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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}}


{{Dial-A-Law TOC|expanded = credit}}
It’s easier than ever to do all of your shopping online (even for toilet paper). Like any purchase, online shopping creates a contract, and you have rights.
This script discusses shopping by phone, mail order or over the Internet, as well as what to do if you receive unsolicited phone calls, faxes and mail after making such a purchase.


==Shopping online or by phone or mail order has its pitfalls==
==What you should know==
Buying goods or services by phone or mail order or over the Internet can be a convenient way to shop. Sometimes you can buy things not available in local stores. Many reputable firms use these sales methods. But shopping this way also has its dangers. There may be shipping delays, or the quality of the item may not match the advertised description, or you may pay for something but get nothing in return.


==What is a “distance sales contract”?==
===The seller must give you certain information when you buy online===
When you buy goods or services by phone or mail order or over the Internet, you may be making a “distance sales contract”. The ''[http://www.bclaws.ca/civix/document/id/complete/statreg/04002_00 Business Practices & Consumer Protection Act]'' says that before you enter into a distance sales contract, the seller must clearly disclose the following things:
When you buy something online (or by phone), you can’t inspect the goods beforehand. So special rules apply. The seller has to tell you:
*the seller’s name, address and telephone number
*the seller’s email address, if available
*a description of the goods or services
*the total price and a detailed statement of the terms of payment
*the currency under which amounts owing are payable
*an explanation of how the goods will be shipped to you
*the seller’s return or exchange policy, if any


==You must be given a copy of the contract==
* their name, address, and phone number — and their email address if you’re buying online
For the contract to be legally binding, you must receive a copy of it within 15 days after making it. An email copy is sufficient. The contract must contain the information that the seller was required to disclose to you before you bought the goods or services, along with the following:
* detailed information about the product
*your name as the consumer
* the total price you’ll pay, with a breakdown of taxes and other charges
*the date of the contract
* the currency you must pay in
* an explanation of how the goods will be shipped to you
* the seller’s cancellation and return policy


==Can you cancel a distance sales contract?==
===The seller must give you a copy of the contract===
Yes. You may cancel in the following circumstances:
For it to be legally binding, the seller must give you a copy of the contract — a detailed receipt, basically — within 15 days of the sale.
*If the seller doesn’t disclose the required information or the contract doesn’t contain it, you have up to 7 days after receiving the contract to cancel it.
*If you don’t get a copy of the contract within the 15 days after making it, as required, then you have up to 30 days to cancel it.
*If you don’t receive what you ordered within 30 days of the supply date, you may cancel the contract anytime before the goods or services are delivered.
*If you don’t receive what you ordered within 30 days of the date of the contract, and a supply date wasn’t provided, you may cancel the contract anytime before the goods or services are delivered.


==How do you cancel?==
For online shopping, the seller must make the contract available to you in a way that lets you keep and print the information, like in your online account. The seller may also send you a copy of the contract by email.
It’s best to cancel the contract in writing by fax, e-mail or registered mail, or by delivering a notice to the seller saying that you’re cancelling. This will be proof that the seller received your cancellation notice within the allowed time. Keep a copy so you can prove that you cancelled.


==Will you get a refund?==
===If the contract doesn’t include the required information===
If you cancel because the seller didn’t disclose the required information or the contract doesn’t contain it, the seller must refund your money within 15 days after you give notice of cancellation. You have to return the unused goods within 15 days after getting them or within 15 days after giving notice of cancellation, whichever is later. The seller is responsible for the reasonable cost of returning the goods.
If the contract doesn’t include all the information the seller is required to give you, you can walk away. You can cancel up to '''seven days''' after receiving the contract.


==What can you do to protect yourself?==
===If the seller doesn’t provide you with a copy of the contract===
*Check the reputation and product of the phone, mail order or online company.
If you don’t get a copy of the contract within 15 days of the sale, you can cancel. In this case, you have up to '''30 days''' after placing your order to cancel the contract.
*Pay with a credit card.
*Make sure the website is secure if you pay online.


==How can you check the reputation and product of the company?==
===If you don’t receive your order===
Contact the Better Business Bureau to see if there have been any recent complaints, and if so, if the complaints were resolved to everyone’s satisfaction. Their phone number is:
If you don’t receive what you ordered within 30 days of the estimated delivery date, you can cancel the contract any time before the goods or services are delivered.
*604.682.2711 for mainland BC
*1.888.803.1222 toll free for the interior
*250.386.6348 for Vancouver Island


For an online company, look for a reliability seal from a reputable online consumer protection program. Check with the [http://www.bbb.org/ Better Business Bureau] to see if the company has a “[http://www.bbb.org/ottawa/for-businesses/become-an-accredited-business/advertising-bbb-accreditation/bbb-accredited-business-seal-for-the-web-/ BBB Accredited Business Seal for the Web]”.
No estimated delivery date? Then you can cancel within 30 days of ordering.


Or see if the company displays the [http://www.the-cma.org/consumers/look-for-the-logo Canadian Marketing Association member logo], meaning that the company follows a code of ethics.  
===If the company sends you emails and ads you didn’t sign up for===
Seems like every time you buy something online, ads from the same company start appearing on your desktop. Canada has laws against spam, but the sellers may actually be allowed to do this.


==How is paying with a credit card safer?==
There’s an exemption in the spam laws for “existing customers.” Since you’ve bought something, that means you have a business relationship with the online seller. They use this cozy status as a reason to send you ads.
When ordering goods, you may be able to pay by Visa or MasterCard and give your card number and its expiry date. This can actually be safer than sending a cheque or money order. If you cancel a distance sales contract, you can ask your credit card issuer to cancel or reverse the credit card charge and any associated interest or other charges. The credit card issuer must acknowledge your request within 30 days of receiving it. Then if your request meets the requirements set out in the ''Business Practices & Consumer Protection Act'', the credit card issuer must cancel or reverse the charge within two complete billing cycles or 90 days, whichever is earlier.


So, for example, if you don’t get what you bought within 30 days and you cancel the contract before the goods arrive (if they ever do come), your credit card issuer must cancel or reverse the charges if you ask them. On the other hand, if you pay by money order or cheque and never receive the goods, there is not much you can do.
You can always opt out — ads from businesses must have an “unsubscribe” link. (Hint: It’s always buried at the bottom.) And stay on guard for emails that seem to come from an online business that you know, but are really spam. Never download suspicious files or respond to suspicious messages.


==How can you ensure a website is secure for online payments?==
==Take action==
Look for the letter “s” in the prefix “https” to the website address or an unbroken lock and key symbol, usually in the lower right-hand corner. Never send financial information by e-mail. It's not secure.
Savvy online shoppers abide by a handful of (non-biblical) commandments. Hot tips coming up.


==What can you do if you receive merchandise you never ordered?==
===Step 1. Do your research===
The ''Business Practices and Consumer Protection Act'' says that you do not have to pay for unsolicited goods or services unless you expressly tell the supplier in writing that you intend to accept the goods or services. So if you simply get something out of the blue that you never asked for, you don’t have to pay for it. But to protect yourself, you may want to return the item and keep copies of all correspondence.
Before you buy that sleek-looking dehumidifier for your basement, make sure it’s the right one for you. Read reviews. Make sure it’ll handle your needs but isn’t more than you need. A little homework on the front end may save you trouble later.


==What can you do to prevent unsolicited phone calls, email, faxes, and mail?==
===Step 2. If you want to cancel, contact the seller directly===
Sometimes after making a phone, internet, or mail order purchase, you may find yourself on various mailing and phone lists, and end up receiving piles of brochures, advertisements and sample products, and endless phone calls and emails from telemarketers and others. The emails may be phishing scams. And they often have spyware and malware that will harm your computer and steal your personal information and identity. To avoid this flood of junk mail (or spam) and calls, and the dangers they pose, here’s what you can do:
If you want to cancel because you never got your contract or the goods didn’t arrive in time, reach out to the seller directly.
*'''Contact the [http://www.the-cma.org/ Canadian Marketing Association]:''' click on the “[http://www.the-cma.org/consumers/ For Consumers]” link to find their voluntary [http://www.the-cma.org/consumers/do-not-contact Do Not Mail Service]". Follow the registration instructions to have your name deleted from member phone and mailing marketing lists. This won’t eliminate the problem but it can greatly reduce the amount of unsolicited calls and mail you receive. You’ll be placed on their “Do Not Call” list for three years.


*'''Register with the [https://www.lnnte-dncl.gc.ca/index-eng National Do Not Call List]:''' The Canadian Radio-Television and Telecommunications Commission—or CRTC—requires that telemarketers maintain “Do Not Call” lists and respect such requests for three years. Telemarketers must also issue a unique registration number for each “Do Not Call” request, so keep the number as proof of your request. But the CRTC has no control of businesses and people outside Canada, and they often ignore the list and continue to call.
Be firm but polite. Explain why you’re cancelling. You may have to speak to a manager. Make sure you get confirmation in writing that they’ve accepted the cancellation and the amount they’re going to refund you (if you’ve pre-paid).


*'''Block the number that is calling you''' if you have that feature on your phone. But telemarketers can constantly change their calling number so even if you block them, they keep getting through.
If you decide to cancel a contract for something you bought online, notify the seller in '''writing'''. You can use a notice of cancellation form provided by Consumer Protection BC: they have forms for if the seller [https://www.consumerprotectionbc.ca/wordpress/wp-content/uploads/2017/08/Distance-sales-contract-cancellation-within-7-days.pdf didn’t provide the required info], [https://www.consumerprotectionbc.ca/wordpress/wp-content/uploads/2017/08/Cancel-your-distance-sales-contract-within-30-days-of-purchase-for-not-receiving-a-copy-of-the-contract.pdf didn’t provide a copy of the contract], or [https://www.consumerprotectionbc.ca/wordpress/wp-content/uploads/2017/08/Cancel-your-distance-sales-contract-for-not-receiving-the-goods-or-services-within-30-days-of-the-supply-date.pdf didn’t deliver within the required time].


==Canada’s anti-spam law started July 1, 2014==
===Step 3. Wait 15 days===
Canada’s anti-spam law started on July 1, 2014. It aims to protect people and businesses from spam (junk email and text messages) and online threats (spyware, malware, phishing scams, etc.) originating in Canada. It’s called the ''[http://laws-lois.justice.gc.ca/eng/acts/E-1.6/index.html Electronic Commerce Protection Act]''. Unfortunately, the law cannot control businesses and people outside Canada, and they produce huge amounts of spam and online threats. One part of the law created a private right of action. It would let you sue for violations of the law, and it was due to take effect on July 1, 2017. But the federal government has [https://www.canada.ca/en/innovation-science-economic-development/news/2017/06/government_of_canadasuspendslawsuitprovisioninanti-spamlegislati.html suspended it] indefinitely to review it.
The seller has 15 days to give you a refund. If nothing has happened by then, give them a call. Confirm they got your letter. Demand your refund.


'''Consent is required'''—a key section of the law requires senders of commercial emails and text messages to have the consent of the person they’re sending the message to (the recipient). The law also prohibits installation of computer programs and collection of electronic addresses without consent, as well as false and misleading representations.
===Step 4. If you paid by credit card, contact your credit card provider===
Still no refund from the seller? Ask your credit card provider to reverse the charge. The credit card provider must do so — plus refund any associated interest — within two complete billing cycles or 90 days, whichever is earlier.


'''Two types of consent''': [http://fightspam.gc.ca/eic/site/030.nsf/eng/00304.html#q1 express and implied]. There is implied consent if there is already a relationship between the sender and recipient of a commercial message. It lasts for 2 years. Recipients can cancel implied consent any time. Senders of commercial messages can ask recipients for express consent (the recipient agrees to receive messages) to send commercial messages. It does not expire. Senders of commercial messages must keep records to show they obtained the recipient’s consent. The Canadian government’s anti-spam [http://www.crtc.gc.ca/eng/internet/infograph.htm website compares implied and express consent in detail].
Contact your credit card provider with:
* the seller’s name
* the date of the purchase
* the amount charged to the credit card
* a description of the goods or services
* the reason for cancellation
* the date and method of cancellation
* a copy of your notice of cancellation that you sent to the company


'''Senders must identify themselves and let recipients unsubscribe'''—in addition to getting consent from recipients, senders of commercial messages must identify themselves and include an unsubscribe option in the message so recipients can stop receiving messages.  
===Step 5. Take to social media===
You can also tell the whole sorry tale on social media. Be accurate. Be truthful. Not being truthful may expose you to a lawsuit. You may end up getting what you want. Companies are eager to protect their reputations.


[http://fightspam.gc.ca/eic/site/030.nsf/eng/h_00039.html Three federal government agencies enforce the law]: the [http://www.crtc.gc.ca/eng/home-accueil.htm CRTC], the [http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/home Competition Bureau], and the [https://www.priv.gc.ca/en/ Office of the Privacy Commissioner of Canada].
==Who can help==


Details on the law are available on the [http://fightspam.gc.ca/eic/site/030.nsf/eng/home Canadian government’s anti-spam website].
===Helpful agencies===
Still stuck waiting for that pair of shoes you bought but that never arrived? If you need help with that or other consumer-related issues, consider getting in touch with these agencies.


==What should you do if you have a complaint?==
:'''Consumer Protection BC'''
If you have a complaint about delays in delivery, an error on your bill, or the quality of the goods, write the company (don’t phone). State the nature of the problem and what you want done. Keep a copy of all your correspondence, as well as a copy of the original advertisement for the product. If you don’t receive a reply to your first letter, send another, this time by registered mail. In it, refer to your first letter and keep a copy of it as well. Hopefully this will resolve the problem.
: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]


==More information==
:'''Better Business Bureau'''
*If you make a complaint but don’t get a satisfactory response within three weeks, or want more information, contact the [http://www.the-cma.org/ Canadian Marketing Association].
:They may not solve your problem, but reporting can help others avoid problems.
:Call 1-888-803-1222
:[https://www.bbb.org/ca/bc Visit website]


*Check the [http://www.bbb.org/mbc/get-consumer-help/tips-directory/ Consumer Tips Directory] of the [http://www.mbc.bbb.org/ Better Business Bureau for mainland BC].
===Legal advice===
Getting legal advice can help you decide on the best next step. Or if you're up for a self-help approach, the Civil Resolution Tribunal is a great option.


*To learn more about how to prevent and handle consumer problems when they arise, contact [http://www.consumerprotectionbc.ca/ Consumer Protection BC] at 1.888.564.9963.
:'''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]


*Check also the [http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/h_00139.html publications section] of the federal government’s Competition Bureau.
:'''Access Pro Bono's Free Legal Advice'''
 
:Volunteer lawyers provide 30 minutes of free legal advice to people with low or modest income.
*Check script [[Dishonest Business Practices and Schemes (Script 260)|260]] on “Dishonest Business Practices and Schemes”. If the goods you bought are defective, check script [[Buying Defective Goods (Script 257)|257]] on “Buying Defective Goods”.
:Call 1-877-762-6664
 
:[https://www.accessprobono.ca/get-legal-help Visit website]
*Check the [http://fightspam.gc.ca/eic/site/030.nsf/eng/home Canadian government’s anti-spam website].
 
 
[updated June 2017]
 
 
----
----


:'''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 06:01, 11 October 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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It’s easier than ever to do all of your shopping online (even for toilet paper). Like any purchase, online shopping creates a contract, and you have rights.

What you should know

The seller must give you certain information when you buy online

When you buy something online (or by phone), you can’t inspect the goods beforehand. So special rules apply. The seller has to tell you:

  • their name, address, and phone number — and their email address if you’re buying online
  • detailed information about the product
  • the total price you’ll pay, with a breakdown of taxes and other charges
  • the currency you must pay in
  • an explanation of how the goods will be shipped to you
  • the seller’s cancellation and return policy

The seller must give you a copy of the contract

For it to be legally binding, the seller must give you a copy of the contract — a detailed receipt, basically — within 15 days of the sale.

For online shopping, the seller must make the contract available to you in a way that lets you keep and print the information, like in your online account. The seller may also send you a copy of the contract by email.

If the contract doesn’t include the required information

If the contract doesn’t include all the information the seller is required to give you, you can walk away. You can cancel up to seven days after receiving the contract.

If the seller doesn’t provide you with a copy of the contract

If you don’t get a copy of the contract within 15 days of the sale, you can cancel. In this case, you have up to 30 days after placing your order to cancel the contract.

If you don’t receive your order

If you don’t receive what you ordered within 30 days of the estimated delivery date, you can cancel the contract any time before the goods or services are delivered.

No estimated delivery date? Then you can cancel within 30 days of ordering.

If the company sends you emails and ads you didn’t sign up for

Seems like every time you buy something online, ads from the same company start appearing on your desktop. Canada has laws against spam, but the sellers may actually be allowed to do this.

There’s an exemption in the spam laws for “existing customers.” Since you’ve bought something, that means you have a business relationship with the online seller. They use this cozy status as a reason to send you ads.

You can always opt out — ads from businesses must have an “unsubscribe” link. (Hint: It’s always buried at the bottom.) And stay on guard for emails that seem to come from an online business that you know, but are really spam. Never download suspicious files or respond to suspicious messages.

Take action

Savvy online shoppers abide by a handful of (non-biblical) commandments. Hot tips coming up.

Step 1. Do your research

Before you buy that sleek-looking dehumidifier for your basement, make sure it’s the right one for you. Read reviews. Make sure it’ll handle your needs but isn’t more than you need. A little homework on the front end may save you trouble later.

Step 2. If you want to cancel, contact the seller directly

If you want to cancel because you never got your contract or the goods didn’t arrive in time, reach out to the seller directly.

Be firm but polite. Explain why you’re cancelling. You may have to speak to a manager. Make sure you get confirmation in writing that they’ve accepted the cancellation and the amount they’re going to refund you (if you’ve pre-paid).

If you decide to cancel a contract for something you bought online, notify the seller in writing. You can use a notice of cancellation form provided by Consumer Protection BC: they have forms for if the seller didn’t provide the required info, didn’t provide a copy of the contract, or didn’t deliver within the required time.

Step 3. Wait 15 days

The seller has 15 days to give you a refund. If nothing has happened by then, give them a call. Confirm they got your letter. Demand your refund.

Step 4. If you paid by credit card, contact your credit card provider

Still no refund from the seller? Ask your credit card provider to reverse the charge. The credit card provider must do so — plus refund any associated interest — within two complete billing cycles or 90 days, whichever is earlier.

Contact your credit card provider with:

  • the seller’s name
  • the date of the purchase
  • the amount charged to the credit card
  • a description of the goods or services
  • the reason for cancellation
  • the date and method of cancellation
  • a copy of your notice of cancellation that you sent to the company

Step 5. Take to social media

You can also tell the whole sorry tale on social media. Be accurate. Be truthful. Not being truthful may expose you to a lawsuit. You may end up getting what you want. Companies are eager to protect their reputations.

Who can help

Helpful agencies

Still stuck waiting for that pair of shoes you bought but that never arrived? If you need help with that or other consumer-related issues, consider getting in touch with these agencies.

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
They may not solve your problem, but reporting can help others avoid problems.
Call 1-888-803-1222
Visit website

Legal advice

Getting legal advice can help you decide on the best next step. Or if you're up for a self-help approach, the Civil Resolution Tribunal is a great option.

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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