Law Talk: Buyer beware of online shopping
Shopping online provides consumers with great selection, amazing prices and unlimited accessibility. However, the trade off is that many consumers feel vulnerable purchasing online. For starters, you pay before you receive the merchandise, and unlike a retail store, there is no way to complain face to face if you don't get exactly what you expected.
In response to consumer concerns, the Ontario Government has passed legislation to protect online shoppers. In July 2005, the Consumer Protection Act, 2002 (CPA) came into effect, which specifically addresses e-commerce transactions. It applies to transactions of $50.00 or more that are purchased either by a consumer or supplied in Ontario.
The CPA requires online suppliers to identify their company name and provide contact information. Also, the goods or services being sold must be accurately described. These stipulations assure shoppers they will know what they are getting and who to contact if their expectations are not met.
Consumers no longer need to fear hidden costs, because the CPA requires suppliers to give customers an itemized price list. The list should include taxes, shipping cost and if applicable any duty fees. All other conditions of the purchase, including delivery and return policies, must be clearly displayed in a format that allows the consumer to save or print the information. After reviewing the price and conditions, the consumer must be given an opportunity to accept, decline or correct the agreement.
Once a purchase is accepted, the supplier has 15 days to send a copy of the agreement to the consumer. Consumers should be careful to give the proper contact information because the supplier may email, fax or mail the agreement. If the supplier refuses to send a copy of the agreement, the consumer has 30 days to cancel the order. If the supplier sends an agreement that does not comply with the CPA, the consumer has seven days to cancel. In ether case the money must be refunded within 15 days of the cancellation.
Even with the CPA, online shoppers should be cautious. Always make sure the website and the server are secure. A lock icon at the bottom of the bottom of the page indicates security. Also read the fine print and save all receipts.
If an online supplier is not in compliance with the CPA, contact them and express your grievance. Make sure the complaint is in writing and copies of any communication with the supplier are kept. If you are not satisfied by the supplier's response, you can file a complaint with the Ministry of Government Services at www.mgs.gov.on.ca.
In response to consumer concerns, the Ontario Government has passed legislation to protect online shoppers. In July 2005, the Consumer Protection Act, 2002 (CPA) came into effect, which specifically addresses e-commerce transactions. It applies to transactions of $50.00 or more that are purchased either by a consumer or supplied in Ontario.
The CPA requires online suppliers to identify their company name and provide contact information. Also, the goods or services being sold must be accurately described. These stipulations assure shoppers they will know what they are getting and who to contact if their expectations are not met.
Consumers no longer need to fear hidden costs, because the CPA requires suppliers to give customers an itemized price list. The list should include taxes, shipping cost and if applicable any duty fees. All other conditions of the purchase, including delivery and return policies, must be clearly displayed in a format that allows the consumer to save or print the information. After reviewing the price and conditions, the consumer must be given an opportunity to accept, decline or correct the agreement.
Once a purchase is accepted, the supplier has 15 days to send a copy of the agreement to the consumer. Consumers should be careful to give the proper contact information because the supplier may email, fax or mail the agreement. If the supplier refuses to send a copy of the agreement, the consumer has 30 days to cancel the order. If the supplier sends an agreement that does not comply with the CPA, the consumer has seven days to cancel. In ether case the money must be refunded within 15 days of the cancellation.
Even with the CPA, online shoppers should be cautious. Always make sure the website and the server are secure. A lock icon at the bottom of the bottom of the page indicates security. Also read the fine print and save all receipts.
If an online supplier is not in compliance with the CPA, contact them and express your grievance. Make sure the complaint is in writing and copies of any communication with the supplier are kept. If you are not satisfied by the supplier's response, you can file a complaint with the Ministry of Government Services at www.mgs.gov.on.ca.
