Have you ever ordered something online and had issues with delivery? Perhaps the item is nowhere to be seen or you’re worried about theft. Not sure who to contact or who is responsible? Here’s what the law says in BC.
Who is responsible when you don’t get your package?
It can get a bit complicated, but the bottom line is this: regardless of the outcome of your package, the business must always be able to prove that they delivered the item properly. The law in BC sets out how this is supposed to be done.
What kind of things prove the delivery took place properly?
- The business should have provided you with a reasonable notice of delivery so you have an opportunity to receive the package – this could be a shipping notification and estimated delivery time.
- It’s up to the business to decide how they demonstrate that the item was actually delivered to the correct location
My order is not here and the business says it’s been delivered – now what?
- If the business can prove that they did everything they were supposed to and you’re concerned about theft, you can report the issue to your local police.
- If the business cannot prove they delivered the goods to your home in the ways outlined above and you still don’t have your package, you can follow the steps below to cancel your order and receive a refund.
Online orders in BC
When you buy something online, you are usually entering into something called a distance sales contract. This “contract” may look like an order confirmation or digital receipt. In BC, with these transactions you are within your rights to cancel your order and request a refund if:
- The business does not give you a copy of the contract within 15 days, you have up to 30 days from date of purchase to cancel the contract
- The goods are not delivered to you within 30 days of the delivery date noted in the contract
- OR if you weren’t given a delivery date in your contract and the order doesn’t arrive within 30 days of the purchase
How to cancel your order and request a refund
If the business cannot prove that the order was delivered, then you can “cancel” the contract for one of the two reasons above. Follow these steps to cancel your order and request a refund:
- To officially cancel the contract and request a refund from the supplier, you can use one of the official cancellation forms available on our website. Once you have filled out the right form, you can send it to the business (by mail, email, or fax). The seller has 15 days to refund you the total amount.
- If the business does not give you your refund, the recourse is now through your credit card provider. You can request that the charges on the card are reversed or cancelled – we also have a form available to help you through that process.
- If you are also denied by your credit card provider, we want to know about it. Both the credit card provider and the business would be in breach of the laws we oversee. We would encourage you to submit a complaint to us so we can review it.
Questions? Feel free to ask us your questions in the comment section below or explore some of the other blog posts about online orders.
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About Consumer Protection BC
We are responsible for regulating specific industries and certain consumer transactions in British Columbia. If your concern is captured under the laws we enforce, we will use the tools at our disposal to assist you. If we can’t help you directly, we will be happy to provide you with as much information as possible. Depending on your concern, another organization may be the ones to speak to; other times, court or legal assistance may be the best option. Explore our website at www.consumerprotectionbc.ca
We are currently waiting for an order which I placed in late October on line thinking I was dealing with an American company and the product was made in the USA. I paid by credit card and was astonished to see the order was being shipped from China. I paid extra for tracking service and in early December was notified it had arrived in Mississauga Ontario. It was transferred to Canada Post and I received notice it was in transit an would arrive December 16th. Since then it hasn’t moved from the “in transit” stage and I have been unable to get any more information?
Hi Harold, thank you for contacting us. Canada Post has been experiencing an exceptionally high volume of mail and parcels this year. Having said that, you may want to follow up with them. Here’s a link to their website (https://www.canadapost.ca/web/en/pages/support/default.page), take a look at the “Tracking Status” section and see if you have some options such as contacting them over the phone. I hope you will be able to get your package soon!
Perfect timing for this info as I have been having a problem with a order I made on the 26th of Nov..the company said it was shipped Dec 3rd and the shipping company states they only received electronic documentation, but never received the package. So because of this article I know what steps I can take…Thankyou
You are very welcome, Lynda! Best of luck to you in receiving your package.
What do you do when Post Office gives you wrong key for box . When you get right key to get your parcel and its not there. Post Office says it was delivered and not thier fault. It was delivered.
Hi Lynn, we do not regulate Canada Post so we are not familiar with how they deal with these kinds of issues. Have you obtained a service ticket to start a claim process with them? Depending on how it was mailed (tracked, with or without insurance) they may be able to help you further. Here is a link to their website related to your situation. I hope you will be able to get your package soon!
Thanks! This is useful information as I order lots of goods online!
Hi Nigel, we’re glad to hear that the information is helpful! Thank you for your feedback.
I ordered from a company in China. I tracked it to my community mailbox. No key was left in my mailbox to retrieve my parcel. Canada Post takes no responsibility.
Hi Barb, thank you for reaching out to us. Are you still having trouble accessing your mailbox because you do not have the key? If that is the case, Canada Post would be the only organization that can help you. If the package was lost, you could try cancelling the “contract” with the company by following the steps outlined in this post. Please let me know if you have any questions about this process.