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Sellers who break these laws can be fined, jailed, or ordered to compensate consumers who suffer losses.
Sellers who break these laws can be fined, jailed, or ordered to compensate consumers who suffer losses.


==How do I start a complaint?==
==The seller must not act unfairly towards you==
Under BC law, sellers are not allowed to act unfairly towards you or knowingly take advantage of you.
 
For example, a seller cannot charge you a price that is far more than what others are charging for the same thing.
 
A seller cannot subject you to “undue pressure” to force you to buy. An example would be if a seller tells you that you have to sign a contract immediately to get a “special price” they are offering.
 
As well, a seller is not allowed to knowingly take advantage of you. For example, they can’t get you to buy something that they know you cannot afford.
 
Nor can they take advantage of any vulnerabilities that you may have that affect your ability to protect your own interests, such as any physical or mental disability, illiteracy or language difficulties. For example, a seller is not allowed to force people whose first language is not English to sign complicated contracts that they do not understand.
 
If the seller does something unfair, any agreement you sign is not binding on you.
 
==You are protected by the legal warranty==
Under the law, a level of quality, performance and durability is implied into every contract. When you buy something from a business, it has to:
* be of “merchantable” quality (that is, it has to work for its intended purpose and can’t be damaged),  
* be fit for the purpose you bought it for,
* be durable for a reasonable period of time, and
* match the description of the goods.
 
These conditions are sometimes referred to as the legal warranty, as they are established by a law called the ''Sale of Goods Act''. This legal warranty applies regardless of whether the seller mentions it. It is in addition to any warranty the seller or manufacturer provide.
 
If the item you bought is faulty or doesn't work, the legal warranty gives you the right to get the item repaired or replaced, or to cancel the contract and get a full refund (see the section “If There Are Problems” for more details on your options).
 
{{PLSTipsbox
| text = If you buy privately from an individual, the legal warranty is more limited than if you buy from a business. If you buy something from an individual, it has to be durable for a reasonable period of time and match the description of the goods. The conditions that an item be of “merchantable” quality and fit for the purpose you bought it for apply only when you buy from a business.   
}}
 
===When something is sold “as is”===
Sometimes, a business will say a product is sold "as is". This suggests that you won’t be able to expect help with any repairs or service if there are problems.
 
But in fact the legal warranty applies to all new products, no matter what the business says. When a business sells a new product “as is”, the item must still be of merchantable quality, fit for the purpose you bought it for, and reasonably durable.
 
The legal warranty '''can''' be waived for used items. Be cautious if you are asked to waive it. You’ll want to be sure you’ve done everything you can to protect yourself by following the steps in the section “Preventing Problems”.
 
{{PLSTipsbox
| text = The legal warranty applies to any new product sold by a business, including one sold “as is”. But be aware that the legal warranty is the subject of much legal interpretation. To enforce your rights, you might have to go to court. Think twice about any product that is sold "as is", unless you're willing to take the risk that if it doesn't work properly, it might be difficult and costly to get things put right. 
}}
 
===Should you buy an extended warranty?===
When you make a purchase, the seller may suggest you buy an “extended warranty”. This is the seller’s promise to cover repairs and maintenance for a given period if there are problems.
But be aware that an extended warranty may not give you any more rights than you have already through the legal warranty. If you're thinking about an extended warranty, check its terms:
* How long is it good for?
* Where will you have to go to obtain warranty repairs?
* Does the extended warranty cover parts and service, or just one or the other?
 
==You can change your mind (for some purchases)==
{{PLSStorybox
| image =  
| text      = “My friend Jan talked me into going to her yoga studio for a class. I had fun, and the studio was beautiful. I decided to sign up for a membership on the spot. The next day I regretted it. I just can’t afford the $100 per month for a full year. Thankfully I had 10 days during which I could change my mind and cancel, without any penalty. That afternoon I sent the yoga studio an email saying I was cancelling the contract.“ <br>- Surita, Vancouver
}}
 
With some purchases, you can change your mind during a cooling-off period.
 
A cooling-off period means a period of time where you can think about what you bought and change your mind. During this period, you can cancel the contract or return the item without paying any penalty. '''You don’t need to provide any reason for cancelling.'''
 
The length of the cooling-off period varies depending on what you are buying.
 
Under BC law, you have a cooling-off period when you sign a contract:
* for a product or service you buy at home: for any direct sales contract, where you buy something in person at a place other than the seller’s permanent place of business, you have a cooling-off period of 10 days after you receive a copy of the contract
* to join a fitness club or yoga studio: for any continuing service contract, where you receive services on an ongoing basis, you have a cooling-off period of 10 days after you receive a copy of the contract
* for cellphone service: you have a cooling-off period of 15 days after your cellphone service begins
* to lease a car: you have a one clear day cooling-off period after you sign the lease   
* to buy a newly-built condo: you have a cooling-off period of seven days after you sign the contract or acknowledge seeing the developer’s disclosure statement, whichever comes later


===Step 1: Collect the information===


For example:
* Prepare a description of the ''goods'' you bought. This can include anything the seller said to you about the goods, anything the seller advertised, or anything the seller gave you in writing.
* How much you paid, and receipts or other proofs of purchase.
* Copies of any documents, for example, a ''warranty''.
* Details of the problem:
** what the problem is with the goods you bought,
** when you first noticed the problem, and
** how long you have had the goods, or if you have not had the goods at all, when you were supposed to receive them?


[[File:ConsumerLawGuidePage3.jpg| right | frame | link=| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]


===Step 2: Be ready to keep notes on what happens===


* ''Who'' did you talk to? (Ask for the person's name or <span class="noglossary">title</span> — sales clerk, manager, etc.)
* ''When'' did you talk to them?
* ''What'' did you tell them:
**about the problem, and 
**about what you want them to do?
* ''What'' did they say to you?
* ''What'' was the next step that:
**you said you would take, or 
**they said they would take?


===Step 3: Let the company know you have a problem===


The first step is to find the right person to talk to about the problem. You may <span class="noglossary">contact</span> the store or company in person or you may make a phone call. Have your information with you. You could start with something like this:


<blockquote>''My name is __________. I would like to make a complaint about the product I bought from your company. Could you direct me to the person who handles complaints?''</blockquote>


They may tell you that you have to make your complaint in writing. If they do this, ask for the name and address you send the letter to.


The Canadian Consumer Information Gateway has a Complaint Roadmap, an information tool that provides a step-by-step approach to help you present your complaint to a business. The Roadmap includes a sample complaint letter that you can use to develop your letter. Visit [http://www.consumerinformation.ca www.consumerinformation.ca] and look under "Complaint Roadmap."


==Steps to make a complaint==


There are three steps to make your complaint. You can use them if you make a complaint in person, by phone, or by letter.


===Step 1: Explain the problem===


You can say something like this:


<blockquote>''I bought my'' _________________ (the item you purchased) ''on'' ____________(date), ''at'' ____________(location). ''The model number is _________________. I am contacting you because the product is:'' (choose one)


:* ''not working right''
:* ''cannot do what it is meant to do'' </blockquote>


[[File:ConsumerLawGuidePage4.jpg| right | frame | link=| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]
===Step 2: Explain what you want===


You can say something like this:


<blockquote>''I think it is only fair that you:'' (choose one)
:* ''replace the product''
:* ''provide me with a refund''
:* ''repair the product free of charge''
</blockquote>


The person from the store or company may agree to do what you ask for. In this <span class="noglossary">case</span>, ask ''when'' they <span class="noglossary">will</span> do this.


If the person does not agree to do what you ask for, ask to speak to the manager of the company or to the head office. Get the phone number or the address.
If you do not get what you want from the store or company, tell them what you <span class="noglossary">will</span> do next. You can say something like this:


<blockquote>''I still hope we can reach an agreement on this. If not, I <span class="noglossary">will</span> stop buying from your company and I <span class="noglossary">will</span> tell other people about this problem. If I do not hear from you by''____________ (give a date)'' my next step <span class="noglossary">will</span> be to:'' (choose one or more)


:* ''file a complaint with the Better Business Bureau''
:* ''<span class="noglossary">contact</span> Consumer Protection BC'' </blockquote>
Then give your details:
<blockquote>
*''You can reach me at'' ____________(your address). ''I'll be waiting to hear from you by'' ____________(date).
</blockquote>


If you do not hear back, take the next step. Do what you have told the store or company you <span class="noglossary">will</span> do.


===Step 3: File a complaint===


If you still do not get a satisfactory response from the store or company, you can file a complaint. One option you have for filing a complaint is the Better Business Bureau (BBB), which receives complaints about local businesses. Visit [http://mbc.bbb.org/consumers mbc.bbb.org/consumers] and look under "Complaints."


You may also <span class="noglossary">contact</span> Consumer Protection BC for  [http://www.consumerprotectionbc.ca/consumers-alias/resolving-problems information]  and  [http://www.consumerprotectionbc.ca/consumers-alias/help-for-how-can-we-help referrals] on where you may file a complaint about a specific business type.


==Small Claims Court==


If you cannot solve the problem, your next step may be to make a claim in ''Small Claims Court''. To find out how to make a claim in Small Claims Court, go to [http://www.clicklaw.bc.ca www.clicklaw.bc.ca], and type in "Small Claims" in the search box. The site links you to a [http://www.clicklaw.bc.ca/resource/1514 video about Small Claims Court] available in Chinese, Punjabi, Vietnamese, and English, among other resources.


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Elena Renderos
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