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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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A direct sales contract is signed at a place other than the seller’s permanent place of business, (for example, at your home). However, if you invite a supplier into your home more than 24 hours in advance, any contract you sign with that supplier is not considered a direct sales contract. Also, there is a limit to the down payment a seller can require in a direct sales contract. For example, if a door-to-door salesperson comes to your home and sells you a vacuum cleaner, the salesperson cannot ask for a down-payment of more than $100 or 10% of the purchase price, whichever is less. | A direct sales contract is signed at a place other than the seller’s permanent place of business, (for example, at your home). However, if you invite a supplier into your home more than 24 hours in advance, any contract you sign with that supplier is not considered a direct sales contract. Also, there is a limit to the down payment a seller can require in a direct sales contract. For example, if a door-to-door salesperson comes to your home and sells you a vacuum cleaner, the salesperson cannot ask for a down-payment of more than $100 or 10% of the purchase price, whichever is less. | ||
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. The contract must be in writing and must have been signed by you. It must also 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. The contract must be in writing and must have been signed by you. It must also include: | ||
*The supply date | |||
*The place where the contract was signed | |||
*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 | |||
*A detailed statement of the payment terms. | |||
Cancelling a direct sales contract | ==Cancelling a direct sales contract== | ||
In the first 10 | '''In the first 10 days'''—you have up to 10 days to cancel a contract after you sign it and get a copy of the contract. In fact, the contract must state that you have the right to cancel at any time within the first 10 days. | ||
If a contract lacks a required | '''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 1 year to cancel it. | ||
If you don’t receive the goods or | '''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 1 year to cancel. For example, if you don’t receive within 30 days a vacuum cleaner you paid for, you have up to 1 year to cancel, as long as you don’t accept the goods or services later. If the goods or services are provided after 30 days and you accept them, you forfeit your right to reject them. Be sure to 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?== | ||
If you cancel a continuing services contract or a direct sales contract within 10 days, you are legally entitled to get a full refund within 15 days after cancelling—even if you’ve already received the goods or started using the service. Once you’ve received your money back, you must return the goods. | If you cancel a continuing services contract or a direct sales contract within 10 days, you are legally entitled to get a full refund within 15 days after cancelling—even if you’ve already received the goods or started using the service. Once you’ve received your money back, you must return the goods. | ||
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 Consumer Protection BC for more information and possible next steps. | ||
What is a time-share? | ==What is a time-share?== | ||
A time-share is a legitimate form of owning an interest in property. Often, the time-share is for one week at a vacation resort. Typically, you go to a presentation, tour a condo unit, and then sign a contract. Before you sign anything, however, make sure the deal is right for you and do not sign a contract unless you understand it completely. | A time-share is a legitimate form of owning an interest in property. Often, the time-share is for one week at a vacation resort. Typically, you go to a presentation, tour a condo unit, and then sign a contract. Before you sign anything, however, make sure the deal is right for you and do not sign a contract unless you understand it completely. | ||
Can you cancel a time-share contract? | ==Can you cancel a time-share contract?== | ||
BC’s Real Estate Development Marketing Act states that if you sign the contract in BC, you can back out of the contract by cancelling within 7 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 contract outside of BC, for example in Mexico for a Mexican time-share, BC’s Real Estate Development Marketing Act does not apply. Instead, the contract will be dealt with by the law of the country or province the contract was signed in. | BC’s Real Estate Development Marketing Act states that if you sign the contract in BC, you can back out of the contract by cancelling within 7 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 contract outside of BC, for example in Mexico for a Mexican time-share, BC’s Real Estate Development Marketing Act does not apply. Instead, the contract will be dealt with by the law of the country or province the contract was signed in. | ||
More information | ==More information== | ||
*Check with the [http://www.consumerprotectionbc.ca/ Consumer Protection BC] website at [http://www.consumerprotectionbc.ca www.consumerprotectionbc.ca], or call the organization at 1.888.564.9963. | |||
*Check sellers with the [http://www.bbb.org/mbc lower mainland Better Business Bureau] website at [http://www.bbb.org/mbc www.bbb.org/mbc], or via telephone at 604.682.2711, or contact their [http://www.bbb.org/vancouver-island Vancouver Island office] at 250.386.6348. Check the ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/04002_04#part4_division1 Business Practices & Consumer Protection Act]'' at [http://www.bclaws.ca www.bclaws.ca]. Like all BC legislation, hard copies of this act are available at law libraries throughout the province, found at many courthouses. | |||