3,009
edits
Difference between revisions of "Online Shopping"
From Clicklaw Wikibooks
no edit summary
Audrey Jun (talk | contribs) |
Dial-A-Law (talk | contribs) |
||
| Line 5: | Line 5: | ||
==Shopping online or by phone or mail order has its pitfalls== | ==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 | 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”?== | ==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: | 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: | ||
*the seller’s name, address and telephone number | *the seller’s name, address and telephone number | ||
*the seller’s email address, if available | *the seller’s email address, if available | ||
| Line 18: | Line 18: | ||
==You must be given a copy of the contract== | ==You must be given a copy of the contract== | ||
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: | |||
*your name as the consumer | *your name as the consumer | ||
*the date of the contract | *the date of the contract | ||
| Line 24: | Line 24: | ||
==Can you cancel a distance sales contract?== | ==Can you cancel a distance sales contract?== | ||
Yes. You may cancel in the following circumstances: | 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 | *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 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 supply date, you may cancel the contract anytime before the goods or services are delivered. | ||
| Line 30: | Line 30: | ||
==How do you cancel?== | ==How do you cancel?== | ||
It’s best | 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?== | ==Will you get a refund?== | ||
| Line 46: | Line 46: | ||
*250.386.6348 for Vancouver Island | *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 | 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]”. | ||
Or see if the company displays the | 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. | ||
==How is paying with a credit card safer?== | ==How is paying with a credit card safer?== | ||
When ordering goods, you may | 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, you | 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. | ||
==How can you ensure a website is secure for online payments?== | ==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 | 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. | ||
==What can you do if you receive merchandise you never ordered?== | ==What can you do if you receive merchandise you never ordered?== | ||
The ''Business Practices and Consumer Protection Act'' says that you have | 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. | ||
==What can you do to prevent unsolicited phone calls, email, faxes, and mail?== | ==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: | 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:''' | *'''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 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 | *'''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. | ||
*'''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. | *'''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 | ==Canada’s anti-spam law started July 1, 2014== | ||
Starting July 1, 2014, Canada has | Starting July 1, 2014, Canada has an 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 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. | ||
| Line 80: | Line 80: | ||
Three federal government agencies will enforce the law: the CRTC, the Competition Bureau, and the Office of the Privacy Commissioner. | Three federal government agencies will enforce the law: the CRTC, the Competition Bureau, and the Office of the Privacy Commissioner. | ||
Details on the | Details on the law are available on the [http://fightspam.gc.ca/eic/site/030.nsf/eng/home Canadian government’s anti-spam website]. | ||
==What should you do if you have a complaint?== | ==What should you do if you have a complaint?== | ||
| Line 88: | Line 86: | ||
==More information== | ==More information== | ||
*If you make a complaint but don’t get a satisfactory response within three weeks, or want more information, | *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]. | ||
*Check the | *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]. | ||
*Check also [http://www.competitionbureau.gc.ca | *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. | ||
*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. | |||
*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”. | *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”. | ||
*Check | *Check the [http://fightspam.gc.ca/eic/site/030.nsf/eng/home Canadian government’s anti-spam website]. | ||
[updated | [updated May 2016] | ||
