SALES OF GOODS
From time to time all of us buy some things that cost more than $500. Do you know that stores and other suppliers are not legally required to offer refunds or exchanges? Are you aware that some personal items, such as jewellery, are usually cannot be returned to the store? It’s important that you check the store’s policy before making a purchase or deposit. Not all stores will let you change your minds after you put deposits on items. In Ontario, your consumer rights are protected by law, and no one can take those rights away from you. If you want a refund or exchange based on an unfair practice and a seller is not intend to do so, you have legal rights to file a claim in Small Claims Court. You are also protected against unfair business practices such as deceptive promotional and sales tactics.
When you buy goods you enter into a contract with the seller of those goods. In most cases, your rights are against the retailer – the company that sold you the product – not the manufacturer. The goods must be:
- fit for purpose (for example, if you specifically asked for a printer that would be compatible with your computer)
- as described in a brochure or any other description
- of satisfactory quality, and
The law gives you a “reasonable” time to give a product back and get your money back if you buy a product that turns out to be faulty. However, even with something like a car, you usually have no more than a few weeks from the date you bought it to reject it. You have the right to get a faulty item replaced or repaired, if you want. You can ask the retailer to do either, but they can normally choose to do whatever would be cheapest. If the seller refuses to repair the goods, you may have the right to arrange for someone else to repair it, and then claim compensation from the retailer for the cost of doing this. If your claim ends up in court, you may have to prove that the fault was present when you bought the item and not, for example, something that was the result of normal wear and tear. If you paid by credit card, you may be able to enforce your rights against your credit card company as well as the retailer.
If you are looking for expert paralegal representation,then we suggest that you call (800) 853-0745 for a free consultation.