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Difference between revisions of "Fitness Centres, Yoga Studios, and Other “Continuing Service Contracts”"
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Fitness Centres, Yoga Studios, and Other “Continuing Service Contracts” (view source)
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==What is a future performance contract?== | ==What is a future performance contract?== | ||
An agreement where you don’t receive the goods or services immediately, or you don’t pay in full upfront, is a future performance contract under the Business Practices & Consumer Protection Act. Examples include a contract for home repairs and a contract to join a fitness club. But contracts under $50 are not included. | An agreement where you don’t receive the goods or services immediately, or you don’t pay in full upfront, is a future performance contract under the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/04002_04#part4_division1 Business Practices & Consumer Protection Act]''. Examples include a contract for home repairs and a contract to join a fitness club. But contracts under $50 are not included. | ||
==What a future performance contract must include== | ==What a future performance contract must include== | ||
The Business Practices & Consumer Protection Act lists all the information the contract must include. It must be in writing and you must have signed it. And it must include: | The ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/04002_04#part4_division1 Business Practices & Consumer Protection Act]'' lists all the information the contract must include. It must be in writing and you must have signed it. And it must include: | ||
*The supply date. | *The supply date. | ||
*The date when the supply of the goods or services will be complete. | *The date when the supply of the goods or services will be complete. | ||
*The name, address and telephone number of the seller. | *The name, address and telephone number of the seller. | ||
*A description of the goods or services. | |||
(The costs, including taxes and shipping charges, plus the total price. | (The costs, including taxes and shipping charges, plus the total price. | ||
*A detailed statement of the payment terms. | |||
==Cancelling a future performance contract== | ==Cancelling a future performance contract== | ||
You must be given a copy of the contract within 15 days after you sign it. If the copy you get doesn’t have all the things that the ''Business Practices & Consumer Protection Act'' requires, then you have up to a year to cancel it. Consumer Protection BC has information and cancellation forms to complete and send to the business. | You must be given a copy of the contract within 15 days after you sign it. If the copy you get doesn’t have all the things that the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/04002_04#part4_division1 Business Practices & Consumer Protection Act]'' requires, then you have up to a year to cancel it. [http://www.consumerprotectionbc.ca/ Consumer Protection BC] has [http://www.consumerprotectionbc.ca/consumers-other-businesses-home/how-can-we-help/future-performance-contracts information and cancellation forms] to complete and send to the business. | ||
==Continuing services contracts== | ==Continuing services contracts== | ||
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If you cancel because of a significant change in your personal situation, you can get a pro-rated refund based on how much of the service you’ve used, minus 30% to cover the seller’s costs. If you cancel because the seller’s services changed, you can get a pro-rata refund without any deduction. | If you cancel because of a significant change in your personal situation, you can get a pro-rated refund based on how much of the service you’ve used, minus 30% to cover the seller’s costs. If you cancel because the seller’s services changed, you can get a pro-rata refund without any deduction. | ||
Consumer Protection BC has information and cancellation forms to complete and send to the business. | [http://www.consumerprotectionbc.ca/ Consumer Protection BC] has [http://www.consumerprotectionbc.ca/component/content/article/154-other-businesses/1025-cancelling-a-continuing-service-contract information and cancellation forms] to complete and send to the business. | ||
==Direct sales contracts== | ==Direct sales contracts== | ||
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==What a direct sales contract must include== | ==What a direct sales contract must include== | ||
The Business Practices & Consumer Protection Act lists all the information the contract must include. It must be in writing and you must have signed it. And it must include: | The ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/04002_04#part4_division1 Business Practices & Consumer Protection Act]'' lists all the information the contract must include. It must be in writing and you must have signed it. And it must include: | ||
*The supply date. | *The supply date. | ||
*The place where the contract was signed. | *The place where the contract was signed. | ||
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'''In the first 10 days'''—you have up to 10 days to cancel the contract after you sign it and get a copy of it. In fact, the contract has to say that you have this right to cancel any time within the first 10 days. | '''In the first 10 days'''—you have up to 10 days to cancel the contract after you sign it and get a copy of it. In fact, the contract has to say that you have this right to cancel any time within the first 10 days. | ||
'''If a contract lacks a required part'''—if the direct sales contract you sign have all the things that the Business Practices & Consumer Protection Act requires, then you have up to a year to cancel it. | '''If a contract lacks a required part'''—if the direct sales contract you sign have all the things that the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/04002_04#part4_division1 Business Practices & Consumer Protection Act]'' requires, then you have up to a year to cancel it. | ||
If you don’t receive the goods or services—if you don’t receive the goods or services within 30 days of signing the contract, you have up to a year to cancel. So if you don’t receive the promised vacuum cleaner within 30 days, then you have up to one year to cancel, as long as you don’t accept the goods or services later. | If you don’t receive the goods or services—if you don’t receive the goods or services within 30 days of signing the contract, you have up to a year to cancel. So if you don’t receive the promised vacuum cleaner within 30 days, then you have up to one year to cancel, as long as you don’t accept the goods or services later. | ||
==Cancel in writing== | ==Cancel in writing== | ||
It’s best to cancel a contract in | '''It’s best to cancel a contract in writing'''—by email, fax, or registered mail. Or you can deliver a cancellation notice (the links for forms are in each section above) to the seller. Keep a copy of your written cancellation and proof that you delivered it within the allowed time. | ||
==Will you get your money back?== | ==Will you get your money back?== | ||
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==What happens if the seller doesn’t give you a refund?== | ==What happens if the seller doesn’t give you a refund?== | ||
If you try to cancel a future performance contract, including a continuing services contract, or a direct sales contract, and you don’t get a refund, contact Consumer Protection BC for more information and possible next steps. | If you try to cancel a future performance contract, including a continuing services contract, or a direct sales contract, and you don’t get a refund, contact [http://www.consumerprotectionbc.ca/ Consumer Protection BC] for [http://www.consumerprotectionbc.ca/consumers-other-businesses-home/help-for-consumers-enforcement-actions more information] and possible next steps. | ||
==What is a time-share?== | ==What is a time-share?== | ||
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==Can you cancel a time-share contract?== | ==Can you cancel a time-share contract?== | ||
BC’s Real Estate Development Marketing Act says that if you make the contract in BC, and later decide you acted too quickly, you can back out of the contract if you cancel within seven days. This applies whether the time-share relates to property in or outside of BC. But—and this is very important—if you sign a deal outside of BC, say in Mexico for a Mexican time-share, BC’s Real Estate Development Marketing Act does not apply. Instead, the law of the country where you signed the deal applies. | BC’s ''[http://bclaws.ca/civix/document/id/complete/statreg/04041_01 Real Estate Development Marketing Act]'' says that if you make the contract in BC, and later decide you acted too quickly, you can back out of the contract if you cancel within seven days. This applies whether the time-share relates to property in or outside of BC. But—and this is very important—if you sign a deal outside of BC, say in Mexico for a Mexican time-share, BC’s ''[http://bclaws.ca/civix/document/id/complete/statreg/04041_01 Real Estate Development Marketing Act]'' does not apply. Instead, the law of the country where you signed the deal applies. | ||
==More information== | ==More information== | ||
Check with Consumer Protection BC or call them at 1.888.564.9963. | *Check with [http://www.consumerprotectionbc.ca/ Consumer Protection BC] or call them at 1.888.564.9963. | ||
Check sellers with the lower mainland Better Business Bureau (604.682.2711) or the Vancouver Island office (250.386.6348). Check the Business Practices & Consumer Protection Act (also available at law libraries). | *Check sellers with the [http://www.bbb.org/mbc lower mainland Better Business Bureau] (604.682.2711) or the [http://www.bbb.org/vancouver-island Vancouver Island office] (250.386.6348). Check the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/04002_04#part4_division1 Business Practices & Consumer Protection Act]'' (also available at law libraries). | ||
