Online Shopping

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

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 that aren’t 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”?

When you buy goods or services by phone or mail order or over the Internet, you may be making a “distance sales contract.” The Business Practices & Consumer Protection Act says that before you enter into a distance sales contract, the seller must clearly disclose the following things:

• 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

To be legally binding, you must receive a copy of the contract 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:

• your name as the consumer
• the date of the contract

Can you cancel a distance sales contract?

Yes. You may cancel in the following circumstances:

• If the seller doesn’t disclose the required information or the contract doesn’t contain it, you have up to seven 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?

It’s best if you cancel the contract in writing by fax, e-mail or registered mail, or by delivering a notice to the seller indicating that you’re cancelling. This will provide proof that the seller received your cancellation notice within the allowed time frame. Just be sure to keep a copy so you have proof that you cancelled.

Will you get a refund?

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.

What can you do to protect yourself?

• Check the reputation and product of the phone, mail order or online company.
• 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?

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:

• 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 Better Business Bureau at www.bbb.org, to see if the company has a “BBB Accredited Business Seal for the Web”.

Or see if the company displays the Canadian Marketing Association member logo, which is your assurance that the company abides by a strict code of ethics. See www.the-cma.org/consumers/look-for-the-logo for more information on this.

How is paying with a credit card safer?

When ordering goods, you may have the option of paying by Visa or MasterCard and giving 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, you don’t have much leverage.

How can you ensure a website is secure for online payments?

Look for the letter “s” in the prefix “https” to the website address or an unbroken lock and key symbol, usually found in the lower right-hand corner. Never send financial information by e-mail, which isn’t secure.

What can you do if you receive merchandise you never ordered?

The Business Practices and Consumer Protection Act says that you have no obligation 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. However, to protect yourself, you may wish to return the item, ensuring you keep copies of all correspondence.

What can you do to prevent unsolicited phone calls, email, faxes, and mail?

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:

• Contact the Canadian Marketing Association: See the Canadian Marketing Association's website at www.the-cma.org and click on the “For Consumers” link to find their voluntary Do Not Contact 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 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. See https://www.lnnte-dncl.gc.ca to register with the National Do Not Call List. But the CRTC has no control of businesses and people outside Canada, and they often ignore the list and continue to call.

• 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.

Canada’s new anti-spam law starts July 1, 2014

Starting July 1, 2014, Canada has a new anti-spam law 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 Electronic Commerce Protection Act. Unfortunately, the law cannot control businesses and people outside Canada, and they produce huge amounts of spam and online threats. Some sections of the law take effect later: January 15, 2015 for the sections on installing computer programs and July 1, 2017 for the sections on suing for losses.

Consent is required—a key section of the new law requires senders of commercial emails and text messages to have the consent of the person they’re sending the message to. The law also prohibits installation of computer programs and collection of electronic addresses without consent, as well as false and misleading representations.

Consent requirement is phased in—the law has two types of consent: express and implied. There is implied consent for 36 months after the law starts—if there is already a relationship between the sender and recipient of a commercial message. But the recipient can cancel this implied consent any time. During these 36 months, senders of commercial messages can ask recipients for express consent so they can continue sending commercial messages to those recipients after the 36 months.

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.

Three federal government agencies will enforce the law: the CRTC, the Competition Bureau, and the Office of the Privacy Commissioner.

Details on the new law are available on two government websites:

• https://www.ic.gc.ca/eic/site/ecic-ceac.nsf/eng/gv00521.html
• http://fightspam.gc.ca/eic/site/030.nsf/eng/home

What should you do if you have a complaint?

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.

More information

• If you make a complaint but don’t get a satisfactory response within three weeks, or want more information, write the Canadian Marketing Association at 1 Concorde Gate, Suite 607, Don Mills, Ontario, M3C 3N6, or contact them via their website at www.the-cma.org.

• Check the “Consumer Tips” section in the Resource Library on www.mbc.bbb.org, the website for the Better Business Bureau for mainland BC.
• To learn more about how to prevent and handle consumer problems when they arise, contact Consumer Protection BC at 1.888.564.9963. Their website www.consumerprotectionbc.ca.

• Check also www.competitionbureau.gc.ca, which is the website for the federal government’s Competition Bureau, and search under the “Resources” section under “Publications” for consumer tools and pamphlets.

• Check script 260 on “Dishonest Business Practices and Schemes”. If the goods you bought are defective, check script 257 on “Buying Defective Goods”.

• Check https://www.ic.gc.ca/eic/site/ecic-ceac.nsf/eng/gv00521.html and http://fightspam.gc.ca/eic/site/030.nsf/eng/home for information on Canada’s new anti-spam law.

[updated June 2014]

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A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

An agreement between two or more people, giving them obligations towards each other that can be enforced in court. A valid contract must be offered by one person and accepted by the other, and some form of payment or other thing of value must generally be exchanged between the parties to the contract.

(1) In law, a requirement or obligation to honour and abide by something, such as a contract or order of the court. A judge's order is "binding" in the sense that it must be obeyed or a certain punishment will be imposed. (2) The principle that a higher court's decision on a point of law must be followed by a lower court. See "contempt of court" and "precedent."

(1) Information which establishes or tends to establish the truth of a fact, or (2) the conclusion of a logical argument. See "evidence" and "premises."

A duty, whether contractual, moral, or legal in origin, to do or not do something. See "duty."

In law, the directions given by a client to their lawyer about either the conduct of their affairs or a court proceeding.

(1) Agreement, or (2) the giving of permission for a thing to happen or not happen.

Sending legal documents to a party at that party's "address for service," usually by mail, fax, or email, called "ordinary service" in proceedings before the Supreme Court. Certain documents, like a Notice of Family Claim, must be served on the other party by personal service. Most other documents may be served by ordinary service. See also "address for service" and "personal service."

In law, (1) a piece of draft legislation presented to the legislature for its approval,or (2) a lawyer's statement of account for services rendered to their client. See "account," "act," and "lawyer's fees."

In law, an answer or rebuttal to a claim made or a defence raised by the other party to a court proceeding or legal dispute. See "action," "claim," "defence" and "rebut."

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."