When shopping online, one thing that is very different from buying from a brick-and-mortar store is that you have to wait for the product to arrive. You’ve gone through the whole buying process and just clicked that “buy” button. You’ve paid and now you have to wait for that package to arrive at your door. But wait, what if the package doesn’t show up even after a month of waiting? Let’s look at a couple of scenarios for the answer.
First let us tell you that, in BC, when you buy products or services online you may be entering a contract called a distance sales contract. Consumer Protection BC regulates certain aspects of distance sales contracts in BC, including what’s required to be in the contract, such as cancellation, return, exchange and refund policies.
Scenario 1:
Mike bought a designer brand watch from a BC based online shop. He was thrilled to find it online as stores in his city only carried limited colours. The contract was clear, including cancellation, return, exchange, refund policies and delivery date. However the watch never arrived even after 30 days from the specified delivery date! What could he do in this case?
Our suggestion to Mike: First, Mike may want to call his credit card company to request a chargeback. He may also try to cancel a contract as the business failed to provide the product within 30 days from the stated delivery date. There is a form on our website and our suggestion is to fill out this form and fax or mail it to the business by registered mail so he can keep a proof of the document delivery.
Scenario 2:
Susan has been searching for the perfect projector for her home theatre and she finally spotted what she’s been looking for. The website seemed to be from the US but the currency wasn’t specified, nor was the delivery date. She didn’t think to look for terms and conditions before she bought the projector. Now it’s day 35 and it still hasn’t arrived. She has franticly looked on the shop website but wasn’t able to find an order cancellation, return or exchange policy. What are her rights?
Our suggestion to Susan: Before anything, we recommend that Susan calls her credit card company to request a chargeback. Susan wasn’t able to find information about the product delivery date or policies that are required by the law in BC, therefore her contract may not be binding. In addition, as there was no delivery date and the projector wasn’t delivered after 30 days from the date of purchase, Susan has the right to cancel her contract and request a refund. Our suggestion for Susan is to use this form on our website to cancel her order. Just as we suggested to Mike, it would be best if Susan faxes or mails the form by registered mail and keep a copy of the form and proof of delivery.
Every situation is unique so we suggest that you find out your rights and responsibilities first. Learn more about the law in BC related to online purchases on our website. You can also check with our inquiry centre if you have a specific question about your experience.
November is Financial Literacy Month (FLM) and throughout the month, the Financial Consumer Agency of Canada collaborates with various organizations to promote financial literacy for Canadians of all ages. To support this initiative, we are featuring online shopping tips on our blog to help you stay savvy.
ADDITIONAL READING:
Our top 5 tips for online shopping
Using your credit card for online shopping? Get these tips!
How to request a refund from your credit card provider
I requested cancellation and seller (Bedbathandbeyond.ca)will refund the amount, but PayPal deducted the amount twice in my bank without deducting the 20% discount, now I encountered NSF charges of $45 twice. If they deducted the discountI I will not be short of my balance. I informed PayPal and open a dispute, the refund granted(to received within 30 days) but my bank issue about NSF is not yet resolve. My order not receive and now I encountered negative balance in my bank because of the NSF charge. The seller will refund the $57.11 in my PayPal acct within 30 days. Now I have to pay my bank $90. Because of this issue. No goods delivered, 20% discount did not apply, waiting of 30 Days refund for the discount and refund, encounter NSF, etc. Any advice. Thank you.
Hi Maris B., thank you for sharing your experience here. It sounds like a complex situation, would you be able to contact us directly over the phone so we can get more information? Retail sales are not usually something we can assist with but it would be helpful to get the whole picture with more details. Our toll-free number is 1-888-564-9963 and we are here from 8:30-4:00. Thank you!
I ordered cordless headphones from an online site called Zonelex back in Sept. 20th to be shipped to Saskatchewan . When I plugged the tracking order number in at the end of September it said the order was in Vancouver, Canada on Sept 23rd. It’s now Nov.19th and the Zonelex web site doesn’t not recognize the tacking number nor the email address I used. What are my options?
Hi Ray, thanks for your questions. To clarify, you tried contacting the business to explain the situation? If not, that’s where I would suggest you start. Typically businesses that ship products run into shipping issues and can help to resolve them. If you’ve already tried that unsuccessfully, you are within your rights to cancel your order and receive your refund if the goods you ordered are not delivered within 30 days of the supply date (expected day of delivery). Head over to this section of our website to learn how to cancel the order using our form: https://www.consumerprotectionbc.ca/consumer-help/problem-with-an-online-purchase/. Once you cancel your contract, the supplier will have 15 days to refund you the total amount. We suggest you keep track of all communication with the business, including the proof of delivery of the cancellation form.
If the supplier does not provide you with a refund, the recourse available to you is through your credit card provider. You can request that the charges on the card are cancelled/reversed, however, you must provide them with specific information.
We wrote a blog post about this whole process that will likely be helpful for you to reference. Here’s a link to it: https://www.consumerprotectionbc.ca/2017/08/online-shopping-tips-order-never-arrives/
I hope this helps and please let me know if you have any questions about the information I provided.
i buy stuff online at markhams and street fever and i wait but ddasnt show uo
Hi Alanzo, if you have not received your item, please contact the company first. Ask about tracking, which shipping company they use and if you are able to track your parcel. If you have already waited a reasonable amount of time (depends on where the item is coming from, is it from Canada or overseas?) you may be able to contact your credit card company for a refund. Phone the company and explain your situation. They may ask for some proof that you have purchased the item and you have tried to contact the company. I hope you will be able to get your money back, Alonzo!
I have placed an order with MyLuckyPaw.com. This was in March and one of the items arrived. one is the wrong size and one has not arrived. They do not respond to emails. Their webpage has lots of comments of money taken and no product delivered as well as no response from company. What are my options? It is now almost June.
Hi Melanie, thanks for reaching out to us here. I would follow the steps outlined in this blog post here: https://www.consumerprotectionbc.ca/2017/08/online-shopping-tips-order-never-arrives/. Please let me know if any of that information is unclear or if you have additional questions. Thanks!
I ordered something off of ebay during peak season in Asia, and knew preemptively that the shipping would be delayed and back-logged. It gave me a estimated 50 days to ship over, and that i agreed to, but realistically knowing it would probably be longer than that.
but now its been officially more than 4 months since payment was taken, paid via credit card and not paypal. Ebay only covering 30 days after estimated arrival date.
I emailed the seller, but gotten a non-response. (its been 5 days)
its only a few bucks, but is there anything i can do (in the future should this happen again?)
Hey Unhappy, thanks for reaching out to us here. Have you taken a look at this blog post yet? We go over how to request a charge back from your credit card provider if the goods have not arrived within 30 of the estimated delivery date. Here’s a link to it: https://www.consumerprotectionbc.ca/2017/08/online-shopping-tips-order-never-arrives/ If you follow the steps in the blog post, that should be the best way to secure a refund. I hope this is helpful to you and best of luck!
Hello,
I ordered a camera woth $560 including taxes from bestbuy.ca.
I am 100 percent sure I checked both my billing and shipping address before making the purchase, and then I was told the item will arrive on july 16th, 2019. I received an email also as soon as I purchased but as I was at work i did not open it and check it for the shipping address as acc to me I checked while ordering. When I checked the item status using canada post tracking number, it showed delivered to some other address. After going back and forth with best buy, I found out that the address which hot picked was used as a billing address from 2012 purchase, but that address was never used as a shipping address ever on my account. My understanding is the best buy system set that address as default shipping address on my account and it over ride the shipping address I put in while ordering. Now I have no idea where my item is. Best buy is saying it is my fault and Canada post said they cannot do anything in it. I lost $560 and never received the item.
Please suggest what can I do in this scenario.
Hi Gaurav, thanks for reaching out to us here. That sounds like a frustrating situation. Bear with me while I offer a bit of context here. When you buy something online, you may be entering into something called a distance sales contract. Distance sales contracts are not entered into in person (usually online) and you don’t have the opportunity to inspect the goods before purchasing. You do have certain rights in these situations, for example, certain information must be provided to you before you make the purchase. This includes the delivery information. If you are certain that the order information reflected your correct address (but then the shipping info you received later reflected a different address), you may be interested in doing a mock purchase to demonstrate this alleged system error to the business. In these situations the fastest and most efficient way to reach a solution is usually by working with the business directly. To manage your expectations, it may be difficult to demonstrate that this error was Best Buy’s, because they did in fact ship your order to the accurate address according to the shipping confirmation, which is considered a contract. I know you’ve already tried to work with the business directly, however you may be interested in escalating the issue to management along with any proof that the system made an error. I hope this helps and best of luck.
Can anyone help me? I ordered two things from different sellers online before Christmas and used PayPal for purchase. One item came in and was not what was advertised honestly in the add online so I asked for a refund to send the product back .. company wouldn’t take it and PayPal denied my claim saying buyer beware more or less. The second item never arrived but because carrier delivering item posted delivered with a tracking number PayPal again denied my claim saying “it says delivered.” So I have no rights as a consumer to be protected against false advertisement and theft because the second item clearly got stolen!?!? (It was a Mini movie projector). I’m out 120.00 USD between the 2 items and I’m so disappointed in PayPal as they claim to protect their customers?!! That’s a joke! Any suggestions for the course of action now? Totally ticked!! Po
Hi Po, thank you for sharing your experience here. Sounds like you have taken the right steps by contacting the seller as well as your payment service provider (in this case, PayPal). It is really unfortunate that neither business is willing to refund you the money. You’ve mentioned that you believe one item was falsely advertised online – you may want to report it to the Advertising Standards of Canada about this. You can access their website here.
I ordered a chill bag from chillbag@gmail.com it’s a Canadian company when I ordered the 80$ bag the reviews were awesome now that I cannot contact them through the email they provided it’s been months and nothing. How do I get my money back from them??
Hi Nicole, thank you for asking a question here. If they have a website and they have a phone number listed, you may want to try calling them. Otherwise contacting your credit card provider for a charge-back would be something you could do next. Be prepared to prove to them that you have tried contacting the seller but you were unsuccessful – this could be your sent emails etc. I hope you can get your money back quickly!
I ordered 2 items and received just 1 tracking number. The sender told me that they were shipped separately.
I only received 1 of the orders, and after talking with Canada Post, I believe the sender only sent 1 package to me. What do I do?
Hi Simon, thank you for reaching out to us here! First, try contacting the company and see if you are able to get the other tracking number. Also, it’s important to know if the company is able to confirm the delivery of the second item. We have written a blog post about this and I think you will find some helpful information. Here is the link to the post. If you have further questions please let us know!
I placed the order on September 17, 2020 from Topmori. I got order confirmation and shipment notification was sent on October 13th. I never received the item. I have sent several emails to Topmorri but they have not responded to any of my email. What should I do. I at least want people to know not to order from Topmorri.
Hi Shazia, thanks for getting in touch with us. Are you able to still access the website? As you have tried to email them multiple times without any success, you may want to contact your credit card provider to ask for a chargeback. Make sure to have the details of the order such as dollar amount and order confirmation email handy before calling. If you’d like to report this as a scam case, you can report it to the Canadian Anti-Fraud Centre. Here is the link to their website.
Hi, I’ve made an online purchase from Top Shelf BC to Winnipeg, Manitoba for over $400 on June 29th through Canada post. The order said it was delivered but it was not, I’ve waited at my front door for several days. So I made an investigation with Canada post and contacted the retailer. After a month, the retailer finally said they would replace the package and send me another one but that package was not delivered either. Now Canada post said it’s up to retailer and the retailer wont even contact me back after several e-mails which I have kept. I don’t know what to do now.
Hey Rena, thanks for your question. If you don’t get your package within 30 days of the delivery date, you may wish to cancel the sales contract and request a refund. You can find more information about the process of cancelling an online sales contract and the forms you will need on our website here: https://www.consumerprotectionbc.ca/2020/12/online-orders-who-is-responsible-when-you-dont-get-your-package/Hope this helps!
So, I’ve made a dispute for the transaction on my credit card with TD Canada Trust and they denied my dispute. Now I’m not sure what else I can do, I’ve lost over $400, my bank won’t reimburse me, Canada post tells me to contact the retailer and the retailer won’t return my e-mails and has no contact number.
Hi Rena, you need to follow the steps outlined in the blog post I shared previously. Even if the retailer is not responding to your emails, you can still send the cancellation email in a way that proves delivery and then move to the next step. Then, if the credit card provider has denied you (and you have written proof of that), you can move to step 3, meaning you can submit a complaint to our office. We request documentation that shows you’ve completed the previous steps. Let me know if you have questions about that! Hope this helps!