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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.
Buying goods or services over the internet or by phone or mail order can be convenient. But shopping this way has its dangers. Learn your rights and what to watch for.


==Shopping online or by phone or mail order has its pitfalls==
==Understand your legal rights==
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”?==
===You may be making 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 ''[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:
When you buy something over the internet or by phone or mail order, you may be making a “'''distance sales contract'''”. This is a contract for goods or services that is not entered into in person and where (in the case of goods) you don’t have the opportunity to inspect the goods before buying.
 
Under the [https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-2/latest/sbc-2004-c-2.html#sec46_smooth law in BC], 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
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*the seller’s return or exchange policy, if any
*the seller’s return or exchange policy, if any


==You must be given a copy of the contract==
===You must receive 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:
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 the seller was required to disclose to you before you bought the goods or services, along with:
*your name as the consumer
*your name as the consumer, and
*the date of the contract
*the date of the contract.


==Can you cancel a distance sales contract?==
===You can cancel a distance sales contract===
Yes. You may cancel in the following circumstances:
You may '''cancel''' a distance sales contract in the following circumstances:
*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 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 get a copy of the contract within 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.
*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.
*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?==
==Common questions==
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.
 
===How do I cancel?===
If you want to cancel the contract, it’s best to do so in writing. You can cancel by email, fax or registered mail. Doing so gives you proof the seller received your cancellation notice within the required time.  
 
Consumer Protection BC’s website includes [https://www.consumerprotectionbc.ca/consumer-help/problem-with-an-online-purchase/ cancellation forms] you can use to send to the seller.


==Will you get a refund?==
Keep a copy of your cancellation notice so you can prove you cancelled.
===Will I 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.
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?==
===What should I do if I have a complaint?===
*Check the reputation and product of the phone, mail order or online company.
If you have a complaint about delays in delivery, an error on your bill, or the quality of the goods you bought, write to the seller. (Don’t phone, as you won’t end up with a written record of your complaint.) State the nature of the problem and what you want done.
*Pay with a credit card.
 
*Make sure the website is secure if you pay online.
Keep a copy of all your correspondence, as well as a copy of the original advertisement for the item you purchased.
 
If you don’t receive a reply to your complaint, send another. Send this follow-up by registered mail. In it, refer to your initial correspondence. Keep a copy of this correspondence as well.
 
===What can I do if I receive goods or services I never ordered?===
Under the [https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-2/latest/sbc-2004-c-2.html#sec11_smooth law in BC], you do not have to pay for “'''unsolicited goods or services'''” unless you expressly tell the supplier in writing you intend to accept the goods or services. If you get something out of the blue 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 I do to protect myself when shopping online or by phone?===
To protect yourself:
*check the reputation of the seller and their goods or services
*pay with a credit card
*if you pay online, make sure the website is secure  
 
===How can I check the reputation of a seller and what they’re selling?===
Contact the Better Business Bureau to see if there have been any recent complaints, and if so, whether the complaints were resolved to everyone’s satisfaction. Their phone number is:
*604-682-2711 for Mainland British Columbia
*1-888-803-1222 toll-free for the interior
*250-386-6348 for Vancouver Island
 
For an online business, look for a reliability seal from a reputable consumer protection program. For example, check 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 business displays the [http://www.the-cma.org/consumers/look-for-the-logo Canadian Marketing Association member logo], meaning that the business follows a code of ethics.
 
===How is paying with a credit card safer?===
When ordering goods, paying by '''credit card''' (such as Visa or Mastercard) 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.  


==How can you check the reputation and product of the company?==
The credit card issuer must acknowledge your request within 30 days of receiving it. Then if your request meets [https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-2/latest/sbc-2004-c-2.html#sec52_smooth legal requirements], the credit card issuer must cancel or reverse the charge within two complete billing cycles or 90 days, whichever is earlier.
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 [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]”.
So, let’s say you don’t get what you bought within 30 days and you cancel the contract before the goods arrive. If you paid by credit card, you can ask your credit card issuer to cancel or reverse the charges. If you paid by money order or cheque, you’re left to fight it out with the seller.  


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 can I ensure a website is secure for online payments?===
In the website address bar on your screen, look for an unbroken lock icon. The icon is usually in the far left part of the address bar. Also look for the letter “s” in the prefix “'''https'''” of the website address.


==How is paying with a credit card safer?==
Never send financial information by email. It's not secure.
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, there is not much you can do.
===What can I do to prevent unsolicited emails, phone calls, faxes and mail?===
Sometimes after making an online purchase, or placing a phone or mail order, you may find yourself on various mailing and phone lists. You may end up receiving piles of emails, advertisements and sample products, or endless phone calls from telemarketers and others.  


==How can you ensure a website is secure for online payments?==
Beware! The emails may be '''phishing scams''' — fake emails trying to trick you into handing over personal information. Or they may include '''spyware''' or '''malware''' — software used to steal your personal information or disrupt your device.  
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?==
To avoid these emails or calls, and the dangers they pose, here’s what you can do.
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?==
====Contact the Canadian Marketing Association====
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:
On the Canadian Marketing Association website, see the [http://www.the-cma.org/consumers/ consumers section] 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 mailing marketing lists used by companies who belong to the Association. This won’t eliminate the problem but it can reduce the amount of unsolicited mail you receive.  
*'''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 [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.
====Register with the National Do Not Call List====
To help reduce the number of unwanted calls you receive, you can register your phone number on the [https://www.lnnte-dncl.gc.ca/index-eng National Do Not Call List]. This is a free service from the Canadian Radio-Television and Telecommunications Commission (or CRTC).  


*'''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.
When you register your phone number on the list, Canadian companies making unsolicited calls can no longer contact you. (Some callers are exempt, such as charities and political candidates.)


==Canada’s anti-spam law started July 1, 2014==
Note the CRTC has no control of businesses and people outside Canada, who may ignore the list and continue to call.
Canada’s anti-spam law started on July 1, 2014. It aims 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 ''[http://laws-lois.justice.gc.ca/eng/acts/E-1.6/index.html Electronic Commerce Protection Act]''. Unfortunately, the law cannot control businesses and people outside Canada, and they produce huge amounts of spam and online threats. One part of the law created a private right of action. It would let you sue for violations of the law, and it was due to take effect on July 1, 2017. But the federal government has [https://www.canada.ca/en/innovation-science-economic-development/news/2017/06/government_of_canadasuspendslawsuitprovisioninanti-spamlegislati.html suspended it] indefinitely to review it.


'''Consent is required'''—a key section of the law requires senders of commercial emails and text messages to have the consent of the person they’re sending the message to (the recipient). The law also prohibits installation of computer programs and collection of electronic addresses without consent, as well as false and misleading representations.
====Block unwanted calls====
If you have a call blocking feature on your phone, use it to block a number that continues to call you. Note some telemarketers constantly change their calling number, so even if you block them, they may keep getting through.


'''Two types of consent''': [http://fightspam.gc.ca/eic/site/030.nsf/eng/00304.html#q1 express and implied]. There is implied consent if there is already a relationship between the sender and recipient of a commercial message. It lasts for 2 years. Recipients can cancel implied consent any time. Senders of commercial messages can ask recipients for express consent (the recipient agrees to receive messages) to send commercial messages. It does not expire. Senders of commercial messages must keep records to show they obtained the recipient’s consent. The Canadian government’s anti-spam [http://www.crtc.gc.ca/eng/internet/infograph.htm website compares implied and express consent in detail].  
===Are there laws protecting me from spam?===
Yes. Canada has [http://canlii.ca/t/8p22 a law] that aims to protect people from '''spam''' (junk email and text messages) and online threats (spyware, malware, phishing scams, and so on). Unfortunately, the law cannot control businesses and people outside Canada, and they produce huge amounts of spam and online threats.  


'''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.  
====Your consent is required====
A key section of Canada’s anti-spam law requires senders of commercial emails and text messages to have the '''consent''' of the person they’re sending the message to (the recipient). The law also prohibits installation of computer programs and collection of electronic addresses without consent, as well as false and misleading representations.


[http://fightspam.gc.ca/eic/site/030.nsf/eng/h_00039.html Three federal government agencies enforce the law]: the [http://www.crtc.gc.ca/eng/home-accueil.htm CRTC], the [http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/home Competition Bureau], and the [https://www.priv.gc.ca/en/ Office of the Privacy Commissioner of Canada].  
====There are two types of consent====
There is '''implied consent''' if there is already a relationship between the sender and recipient of a commercial message. It lasts for two years. Recipients can cancel implied consent any time. Senders of commercial messages can ask recipients for '''express consent''' (the recipient agrees to receive messages) to send commercial messages. It does not expire.
Senders of commercial messages must keep records to show they obtained the recipient’s consent. The Canadian government’s anti-spam website further [http://www.crtc.gc.ca/eng/internet/infograph.htm explains implied and express consent].
====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.  


Details on the law are available on the [http://fightspam.gc.ca/eic/site/030.nsf/eng/home Canadian government’s anti-spam website].
Three federal government agencies enforce the anti-spam law: the [http://www.crtc.gc.ca/eng/home-accueil.htm CRTC], the [http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/home Competition Bureau], and the [https://www.priv.gc.ca/en/ Office of the Privacy Commissioner of Canada].


==What should you do if you have a complaint?==
For more information on the law, see the Canadian government’s anti-spam website, [http://fightspam.gc.ca/eic/site/030.nsf/eng/home fightspam.gc.ca].
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==
==Get help==
*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 [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]. 
===Agencies that can help===
If you make a complaint but don’t get a satisfactory response within three weeks, contact the '''Canadian Marketing Association'''.
:Web: [http://www.the-cma.org/ the-cma.org]


*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 the [http://www.bbb.org/mbc/get-consumer-help/tips-directory/ Consumer Tips Directory] of the Better Business Bureau.
:Web: [http://bbb.org/ca/bc bbb.org/ca/bc]


*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.
To learn more about how to prevent and handle consumer problems when they arise, contact '''Consumer Protection BC'''.
:Toll-free: 1-888-564-9963
:Web: [http://www.consumerprotectionbc.ca/ consumerprotectionbc.ca]


*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 also the publications section of the federal government’s '''Competition Bureau'''.
:Web: [http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/h_00139.html competitionbureau.gc.ca]


*Check the [http://fightspam.gc.ca/eic/site/030.nsf/eng/home Canadian government’s anti-spam website].




[updated June 2017]
[updated June 2017]


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