making an online purchase, or placing a phone or mail order, you may find yourself on various mailing and phone lists. You may end up receiving piles of emails, advertisements and sample products, or endless phone calls from telemarketers and others.  
You can also tell the whole sorry tale on social media. Be accurate. Be truthful. Not being truthful may expose you to a lawsuit. You may end up getting what you want. Companies are eager to protect their reputations.


Beware! The emails may be '''phishing scams''' — fake emails trying to trick you into handing over personal information. Or they may include '''spyware''' or '''malware''' — software used to steal your personal information or disrupt your device.
==Who can help==


To avoid these emails or calls, and the dangers they pose, here’s what you can do.
===Helpful agencies===
Still stuck waiting for that pair of shoes you bought but that never arrived? If you need help with that or other consumer-related issues, consider getting in touch with these agencies.


====Contact the Canadian Marketing Association====
:'''Consumer Protection BC'''
On the Canadian Marketing Association website, see the [http://www.the-cma.org/consumers/ consumers section] to find their voluntary [http://www.the-cma.org/consumers/do-not-contact Do Not Mail Service]. Follow the registration instructions to have your name deleted from mailing marketing lists used by companies who belong to the Association. This won’t eliminate the problem but it can reduce the amount of unsolicited mail you receive.
:Assistance relating to certain types of consumer problems and contracts in BC.
:Call 1-888-564-9963
:[[info@consumerprotectionbc.ca|Send email]]
:[https://www.consumerprotectionbc.ca/ Visit website]


====Register with the National Do Not Call List====
:'''Better Business Bureau'''
To help reduce the number of unwanted calls you receive, you can register your phone number on the [https://www.lnnte-dncl.gc.ca/index-eng National Do Not Call List]. This is a free service from the Canadian Radio-Television and Telecommunications Commission (or CRTC).
:They may not solve your problem, but reporting can help others avoid problems.
:Call 1-888-803-1222
:[https://www.bbb.org/ca/bc Visit website]


When you register your phone number on the list, Canadian companies making unsolicited calls can no longer contact you. (Some callers are exempt, such as charities and political candidates.)
===Legal advice===
Getting legal advice can help you decide on the best next step. Or if you're up for a self-help approach, the Civil Resolution Tribunal is a great option.


Note the CRTC has no control of businesses and people outside Canada, who may ignore the list and continue to call.
:'''Lawyer Referral Service'''
:Helps you connect with a lawyer for a complimentary 15-minute consult to see if you want to hire them.
:Call 1-800-663-1919
:[https://www.accessprobono.ca/our-programs/lawyer-referral-service Visit website]


====Block unwanted calls====
:'''Access Pro Bono's Free Legal Advice'''
If you have a call blocking feature on your phone, use it to block a number that continues to call you. Note some telemarketers constantly change their calling number, so even if you block them, they may keep getting through.
:Volunteer lawyers provide 30 minutes of free legal advice to people with low or modest income.
:Call 1-877-762-6664
:[https://www.accessprobono.ca/get-legal-help Visit website]


===Are there laws protecting me from spam?===
:'''Civil Resolution Tribunal'''
Yes. Canada has [http://canlii.ca/t/8p22 a law] that aims to protect people from '''spam''' (junk email and text messages) and online threats (spyware, malware, phishing scams, and so on). Unfortunately, the law cannot control businesses and people outside Canada, and they produce huge amounts of spam and online threats.
:Resolve disputes of less than $5,000 online 24/7 (no need for a lawyer!).
 
:[https://civilresolutionbc.ca/ Visit website]
====Your consent is required====
A key section of Canada’s anti-spam law requires senders of commercial emails and text messages to have the '''consent''' of the person they’re sending the message to (the recipient). The law also prohibits installation of computer programs and collection of electronic addresses without consent, as well as false and misleading representations.
 
====There are two types of consent====
There is '''implied consent''' if there is already a relationship between the sender and recipient of a commercial message. It lasts for two years. Recipients can cancel implied consent any time. Senders of commercial messages can ask recipients for '''express consent''' (the recipient agrees to receive messages) to send commercial messages. It does not expire.
Senders of commercial messages must keep records to show they obtained the recipient’s consent. The Canadian government’s anti-spam website further [http://www.crtc.gc.ca/eng/internet/infograph.htm explains implied and express consent].
====Senders must identify themselves and let recipients unsubscribe====
In addition to getting consent from recipients, senders of commercial messages must identify themselves and include an unsubscribe option in the message so recipients can stop receiving messages.
 
Three federal government agencies enforce the anti-spam law: the [http://www.crtc.gc.ca/eng/home-accueil.htm CRTC], the [http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/home Competition Bureau], and the [https://www.priv.gc.ca/en/ Office of the Privacy Commissioner of Canada].
 
For more information on the law, see the Canadian government’s anti-spam website, [http://fightspam.gc.ca/eic/site/030.nsf/eng/home fightspam.gc.ca].
 
==Get help==
 
===Agencies that can help===
If you make a complaint but don’t get a satisfactory response within three weeks, contact the '''Canadian Marketing Association'''.
:Web: [http://www.the-cma.org/ the-cma.org]
 
Check the [http://www.bbb.org/mbc/get-consumer-help/tips-directory/ Consumer Tips Directory] of the '''Better Business Bureau'''.
:Web: [http://bbb.org/ca/bc bbb.org/ca/bc]
 
To learn more about how to prevent and handle consumer problems when they arise, contact '''Consumer Protection BC'''.
:Toll-free: 1-888-564-9963
:Web: [http://www.consumerprotectionbc.ca/ consumerprotectionbc.ca]
 
Check also the publications section of the federal government’s '''Competition Bureau'''.
:Web: [http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/h_00139.html competitionbureau.gc.ca]


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Latest revision as of 06:01, 11 October 2023

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Dean Davison, Davison North Law in January 2020.
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It’s easier than ever to do all of your shopping online (even for toilet paper). Like any purchase, online shopping creates a contract, and you have rights.

What you should know

The seller must give you certain information when you buy online

When you buy something online (or by phone), you can’t inspect the goods beforehand. So special rules apply. The seller has to tell you:

  • their name, address, and phone number — and their email address if you’re buying online
  • detailed information about the product
  • the total price you’ll pay, with a breakdown of taxes and other charges
  • the currency you must pay in
  • an explanation of how the goods will be shipped to you
  • the seller’s cancellation and return policy

The seller must give you a copy of the contract

For it to be legally binding, the seller must give you a copy of the contract — a detailed receipt, basically — within 15 days of the sale.

For online shopping, the seller must make the contract available to you in a way that lets you keep and print the information, like in your online account. The seller may also send you a copy of the contract by email.

If the contract doesn’t include the required information

If the contract doesn’t include all the information the seller is required to give you, you can walk away. You can cancel up to seven days after receiving the contract.

If the seller doesn’t provide you with a copy of the contract

If you don’t get a copy of the contract within 15 days of the sale, you can cancel. In this case, you have up to 30 days after placing your order to cancel the contract.

If you don’t receive your order

If you don’t receive what you ordered within 30 days of the estimated delivery date, you can cancel the contract any time before the goods or services are delivered.

No estimated delivery date? Then you can cancel within 30 days of ordering.

If the company sends you emails and ads you didn’t sign up for

Seems like every time you buy something online, ads from the same company start appearing on your desktop. Canada has laws against spam, but the sellers may actually be allowed to do this.

There’s an exemption in the spam laws for “existing customers.” Since you’ve bought something, that means you have a business relationship with the online seller. They use this cozy status as a reason to send you ads.

You can always opt out — ads from businesses must have an “unsubscribe” link. (Hint: It’s always buried at the bottom.) And stay on guard for emails that seem to come from an online business that you know, but are really spam. Never download suspicious files or respond to suspicious messages.

Take action

Savvy online shoppers abide by a handful of (non-biblical) commandments. Hot tips coming up.

Step 1. Do your research

Before you buy that sleek-looking dehumidifier for your basement, make sure it’s the right one for you. Read reviews. Make sure it’ll handle your needs but isn’t more than you need. A little homework on the front end may save you trouble later.

Step 2. If you want to cancel, contact the seller directly

If you want to cancel because you never got your contract or the goods didn’t arrive in time, reach out to the seller directly.

Be firm but polite. Explain why you’re cancelling. You may have to speak to a manager. Make sure you get confirmation in writing that they’ve accepted the cancellation and the amount they’re going to refund you (if you’ve pre-paid).

If you decide to cancel a contract for something you bought online, notify the seller in writing. You can use a notice of cancellation form provided by Consumer Protection BC: they have forms for if the seller didn’t provide the required info, didn’t provide a copy of the contract, or didn’t deliver within the required time.

Step 3. Wait 15 days

The seller has 15 days to give you a refund. If nothing has happened by then, give them a call. Confirm they got your letter. Demand your refund.

Step 4. If you paid by credit card, contact your credit card provider

Still no refund from the seller? Ask your credit card provider to reverse the charge. The credit card provider must do so — plus refund any associated interest — within two complete billing cycles or 90 days, whichever is earlier.

Contact your credit card provider with:

  • the seller’s name
  • the date of the purchase
  • the amount charged to the credit card
  • a description of the goods or services
  • the reason for cancellation
  • the date and method of cancellation
  • a copy of your notice of cancellation that you sent to the company

Step 5. Take to social media

You can also tell the whole sorry tale on social media. Be accurate. Be truthful. Not being truthful may expose you to a lawsuit. You may end up getting what you want. Companies are eager to protect their reputations.

Who can help

Helpful agencies

Still stuck waiting for that pair of shoes you bought but that never arrived? If you need help with that or other consumer-related issues, consider getting in touch with these agencies.

Consumer Protection BC
Assistance relating to certain types of consumer problems and contracts in BC.
Call 1-888-564-9963
Send email
Visit website
Better Business Bureau
They may not solve your problem, but reporting can help others avoid problems.
Call 1-888-803-1222
Visit website

Legal advice

Getting legal advice can help you decide on the best next step. Or if you're up for a self-help approach, the Civil Resolution Tribunal is a great option.

Lawyer Referral Service
Helps you connect with a lawyer for a complimentary 15-minute consult to see if you want to hire them.
Call 1-800-663-1919
Visit website
Access Pro Bono's Free Legal Advice
Volunteer lawyers provide 30 minutes of free legal advice to people with low or modest income.
Call 1-877-762-6664
Visit website
Civil Resolution Tribunal
Resolve disputes of less than $5,000 online 24/7 (no need for a lawyer!).
Visit website
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