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Difference between revisions of "Making a Purchase"
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{{Law-Related ESL Badge | {{Law-Related ESL Badge | ||
|lessonname= Consumer Law Lesson Module}}{{REVIEWEDPLS | reviewer = [[People's Law School]]|date= March 2017}}{{Consumer Law Essentials TOC}} | |lessonname= Consumer Law Lesson Module}}{{REVIEWEDPLS | reviewer = [[People's Law School]]|date= March 2017}}{{Consumer Law Essentials TOC}} | ||
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. | 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== | ==The seller must not mislead you== | ||
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* match the description of the goods. | * match the description of the goods. | ||
These conditions are sometimes referred to as the '''legal warranty''', as they are established by a law called the ''Sale of Goods Act''. This legal warranty applies regardless of whether the seller mentions it. It is in addition to any warranty the seller or manufacturer provide. | These conditions are sometimes referred to as the '''legal warranty''', as they are established by a law called the ''[http://canlii.ca/t/84c2 Sale of Goods Act]''. This legal warranty applies regardless of whether the seller mentions it. It is in addition to any warranty the seller or manufacturer provide. | ||
If the item you bought is faulty or doesn't work, the legal warranty gives you the right to get the item repaired or replaced, or to cancel the contract and get a full refund (see the section "[[If There Are Consumer Problems|If There Are Problems]]" for more details on your options). | If the item you bought is faulty or doesn't work, the legal warranty gives you the right to get the item repaired or replaced, or to cancel the contract and get a full refund (see the section "[[If There Are Consumer Problems|If There Are Problems]]" for more details on your options). | ||
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}} | }} | ||
===When something is sold | ===When something is sold "as is"=== | ||
Sometimes, a business will say a product is sold "as is". This suggests that you won’t be able to expect help with any repairs or service if there are problems. | Sometimes, a business will say a product is sold "as is". This suggests that you won’t be able to expect help with any repairs or service if there are problems. | ||
But in fact the legal warranty applies to all new products, no matter what the business says. When a business sells a new product “as is”, the item must still be of merchantable quality, fit for the purpose you bought it for, and reasonably durable. | But in fact the legal warranty applies to all new products, no matter what the business says. When a business sells a new product “as is”, the item must still be of merchantable quality, fit for the purpose you bought it for, and reasonably durable. | ||
The legal warranty '''can''' be waived for used items. Be cautious if you are asked to waive it. You’ll want to be sure you’ve done everything you can to protect yourself by following the steps in the section “[[Preventing | The legal warranty '''can''' be waived for used items. Be cautious if you are asked to waive it. You’ll want to be sure you’ve done everything you can to protect yourself by following the steps in the section “[[Preventing Consumer Problems|Preventing Problems]]”. | ||
{{PLSTipsbox | {{PLSTipsbox | ||
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===Should you buy an extended warranty?=== | ===Should you buy an extended warranty?=== | ||
When you make a purchase, the seller may suggest you buy an “extended '''warranty'''”. This is the seller’s promise to cover repairs and maintenance for a given period if there are problems. | When you make a purchase, the seller may suggest you buy an “extended '''warranty'''”. This is the seller’s promise to cover repairs and <span class="noglossary">maintenance</span> for a given period if there are problems. | ||
But be aware that an extended warranty may not give you any more rights than you have already through the legal warranty. If you're thinking about an extended warranty, check its terms: | But be aware that an extended warranty may not give you any more rights than you have already through the legal warranty. If you're thinking about an extended warranty, check its terms: | ||
* How long is it good for? | * How long is it good for? | ||
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* for '''cellphone service''': you have a cooling-off period of 15 days after your cellphone service begins | * for '''cellphone service''': you have a cooling-off period of 15 days after your cellphone service begins | ||
* to '''lease a car''': you have a one clear day cooling-off period after you sign the lease | * to '''lease a car''': you have a one clear day cooling-off period after you sign the lease | ||
* to '''buy a newly-built condo''': you have a cooling-off period of seven days after you sign the contract or acknowledge seeing the developer’s disclosure statement, whichever comes later | * to '''buy a newly-built condo''': you have a cooling-off period of seven days after you sign the contract or acknowledge seeing the developer’s <span class="noglossary">disclosure</span> statement, whichever comes later | ||
===Giving notice during the cooling-off period=== | ===Giving notice during the cooling-off period=== | ||
If you decide you do not want to go ahead with a purchase during the cooling-off period, you need to give the other party written notice telling them this. Once they get the notice, you have no further legal obligations under the contract. | If you decide you do not want to go ahead with a purchase during the cooling-off period, you need to give the other <span class="noglossary">party</span> written notice telling them this. Once they get the notice, you have no further legal obligations under the contract. | ||
The number of days starts counting on the day after the cooling-off period begins. Let’s say you sign up for a fitness club membership on February 10 and they give you a copy of the contract when you sign up. Your 10-day cooling-off period starts counting the next day, on February 11, and goes up to and including February 20. | The number of days starts counting on the day after the cooling-off period begins. Let’s say you sign up for a fitness club membership on February 10 and they give you a copy of the contract when you sign up. Your 10-day cooling-off period starts counting the next day, on February 11, and goes up to and including February 20. | ||
===No cooling-off period=== | ===No cooling-off period=== | ||
