Script 256 gives information only, not legal advice. If you have a legal problem or need legal advice, you should speak to a lawyer. For the name of a lawyer to consult, call Lawyer Referral at 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in British Columbia.

This script discusses shopping by phone, mail or online, as well as what to do about the unsolicited phone calls, faxes and mail you may receive after making a phone or mail order purchase.

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. And sometimes you can buy things that aren’t 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.

When you buy goods or services this way, you are making a “distance sales contract”
The Business Practices & Consumer Protection Act gives you some protection when it comes to distance sales contracts. The Act says that before you enter into a distance sales contract, the seller must disclose the following things:

• the seller’s name, address and telephone number,
• the seller’s email address, if available,
• a description of the goods or services,
• the total price and a detailed statement of the terms of payment,
• the date the goods or services will be supplied,
• the currency under which amounts owing are payable,
• an explanation of how the goods will be shipped to you, and
• the seller’s return or exchange policy, if any.

You must also be given a copy of the contract
To be legally binding, you must receive a copy of the contract 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.

Can you cancel a distance sales contract?
Yes. 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. You may also cancel at anytime if you don’t receive the product you ordered within 30 days of the supply date or the date the contract was entered into if no supply date was provided.

How do you cancel?
It’s best if you cancel the contract by fax, e-mail or registered mail, or by delivering a notice to the seller indicating that you’re cancelling. Just be sure to keep a copy so you have proof that you cancelled within the allowed time.

Will you 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.

There are also things you can do to help protect yourself

Check the reputation and product of any phone, mail order or online company
Contact the Better Business Bureau to see if there have been any recent complaints, and if so, if they’ve been resolved to everyone’s satisfaction. Their phone number is 604.682.2711 for mainland B.C. or 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 Better Business Bureau’s online program, called BBBOnLine, found at www.bbbonline.org. Or see if the company displays the Canadian Marketing Association member logo, which is your assurance that the company abides by a strict code of ethics.

Pay with a credit card
When ordering goods, you may have the option of paying by Visa or MasterCard and giving 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 don’t have much leverage.

If paying online, make sure the site you’re using is secure
Look for the letter “s” in the prefix “https” to the website address or an unbroken lock and key symbol, usually found in the lower right-hand corner. Never send financial information by e-mail, which isn’t secure.

What if you receive merchandise in the mail that you never ordered?
If you simply get something out of the blue and never asked for it, you’re under no obligation to pay for it.

What can you do to prevent unsolicited phone calls, faxes and mail?
Sometimes after making a phone or mail order purchase, you may find yourself on a variety of mailing and phone lists, and end up receiving piles of brochures, advertisements and sample products, or numerous phone calls from telemarketers. If you don’t welcome this flood of mail and calls, there are a couple of things you can do.

First, fax the Canadian Marketing Association at 416.441.4062 or visit their website at www.the-cma.org, and ask them to have your name deleted from member phone and mailing 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.

Also, you can ask the company directly to remove you from their 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. If a telemarketer keeps calling, the telephone company can threaten to cut off their phone service.

What should you do if you have a complaint?
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.

Where can you get help or more information?

• If you don’t get a satisfactory response to your complaint within three weeks or want more information, write the Canadian Marketing Association at 1 Concorde Gate, Suite 607, Don Mills, Ontario, M3C 3N6 or contact them via their website at www.the-cma.org. 
• Also look under “Buyers’ Tips” on www.bbbvan.org, the website for the Better Business Bureau for mainland B.C.  
• To learn more about how to prevent and handle consumer problems when they arise, contact the Business Practices and Consumer Protection Authority at 1.800.564.9963. Or check their website at www.bpcpa.ca.
• Check also www.competitionbureau.gc.ca, which is the website for the federal government’s Competition Bureau, and search under “Consumer Information.”
• You may also want to refer to script 260 on “Dishonest Business Practices and Schemes.” If the goods you’ve bought are defective, refer to script 257 on “Buying Defective Goods.”

[updated April 2007]

Dial-A-Law© is a library of legal information that is available:

• by phone, as recorded scripts, and
• in writing, on the CBA BC Branch website.

To access Dial-A-Law, call 604.687.4680 in the lower mainland or 1.800.565.5297 elsewhere in BC. Dial-A-Law is available online at www.cba.org/bc in Public & Media.

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