Difference between revisions of "Problem with a Purchase"

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{{Dial-A-Law Blurb}}
{{REVIEWEDPLS | reviewer = [http://davisonnorth.ca/personnel/dean-davison/ Dean Davison], Davison North Law|date= January 2020}} {{Dial-A-Law TOC|expanded = consumer}}


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The TV won’t turn on. That computer doesn’t have Wi-Fi. The blender doesn’t blend. The item broke. The salespeople lied. Don’t forget that you have rights. Let’s get after it.
This script discusses what you can do if you’ve bought a product or items (called “goods”) that are defective.  


==When you buy and receive goods, you are making a contract==
==What you should know==
Your contract is with the person or company who provides the goods. (If a person is an employee of a company, your contract is with the company only.) Your rights and obligations depend on BC law and the terms of the contract. A contract does not need to be in writing. It can be a verbal contract.


==The terms of a contract can be express or implied==
===Remedies available to you===
*An express term is one that you and the seller agreed on—either verbally or in writing, or both. A term is binding only if you have a contract. If the seller doesn’t give you what you agreed on, then you have certain rights to get the goods you agreed on, or to get your money back.
If your new toaster clashes with your countertop, that’s not the manufacturer’s fault. If it doesn’t toast, that certainly is. If something you bought doesn’t work, you may be entitled to a refund, a repair, or a replacement.


*An implied term is one that the law says is part of a contract, even though you haven’t discussed it with the seller.
When you buy something, that’s a contract. If the other side doesn’t do what they promised (like sell you a bike that works), they’ve '''broken the contract'''.


==Express terms are best==
When this happens, a handful of solutions are available. The law calls these '''remedies'''.
To avoid misunderstandings and arguments, it’s best to have express terms, not implied terms. Implied terms are broad, and different people can interpret them to mean different things. Also, include in the contract what will happen if the seller doesn’t live up to the contract.


==Guarantees and warranties are common express terms==
Let’s say that on your first ride with that new bike, the frame breaks. The law offers these potential solutions:
Look carefully at guarantees and warranties in your purchase contract. Guarantees and warranties are often so vague, or buried in so many qualifications, that they may not be of any value to you. Often, you have to follow certain operating or cleaning instructions for a guarantee or warranty to be valid. For example, if you buy a car, the warranty may require you to get the car regularly serviced at an authorized dealer. And some goods are sold for certain purposes or uses only. Using the goods for other purposes will cancel the warranty. If the seller makes any promises or guarantees, get them in writing—before you sign the contract—and make sure you understand any limits on them.


==Four implied terms when you buy new goods==
* The contract is '''cancelled'''. Return the bike and get a refund.
In BC, the ''[http://bclaws.ca/civix/document/id/complete/statreg/96410_01 Sale of Goods Act]'' (sections 17 to 19) requires four implied terms, called “conditions,” to be in some contracts for the purchase and sale of new items. The goods must:
*
#match the description or the sample.
* You’re awarded '''compensation'''. The seller must repair or replace the bike — and if you broke your leg when the frame broke, you may be entitled to compensation for that too.
#be reasonably fit for your purpose for them.
*
#be of merchantable quality.
* The seller is ordered to '''perform''' the contract. In other words, they have to provide you with a working bike.
#last for a reasonable time.


If the seller breaks the condition or doesn’t carry out a condition of the contract, then you (the buyer) can reject or return the goods and cancel the contract. You are entitled to get back the money you paid, plus payment for any extra expenses the defective goods caused.
If what went wrong was essential to the purchase (that broken frame), you’re entitled to cancel the contract. If it wasn’t essential (a squeaky pedal), you’re likely entitled to a partial refund, but you can’t return the bike.


===1. The goods must match the description or sample===
===If something is faulty===
If the seller showed you a sample of the goods, there’s an implied condition that the goods will match their description or match the sample. An example of goods sold by sample is carpeting. If the carpet delivered to you isn’t the same as the sample in the showroom, you don’t have to accept it. Similarly, if the goods are sold by description, there’s an implied condition that the goods will match the description. Catalogue sales are a good example of a sale by description. If you ordered something from a catalogue, you can send it back if it isn’t the same as the description.
The law requires a baseline level of quality for the things you buy. When you buy something from a business, the product has to:
* be fit for the purpose you bought it for
* work and be undamaged
* be durable for a reasonable period of time
* match the advertised description


===2. The goods must be reasonably fit for your purpose for them===
These conditions are sometimes referred to as the '''legal warranty'''.
The goods must be reasonably fit for the buyer’s purpose. But there are two catches to this condition:


:*First, this condition applies only if it’s the seller’s business to sell things, and the goods are things they usually sell. So a private sale between two people isn’t covered, or if your hairdresser orders you a computer, that also isn’t covered.  
If any of these conditions aren’t met, you’re entitled to cancel the contract. Act immediately if you want to do that. If you wait, it’s harder to prove the defect isn’t just normal wear and tear.


:*Second, this condition applies only if you told the seller how you planned to use the goods and explained that you were relying on their skill and judgment. For example, if you go to a hardware store and tell the salesperson you want a saw to cut metal pipes, and they sell you a saw that cuts only light wood, the saw isn’t reasonably fit for the purpose you bought it for. But if you just picked up the saw yourself (thinking it should work for metal pipes) and took it home without any discussion, you wouldn’t have the right to cancel the contract, because you didn’t explain to the seller why you needed the saw. Also, if the seller gave you notice of the intended use (for example, a label says “this is a saw for cutting wood only”) and you used it differently, for cutting metal, then you couldn’t rely on this condition to get your money back.
If the item was damaged by regular use, an accident or misuse, you likely won’t be covered. As well, the law likely won’t help if you examined the goods beforehand and ought to have spotted the problem.


===3. The goods must be of merchantable quality===
===If the seller misled you===
The product cannot have any defects if you buy it by description from someone who sells that type of goods. So, it applies to catalogue sales and most mail order sales. But it wouldn’t apply if you bought something privately through an online ad, for example. It also wouldn’t apply if you examined the goods first and had a chance to discover any defects before buying.  
The seller can’t tell you something misleading or deceiving, or take advantage of you.


===4. The goods must last for a reasonable time===
If the seller has lied about something essential (they said it’s four-wheel drive, but it isn’t) you may be entitled to a refund. If it’s non-essential (they said 24 kms per litre, but really it gets 18), you’re likely entitled to some compensation, but you can’t cancel the contract.
This implied condition applies only if you use the product as intended. It doesn’t apply if you use the goods for something they weren’t made for. For example, you can’t say that an ordinary vacuum cleaner designed for household dust hasn’t lasted for a reasonable time if it breaks down as you use it for heavy construction debris.


==What can you do if the goods you bought are defective? ==
We’ve got more information on what is misleading or acting unfairly. See our information on [https://dialalaw.peopleslawschool.ca/basics-of-making-a-purchase/ the basics of making a purchase].
Immediately return the goods to the seller. Ask the seller to replace the goods. If a replacement isn’t available, ask for a refund. If the product isn’t suitable for its use, then ask for a refund. Don’t keep using the defective product until you return it or after you demand a refund or exchange. If you keep using it, you could (and probably will) lose the right to return it.


==What if you can’t return the goods?==
===If a cooling-off period applies===
Tell the seller in writing that you’re rejecting and returning the goods. Act fast. If the seller won’t give you a replacement or refund, leave the defective goods with the seller, and get a dated receipt for them. Then make your complaint to the store’s customer complaint department. If you still don’t get any solution, complain to the president of the company and tell the company in writing that you will sue. To do that, you can see a lawyer for legal advice. Or you can sue on your own. If your claim is $25,000 or less, you can sue in [http://www.provincialcourt.bc.ca/types-of-cases/small-claims-matters Small Claims Court]. Scripts [http://www.cbabc.org/For-the-Public/Dial-A-Law/Scripts/Small-Claims-Court 165 to 169] have more on suing in Small Claims Court. For more than $25,000, you have to sue in [http://www.courts.gov.bc.ca/supreme_court/ BC Supreme Court]. You should get legal advice before doing that.
A '''cooling-off period''' means a stretch of time, after the purchase, when you can decide this product doesn’t spark joy after all, and return it. You can cancel the contract without penalty. ''You don’t need to give a reason''.


==Research your purchase==
Not every purchase features a cooling-off period. It's available in some situations but not others. And the length of the cooling-off period varies depending on what you’re buying.
Your best protection as a consumer is to be well informed. If a seller makes promises or guarantees that you’re relying on, get those promises and guarantees in writing and make sure you understand them.


==More information==
Cooling-off periods apply in these situations:
*Contact the Better Business Bureau. They may suggest mediation or arbitration as informal ways to resolve your dispute. You and the seller must both agree to this. With mediation, a third-party mediator helps both sides reach a solution. With arbitration, an arbitrator hears both sides of the story and then makes a decision that is legally binding. The phone number for the [http://www.bbb.org/mbc Better Business Bureau] for mainland BC is 604.682.2711. The [http://www.bbb.org/vancouver-island/ Vancouver Island Better Business Bureau] is at 250.386.6348.
* When you buy something in person, but not at the business location (like a door-to-door sale), you have a cooling-off period of 10 days after you receive a copy of the contract.
* When you receive services on an ongoing basis (like a yoga or gym pass), you have a cooling-off period of 10 days after you receive a copy of the contract.
* When signing a cellphone contract, you have a cooling-off period of 15 days after your cellphone service begins.


*Check with [http://www.consumerprotectionbc.ca/ Consumer Protection BC]. It has a list of [http://www.consumerprotectionbc.ca/consumers-other-businesses-home/resources-a-links resources and links for consumers]. You can also phone Consumer Protection BC at 1.888.564.9963 for help.  
Two more examples:
* When leasing a car, you have a one “clear” (full) day after you sign to reconsider.
* If you 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 last.


*If the goods you bought aren’t defective, but they don’t live up to the glowing promises made by the seller, check Script [[Dishonest Business Practices and Schemes (Script 260)|260]] on “Dishonest Business Practices and Schemes”.
For a product or service you buy online, you may or may not have a cooling-off period. It depends on the circumstances. We’ve got specific content on this if you’re interested. [https://dialalaw.peopleslawschool.ca/shopping-online/ See our information on online shopping].


Otherwise, keep in mind that a store’s return policy may be able to help.


[updated April 2015]
===If there is a return policy===
If you bought something from a retail store and have changed your mind, check the store’s policy on returns.


It’s best to know this policy in advance, especially for a big purchase. Some larger items, or electronics, have a stricter return policy.


----
First and always, keep your receipt! Often it has the return policy printed on it.
----
 
Check the following:
* How many days until the return period expires. If there’s no time limit, great!
* Whether you can have used the product before returning it.
* Whether there are any “restocking” or other charges.
 
Some stores offer a satisfaction guarantee. This is a great thing for consumers! It gives you the legal right to return the product for a full refund, even if what you bought is perfectly alright.
 
Always remember, as a consumer, you have rights. (And a duty to keep businesses honest!) Let’s move on to how you can deal with these sorts of problems.
 
==Take action==
 
===Step 1. Decide what outcome you’re seeking===
Once you understand your legal rights and options, decide what outcome you’re after. Do you want to return the item and get your money back? Do you want to keep the item but get things put right?
 
===Step 2. Collect your information===
Collect copies of any documents, such as any contract, receipts, correspondence, advertising, or warranty. Prepare notes. Include:
 
* details of the problem, including when you first noticed it
* anything the other party said that you relied on in making the purchase or contract
* what outcome you’re seeking
 
===Step 3. Contact the other party===
 
{| class="wikitable"
|align="left"|'''Tip'''
If there’s a cooling-off period, you need to give the other party written notice telling them you want to cancel. (Email is best; a regular letter can take time and may not get to them before the cooling-off period ends!) Once they get the notice and you return the item, you have no further legal obligations under the contract.
|}
 
Start by finding the right person to talk to about the problem. If there’s a complaints department, use it. If there isn't, talk to someone in authority, such as a manager or owner.
 
They may say you have to make your complaint in writing. If they do, get a name and address of the person to contact.
 
Be firm and businesslike, but polite. Let them know you understand what you’re entitled to. Tell them what you want them to do to resolve the problem.
 
Promises are one thing, but followup is key. The person may agree to do what you suggest, but confirm when they will do this. Ask them for their name so you can refer to the conversation later. Follow up with a written note confirming what was agreed to.
 
If the person doesn’t agree to do what you suggest, ask who you can contact with a formal complaint. Get the address of that person.
 
Make notes of your conversation. Date your notes.
 
===Step 4. Send a complaint letter===
If discussing the situation with the other party doesn’t resolve the problem, the next step is to send a complaint letter to them. We’ve got a template for you ready to go. [https://www.peopleslawschool.ca/letter-complain-faulty-goods/ Here's our complaint template].
 
===Step 5. Take to social media===
You can also take to social media to voice your concerns. Be accurate. Be truthful. You may end up getting what you want. Companies are eager to protect their reputations. If none of this works, there are agencies that can help.
 
==Who can help==
 
===Helpful agencies===
Shoddy goods? Seller refusing to give you a refund? If you need help with that or other consumer-related issues, there are agencies that can help.
 
:'''Consumer Protection BC'''
:Assistance relating to certain types of consumer problems and contracts in BC.
:Call 1-888-564-9963
:[[info@consumerprotectionbc.ca|Send email]]
:[https://www.consumerprotectionbc.ca/ Visit website]
 
:'''Better Business Bureau'''
:Might not solve problems, but helps people find businesses they can trust.
:Call 1-888-803-1222
:[https://www.bbb.org/ca/bc Visit website]
 
:'''Competition Bureau'''
:Deals with complaints about false or misleading advertising.
:Call 1-800-348-5358
:[https://www.competitionbureau.gc.ca/ Visit website]
 
===Legal advice===
Affordable legal help '''does''' exist. (To be fair, two of these are options for help, and the third — the online tribunal — is a cheap and fast option to resolve a dispute yourself.)
 
:'''Lawyer Referral Service'''
:Helps you connect with a lawyer for a complimentary 15-minute consult to see if you want to hire them.
:Call 1-800-663-1919
:[https://www.accessprobono.ca/our-programs/lawyer-referral-service Visit website]
 
:'''Access Pro Bono's Free Legal Advice'''
:Volunteer lawyers provide 30 minutes of free legal advice to people with low or modest income.
:Call 1-877-762-6664
:[https://www.accessprobono.ca/get-legal-help Visit website]
 
:'''Civil Resolution Tribunal'''
:Resolve disputes of less than $5,000 online 24/7 (no need for a lawyer!).
:[https://civilresolutionbc.ca/ Visit website]
 
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Latest revision as of 00:42, 7 November 2023

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Dean Davison, Davison North Law in January 2020.
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The TV won’t turn on. That computer doesn’t have Wi-Fi. The blender doesn’t blend. The item broke. The salespeople lied. Don’t forget that you have rights. Let’s get after it.

What you should know

Remedies available to you

If your new toaster clashes with your countertop, that’s not the manufacturer’s fault. If it doesn’t toast, that certainly is. If something you bought doesn’t work, you may be entitled to a refund, a repair, or a replacement.

When you buy something, that’s a contract. If the other side doesn’t do what they promised (like sell you a bike that works), they’ve broken the contract.

When this happens, a handful of solutions are available. The law calls these remedies.

Let’s say that on your first ride with that new bike, the frame breaks. The law offers these potential solutions:

  • The contract is cancelled. Return the bike and get a refund.
  • You’re awarded compensation. The seller must repair or replace the bike — and if you broke your leg when the frame broke, you may be entitled to compensation for that too.
  • The seller is ordered to perform the contract. In other words, they have to provide you with a working bike.

If what went wrong was essential to the purchase (that broken frame), you’re entitled to cancel the contract. If it wasn’t essential (a squeaky pedal), you’re likely entitled to a partial refund, but you can’t return the bike.

If something is faulty

The law requires a baseline level of quality for the things you buy. When you buy something from a business, the product has to:

  • be fit for the purpose you bought it for
  • work and be undamaged
  • be durable for a reasonable period of time
  • match the advertised description

These conditions are sometimes referred to as the legal warranty.

If any of these conditions aren’t met, you’re entitled to cancel the contract. Act immediately if you want to do that. If you wait, it’s harder to prove the defect isn’t just normal wear and tear.

If the item was damaged by regular use, an accident or misuse, you likely won’t be covered. As well, the law likely won’t help if you examined the goods beforehand and ought to have spotted the problem.

If the seller misled you

The seller can’t tell you something misleading or deceiving, or take advantage of you.

If the seller has lied about something essential (they said it’s four-wheel drive, but it isn’t) you may be entitled to a refund. If it’s non-essential (they said 24 kms per litre, but really it gets 18), you’re likely entitled to some compensation, but you can’t cancel the contract.

We’ve got more information on what is misleading or acting unfairly. See our information on the basics of making a purchase.

If a cooling-off period applies

A cooling-off period means a stretch of time, after the purchase, when you can decide this product doesn’t spark joy after all, and return it. You can cancel the contract without penalty. You don’t need to give a reason.

Not every purchase features a cooling-off period. It's available in some situations but not others. And the length of the cooling-off period varies depending on what you’re buying.

Cooling-off periods apply in these situations:

  • When you buy something in person, but not at the business location (like a door-to-door sale), you have a cooling-off period of 10 days after you receive a copy of the contract.
  • When you receive services on an ongoing basis (like a yoga or gym pass), you have a cooling-off period of 10 days after you receive a copy of the contract.
  • When signing a cellphone contract, you have a cooling-off period of 15 days after your cellphone service begins.

Two more examples:

  • When leasing a car, you have a one “clear” (full) day after you sign to reconsider.
  • If you 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 last.

For a product or service you buy online, you may or may not have a cooling-off period. It depends on the circumstances. We’ve got specific content on this if you’re interested. See our information on online shopping.

Otherwise, keep in mind that a store’s return policy may be able to help.

If there is a return policy

If you bought something from a retail store and have changed your mind, check the store’s policy on returns.

It’s best to know this policy in advance, especially for a big purchase. Some larger items, or electronics, have a stricter return policy.

First and always, keep your receipt! Often it has the return policy printed on it.

Check the following:

  • How many days until the return period expires. If there’s no time limit, great!
  • Whether you can have used the product before returning it.
  • Whether there are any “restocking” or other charges.

Some stores offer a satisfaction guarantee. This is a great thing for consumers! It gives you the legal right to return the product for a full refund, even if what you bought is perfectly alright.

Always remember, as a consumer, you have rights. (And a duty to keep businesses honest!) Let’s move on to how you can deal with these sorts of problems.

Take action

Step 1. Decide what outcome you’re seeking

Once you understand your legal rights and options, decide what outcome you’re after. Do you want to return the item and get your money back? Do you want to keep the item but get things put right?

Step 2. Collect your information

Collect copies of any documents, such as any contract, receipts, correspondence, advertising, or warranty. Prepare notes. Include:

  • details of the problem, including when you first noticed it
  • anything the other party said that you relied on in making the purchase or contract
  • what outcome you’re seeking

Step 3. Contact the other party

Tip

If there’s a cooling-off period, you need to give the other party written notice telling them you want to cancel. (Email is best; a regular letter can take time and may not get to them before the cooling-off period ends!) Once they get the notice and you return the item, you have no further legal obligations under the contract.

Start by finding the right person to talk to about the problem. If there’s a complaints department, use it. If there isn't, talk to someone in authority, such as a manager or owner.

They may say you have to make your complaint in writing. If they do, get a name and address of the person to contact.

Be firm and businesslike, but polite. Let them know you understand what you’re entitled to. Tell them what you want them to do to resolve the problem.

Promises are one thing, but followup is key. The person may agree to do what you suggest, but confirm when they will do this. Ask them for their name so you can refer to the conversation later. Follow up with a written note confirming what was agreed to.

If the person doesn’t agree to do what you suggest, ask who you can contact with a formal complaint. Get the address of that person.

Make notes of your conversation. Date your notes.

Step 4. Send a complaint letter

If discussing the situation with the other party doesn’t resolve the problem, the next step is to send a complaint letter to them. We’ve got a template for you ready to go. Here's our complaint template.

Step 5. Take to social media

You can also take to social media to voice your concerns. Be accurate. Be truthful. You may end up getting what you want. Companies are eager to protect their reputations. If none of this works, there are agencies that can help.

Who can help

Helpful agencies

Shoddy goods? Seller refusing to give you a refund? If you need help with that or other consumer-related issues, there are agencies that can help.

Consumer Protection BC
Assistance relating to certain types of consumer problems and contracts in BC.
Call 1-888-564-9963
Send email
Visit website
Better Business Bureau
Might not solve problems, but helps people find businesses they can trust.
Call 1-888-803-1222
Visit website
Competition Bureau
Deals with complaints about false or misleading advertising.
Call 1-800-348-5358
Visit website

Legal advice

Affordable legal help does exist. (To be fair, two of these are options for help, and the third — the online tribunal — is a cheap and fast option to resolve a dispute yourself.)

Lawyer Referral Service
Helps you connect with a lawyer for a complimentary 15-minute consult to see if you want to hire them.
Call 1-800-663-1919
Visit website
Access Pro Bono's Free Legal Advice
Volunteer lawyers provide 30 minutes of free legal advice to people with low or modest income.
Call 1-877-762-6664
Visit website
Civil Resolution Tribunal
Resolve disputes of less than $5,000 online 24/7 (no need for a lawyer!).
Visit website
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