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Consumer Contracts

Posted on
01 August 2017

Online shopping: tips to receive your refund when your package never arrives

Written by  Amanda

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A lot of people see the benefits of online shopping. It’s quick, easy, and you don’t even need to leave your home to do it. However, the ease of shopping at home can come with its own set of problems. Have you ever ordered something online and as the delivery date approaches you find yourself constantly checking the front door, impatiently awaiting your package? Soon a couple weeks pass and the panic starts to set in. You start to wonder if there’s been a mistake. You’ve already paid for it, so what do you do now?


Contact the supplier first

We recommend contacting the supplier first. There could be a reasonable explanation for a late delivery. It happens. For example I recently bought a bathing suit online and it was a couple weeks late because of a typhoon – in my opinion, this is completely understandable.


Still nothing?

If going through the supplier was unsuccessful and your goods or services have still not arrived, there are some options that are available to you when it comes to cancelling your “contract”.

When you buy something online, you may be entering into 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.

According to the Business Practices and Consumer Protection Act (BPCPA), you have rights when it comes to cancelling your contract when your goods do not arrive.


Your rights

  • You are within your right to cancel if the goods/services are not delivered to you within 30 days of the supply date (expected day of delivery).
  • If there was no supply date, you can cancel the distance sales contract within 30 days from the date that the contract was entered into (the date of purchase).
  • If a you cancel your contract, the supplier has 15 days to refund the consumer the total amount.



How to cancel

You can use this cancellation form from our website to send to the supplier (by mail, email, or fax) to inform them you are cancelling the distance sales contract. 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.


What to do next

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 the following information to your credit card provider:

  • The supplier's name (business you ordered the goods/services from);
  • The date the distance sales contract was entered into;
  • The amount charged to the credit card in respect of the distance sales contract and any related consumer transaction;
  • A description of the goods or services sufficient to identify them;
  • The reason for cancellation under section 49, of the distance sales contract;
  • The date and method of cancellation of the distance sales contract (it is important that you keep track of all communication with the business).



What if the tracking status of my goods says “delivered”, but nothing has arrived?

  • If your goods are being shipped through the Canada Post, they suggest double checking second locations, such as apartment mail rooms, front desks, or company mail rooms.
  • After waiting for 24 hours for a potential update or final delivery, Canada Post suggests reporting the problem to them directly. 
  • If you did not use Canada Post, we suggest you contact the specific shipping suppliers, who may be able to guide you through the next steps.


With respect to distance sales contracts, if you haven’t received the goods (regardless of delivery status) you are within their rights to cancel the contract, within the parameters that were mentioned above. Consumer Protection BC regulates specific aspects of distance sales contracts in BC, including your right to cancel and what’s required to be in the contract. While we don’t regulate online shopping or quality of service issues, we hope the information above is useful to you!


Consumer Protection BC

If you walk away from signing a contract or paying for a product or service and something just doesn’t feel right, contact us. We are responsible for regulating specific industries and overseeing certain consumer protection laws in British Columbia. If your concern is captured under laws we are responsible for, we will use all the tools at our disposal to assist you with your problem. While we won’t always be able to 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. Either way, we will do our best to help. Visit our website at www.consumerprotectionbc.ca for more information.


ADDITIONAL READING:

My online purchase hasn’t arrived…now what?
Free trial traps: how to identify them and what to do if you’re stuck
Buying flowers online? Read these tips first.

Last modified on 01 August 2017
Amanda

Amanda

Amanda is the communications coordinator at Consumer Protection BC. She's passionate about sharing information in ways that inspire and educate...let's see what she comes up with! If you have a consumer question, you are welcome to post a comment!

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