Consumer Contracts & Consumer Protection
There are various forms of consumer protection and contracts. This table lists many available to you.
Future Performance Contracts (General) | |
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Definition | A future performance contract is one where you don’t receive the goods or services or the payment isn’t made in full when you sign the contract |
Exception | Does not apply to contracts under $50 |
Statutory Requirements |
Provide:
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Remedies | If contract is missing any of the statutory requirements – consumer has up to a year to cancel |
Future Performance Contracts (Direct Sales) | |
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Definition | A direct sales contract is a contract signed at a place away from the seller’s permanent place of business, for example, at the buyer’s home… |
Exception |
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Remedies |
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Future Performance Contracts (Continuing Services) | |
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Definition | Are future performance contracts that provide for the performance of services on a continuing basis (e.g. – gym membership, dance lessons). |
Exception | Only applies to the services listed |
Statutory Requirements |
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Distance Sales Contract | |
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Definition | “A contract for the supply of goods or services between a supplier and a consumer that is not entered into in person and, with respect to goods, for which the consumer does not have the opportunity to inspect the goods that are the subject of the contract before the contract is entered into”
(purchasing goods by phone or mail order or over the Internet) |
Exception | BC law doesn’t apply to contracts made outside BC |
Statutory Requirements | There is information to be disclosed and then incorporated into a contract:
Disclosure: seller must disclose the following:
Contract: seller must send you copy of the contract within 15 days after making it. An email copy is sufficient. Contract must contain the disclosure information above plus:
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Remedies | Cancellation – you may cancel in the following circumstances:
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. Return of Goods – 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. |
Distance Sales Contract | |
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Definition | “A contract for the supply of goods or services between a supplier and a consumer that is not entered into in person and, with respect to goods, for which the consumer does not have the opportunity to inspect the goods that are the subject of the contract before the contract is entered into”
(purchasing goods by phone or mail order or over the Internet) |
Exception | BC law doesn’t apply to contracts made outside BC |
Statutory Requirements | There is information to be disclosed and then incorporated into a contract:
Disclosure: seller must disclose the following:
Contract: seller must send you copy of the contract within 15 days after making it. An email copy is sufficient. Contract must contain the disclosure information above plus:
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Remedies | Cancellation – you may cancel in the following circumstances:
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. Return of Goods – 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. |
Time Shares Contracts | |
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Definition | A form of time limited property ownership – e.g. – one week of time or use at a vacation resort
(purchasing goods by phone or mail order or over the Internet) |
Exception | BC law doesn’t apply to contracts made outside BC – e.g. – contract made in Florida for a time share in Florida |
Statutory Requirements | Contracts made in BC, for properties inside or outside BC, are deemed to have a cancellation clause. |
Remedies |
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Credit Transactions | |
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Definition | Open credit – multiple advances/ and does not establish the total amount advanced under the agreement can be subject to an overall credit limit. Fixed credit is a credit arrangement that is not open credit and is normally based on a fixed initial advance and a predetermined payment schedule |
Statutory Requirements |
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Telemarketing | |
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Definition | A supplier who initiates contact with a consumer by telephone or facsimile for the purpose of conducting a consumer transaction or requesting a donation |
Statutory Requirements |
Prohibited Practices:
Disclosure: Before the consumer enters into a contract or commits to contributing money, a telemarketer acting on behalf of a supplier must disclose:
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Prepaid Purchase Cards | |
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Definition | A card, written certificate or other voucher with a monetary value that is issued or sold to a person in exchange for the future supply of goods or services. These include gift cards or gift certificates. |
Statutory Requirements |
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Unsolicited Goods | |
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Definition | Goods or services that are supplied to a consumer who did not request them |
Exception |
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Remedies |
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