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Difference between revisions of "Opting Out and Cooling-off Periods"
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Opting Out and Cooling-off Periods (view source)
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==== Door-to-door sales ==== | ==== Door-to-door sales ==== | ||
Many consumers believe they can only cancel door-to-door sales contracts. However, the terms of the Business Practices and Consumer Protection Act actually apply to a wider range of transactions. The Act’s cancellation provisions apply to | Many consumers believe they can only cancel door-to-door sales contracts. However, the terms of the ''Business Practices and Consumer Protection Act'' actually apply to a wider range of transactions. The Act’s cancellation provisions apply to “'''direct sales contracts'''”—contracts for goods and services entered into in person at a place other than the supplier’s permanent place of business. This covers door-to-door sales and other situations. | ||
If a direct seller makes a sale somewhere other than a permanent place of business, s. 21(1) says a consumer has 10 days after the date that the consumer receives the contract to cancel the contract (longer in some instances). This means that if a consumer receives a copy of a direct sales contract on February 1, for example, the consumer has up to and including February 11 to cancel. | If a direct seller makes a sale somewhere other than a permanent place of business, s. 21(1) says a consumer has 10 days after the date that the consumer receives the contract to cancel the contract (longer in some instances). This means that if a consumer receives a copy of a direct sales contract on February 1, for example, the consumer has up to and including February 11 to cancel. | ||
A consumer may cancel a direct sales contract not later than one year after the date the consumer receives a copy of the contract if: | A consumer may cancel a direct sales contract not later than one year after the date the consumer receives a copy of the contract if: | ||
the contract does not meet the content requirements set out in the Business Practices and Consumer Protection Act, | * the contract does not meet the content requirements set out in the Business Practices and Consumer Protection Act, | ||
the supplier was under a direct sales prohibition order at the time the contract was made, or | * the supplier was under a direct sales prohibition order at the time the contract was made, or | ||
the goods or services were not supplied within 30 days of the supply date. | * the goods or services were not supplied within 30 days of the supply date. | ||
Distance sales contracts | Distance sales contracts | ||
The Business Practices and Consumer Protection Act, in s. 17, defines distance sales contracts as contracts for the supply of goods and services that are not entered into in person, and, in the case of goods, where the consumer does not have an opportunity to inspect the goods at the time the contract is entered into (for example, online purchases or catalogue sales). | The Business Practices and Consumer Protection Act, in s. 17, defines distance sales contracts as contracts for the supply of goods and services that are not entered into in person, and, in the case of goods, where the consumer does not have an opportunity to inspect the goods at the time the contract is entered into (for example, online purchases or catalogue sales). | ||
