9,075
edits
Difference between revisions of "Opting Out and Cooling-off Periods"
From Clicklaw Wikibooks
Opting Out and Cooling-off Periods (view source)
Revision as of 12:32, 11 October 2018
, 12:32, 11 October 2018→Statutory exceptions
Drew Jackson (talk | contribs) |
Drew Jackson (talk | contribs) |
||
| Line 39: | Line 39: | ||
====Distance sales contracts==== | ====Distance sales contracts==== | ||
The ''Business Practices and Consumer Protection Act'', in | The ''Business Practices and Consumer Protection Act'', in [https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-2/latest/sbc-2004-c-2.html#sec17_smooth section 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). | ||
A consumer has the right to cancel a distance sales contract no later than seven days after receiving a copy of it if the contract does not comply with the requirements for contracts in electronic form or otherwise comply with the content requirements of the ''Business Practices and Consumer Protection Act''. A consumer has up to 30 days to cancel a distance sales contract if the supplier does not supply the consumer with a copy of the contract within 15 days of the contract being made. | A consumer has the right to cancel a distance sales contract no later than seven days after receiving a copy of it if the contract does not comply with the requirements for contracts in electronic form or otherwise comply with the content requirements of the ''Business Practices and Consumer Protection Act''. A consumer has up to 30 days to cancel a distance sales contract if the supplier does not supply the consumer with a copy of the contract within 15 days of the contract being made. | ||
| Line 47: | Line 47: | ||
====Future performance contracts and continuing service contracts==== | ====Future performance contracts and continuing service contracts==== | ||
'''Future performance contracts''' are defined in | '''Future performance contracts''' are defined in [https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-2/latest/sbc-2004-c-2.html#sec17_smooth section 17] of the ''Business Practices and Consumer Protection Act'' as contracts for the supply of goods or services for which the supply or payment in full is not made at the time the contract is executed. '''Continuing service contracts''' are future performance contracts that provide for the performance of services on a continuing basis. Examples of continuing service contracts are gym memberships and dance lesson contracts. | ||
A consumer has the right to cancel a future performance contract no later than one year after the date the consumer receives a copy of the contract if the contract does not contain the information required by the ''Business Practices and Consumer Protection Act'', such as the supply date, the amount of each periodic payment, etc. | A consumer has the right to cancel a future performance contract no later than one year after the date the consumer receives a copy of the contract if the contract does not contain the information required by the ''Business Practices and Consumer Protection Act'', such as the supply date, the amount of each periodic payment, etc. | ||
A consumer may cancel a continuing service contract no later than 10 days after receiving a copy of the contract, or at any time if there has been a material change in the circumstances of the consumer or the supplier. Examples of material changes in the circumstances of the consumer provided in | A consumer may cancel a continuing service contract no later than 10 days after receiving a copy of the contract, or at any time if there has been a material change in the circumstances of the consumer or the supplier. Examples of material changes in the circumstances of the consumer provided in [https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-2/latest/sbc-2004-c-2.html#sec25_smooth section 25(3)] of the Act are the death, disability or relocation of the consumer. Examples of material changes in the circumstances of the supplier provided in s. 25(4) are failure to complete the services within the time specified in the contract, unavailability of the services due to discontinuance or substantial change in operation of the supplier, and relocation of the supplier by more than 30 kilometres. | ||
====Notice of cancellation==== | ====Notice of cancellation==== | ||
Under | Under [https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-2/latest/sbc-2004-c-2.html#sec54_smooth section 54] of the ''Business Practices and Consumer Protection Act'', a consumer (or supplier) may give a notice of cancellation by any means that permits a person to prove that they cancelled the contract on a specific date, including delivering the notice in person, or by registered mail, email or fax to the appropriate address or number in the contract. | ||
If the notice of cancellation is given other than by personal delivery, it is deemed to have been given at the time it was sent. | If the notice of cancellation is given other than by personal delivery, it is deemed to have been given at the time it was sent. | ||
