Making a Purchase
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This page is used in the Consumer Law Lesson Module, a law-related ESL lesson for newcomers to Canada. |
This information applies to British Columbia, Canada. Last reviewed for legal accuracy by People's Law School in March 2017. |
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This page is in the process of being updated. Please check back shortly. |
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[edit]
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"“I got an email saying I was entitled to a 30% ‘discount’ off any pair of shoes from the Shoes Aplenty website. I bought a pair of loafers. I later learned that I paid the ordinary price they charge everyone. The term ‘discount’ gave me the impression I was getting a bargain price. I wasn’t. That’s misleading advertising." - Winston, Delta |
However, you also have the responsibility to find out a store's policies before you buy, and take proper care of things you buy and follow the instructions to use them.
How do I start a complaint?[edit]
Step 1: Collect the information[edit]
For example:
- Prepare a description of the goods you bought. This can include anything the seller said to you about the goods, anything the seller advertised, or anything the seller gave you in writing.
- How much you paid, and receipts or other proofs of purchase.
- Copies of any documents, for example, a warranty.
- Details of the problem:
- what the problem is with the goods you bought,
- when you first noticed the problem, and
- how long you have had the goods, or if you have not had the goods at all, when you were supposed to receive them?
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Step 2: Be ready to keep notes on what happens[edit]
- Who did you talk to? (Ask for the person's name or title — sales clerk, manager, etc.)
- When did you talk to them?
- What did you tell them:
- about the problem, and
- about what you want them to do?
- What did they say to you?
- What was the next step that:
- you said you would take, or
- they said they would take?
Step 3: Let the company know you have a problem[edit]
The first step is to find the right person to talk to about the problem. You may contact the store or company in person or you may make a phone call. Have your information with you. You could start with something like this:
My name is __________. I would like to make a complaint about the product I bought from your company. Could you direct me to the person who handles complaints?
They may tell you that you have to make your complaint in writing. If they do this, ask for the name and address you send the letter to.
The Canadian Consumer Information Gateway has a Complaint Roadmap, an information tool that provides a step-by-step approach to help you present your complaint to a business. The Roadmap includes a sample complaint letter that you can use to develop your letter. Visit www.consumerinformation.ca and look under "Complaint Roadmap."
Steps to make a complaint[edit]
There are three steps to make your complaint. You can use them if you make a complaint in person, by phone, or by letter.
Step 1: Explain the problem[edit]
You can say something like this:
I bought my _________________ (the item you purchased) on ____________(date), at ____________(location). The model number is _________________. I am contacting you because the product is: (choose one)
- not working right
- cannot do what it is meant to do
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Step 2: Explain what you want[edit]
You can say something like this:
I think it is only fair that you: (choose one)
- replace the product
- provide me with a refund
- repair the product free of charge
The person from the store or company may agree to do what you ask for. In this case, ask when they will do this.
If the person does not agree to do what you ask for, ask to speak to the manager of the company or to the head office. Get the phone number or the address. If you do not get what you want from the store or company, tell them what you will do next. You can say something like this:
I still hope we can reach an agreement on this. If not, I will stop buying from your company and I will tell other people about this problem. If I do not hear from you by____________ (give a date) my next step will be to: (choose one or more)
- file a complaint with the Better Business Bureau
- contact Consumer Protection BC
Then give your details:
- You can reach me at ____________(your address). I'll be waiting to hear from you by ____________(date).
If you do not hear back, take the next step. Do what you have told the store or company you will do.
Step 3: File a complaint[edit]
If you still do not get a satisfactory response from the store or company, you can file a complaint. One option you have for filing a complaint is the Better Business Bureau (BBB), which receives complaints about local businesses. Visit mbc.bbb.org/consumers and look under "Complaints."
You may also contact Consumer Protection BC for information and referrals on where you may file a complaint about a specific business type.
Small Claims Court[edit]
If you cannot solve the problem, your next step may be to make a claim in Small Claims Court. To find out how to make a claim in Small Claims Court, go to www.clicklaw.bc.ca, and type in "Small Claims" in the search box. The site links you to a video about Small Claims Court available in Chinese, Punjabi, Vietnamese, and English, among other resources.
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