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Difference between revisions of "Direct Sales, Future Performance, and Time Share Contracts (11:V)"
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Direct Sales, Future Performance, and Time Share Contracts (11:V) (view source)
Revision as of 19:39, 24 August 2023
, 19:39, 24 August 2023no edit summary
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{{REVIEWED LSLAP | date= July 8, | {{REVIEWED LSLAP | date= July 8, 2023}} | ||
{{LSLAP Manual TOC|expanded = consumer}} | {{LSLAP Manual TOC|expanded = consumer}} | ||
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The ''BPCPA'' sets out a lengthy list of requirements under ss 19 and 20 for the content of direct sales contracts, such as the name, address, and telephone number of the seller, the name (in a readable form) of the individual who signs the contract on behalf of the supplier, a detailed description of the goods or services to identify them with certainty, the price, and a detailed statement of the terms of payment. When credit is extended (meaning any sort of arrangement where the individual/buyer can pay at a later date), there also needs to be a description of the subject matter of any security interest (such as collateral that the seller may hold in the buyer’s property). This is '''not''' an exhaustive list; please consult the ''BPCPA''. | The ''BPCPA'' sets out a lengthy list of requirements under ss 19 and 20 for the content of direct sales contracts, such as the name, address, and telephone number of the seller, the name (in a readable form) of the individual who signs the contract on behalf of the supplier, a detailed description of the goods or services to identify them with certainty, the price, and a detailed statement of the terms of payment. When credit is extended (meaning any sort of arrangement where the individual/buyer can pay at a later date), there also needs to be a description of the subject matter of any security interest (such as collateral that the seller may hold in the buyer’s property). This is '''not''' an exhaustive list; please consult the ''BPCPA''. | ||
Under s 5 of the ''CCR'', there are several exemptions to the applicability of the ''BPCPA'' to direct sales contract. Such exemptions include | Under s 5 of the ''CCR'', there are several exemptions to the applicability of the ''BPCPA'' to direct sales contract. Such exemptions include: | ||
* Certain classes of direct sellers who are selling goods or services for which they are licensed, registered or incorporated (s 5(4)). | |||
* Direct sellers who enter into a direct sales contract at agricultural shows or fairs, trade shows, craft shows, temporary kiosks in shopping malls, or similar types of exhibits (s 5(5)). | |||
* Direct sellers who attend the place following a request that was made at least 24 hours in advance by the consumer or a friend or relative of the consumer who is not an associate of the direct seller. | |||
=== 1. Right of Cancellation === | === 1. Right of Cancellation === | ||
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Material changes in circumstances include, but are not limited to: | Material changes in circumstances include, but are not limited to: | ||
* The buyer’s death | * The buyer’s death. | ||
* | * The buyer is mentally or physically unable to participate in the activity they signed up for. | ||
* The buyer has relocated more than 30 km further from where they entered into the contract. | |||
Material changes in circumstances of the seller include: | Material changes in circumstances of the seller include: | ||
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The required form and procedure for giving notice are set out in s 54. | The required form and procedure for giving notice are set out in s 54. | ||
Additionally, if the business has made significant changes to the services it originally offered, like closing down, moving, or removing certain amenities, it may be considered a material change by the supplier, and the buyer may have a right to cancel. | |||
To exercise their right of cancellation, buyers of continuing services can fill out the following forms and send them to the other party: | |||
To cancel a continuing services contract within 10 days: https://www.consumerprotectionbc.ca/wordpress/wp-content/uploads/2017/06/Cont.-serv.-cancellation-within-10-days.pdf | |||
To cancel a contract because of the buyer's change in circumstances (buyer's material changes): https://www.consumerprotectionbc.ca/wordpress/wp-content/uploads/2017/06/To-cancel-your-contract-because-of-your-change-in-circumstances-fill-out-this-form.pdf | |||
== D. Unsolicited Goods or Services == | == D. Unsolicited Goods or Services == | ||