Shopping Discussion

Refunds for Defective Products: Consumer Protection Laws in Ontario

  • Last Updated:
  • Sep 6th, 2019 10:35 pm
Banned
Oct 3, 2018
17 posts
2 upvotes
Toronto
Your consumer rights are protected by many different acts. Some acts are enforced by the Ministry of Government and Consumer Services and some by other organizations. ... The Consumer Protection Act ( CPA ) governs most common consumer transactions in the marketplace and home.
Newbie
Feb 1, 2019
53 posts
10 upvotes
aub3rgine wrote:
Jan 5th, 2019 11:24 am
It's a bit difficult to explain but in short, the left and the right arms are not made evenly and has a bit of a crack. However, the lenses are fine and does not interfere with the function of the glasses. I bought these glasses from a small optical store in Markham.

The optician claims a new pair has been shipped since mid November. Since I've dropped off the defective pair, I've ordered a few pairs online without issues and happy with their service. Anyway, I don't know what else to do but wait. I was thinking of demanding my money back. I highly doubt they will give me my money back.

By any chance "small optical store in Markham" is it an Asian optical store? If it is, good luck getting your money back!! Can you email Manufacturer directly with info? The optical store most likely waiting for more orders to avoid paying fees.
Newbie
Feb 16, 2019
1 posts
hello, I purchase a laundry center( the combined washer and dryer) from best buy online. they didn't ask me online when check out about a new washer hose and air duct to go with the machine and I know i need it for installation and therefore I call them to see if i can buy one and they can delivery it at the same time with the machine... ( they need an unopen box of hose and duct in order to install my machine. I know it is a must!)

-order over the phone and a couple days later received an email about the washer hose and duct cannot be deliver due to not order at the same time with the machine
- they suggest me to purchase it from the store( I then bought it and pick up at the store).
- for some reason.. we missed the delivery of the machine on the schedule day ( I think it is my mistake!)
- reschedule it for another date, The delivery team came in and advise it is a three men job to delivery and they only have 2 men( we have a few steps of stairs).... they have to reschedule another date! okay, another morning is gone for waiting!
- a few days later they delivery it and we found out the machine doesn't work ( at night time to try).. the machine wouldn't start and/or fill water!
we ensure all other element is on and working( power, tap is turn on) but no luck.

-the next day i call the bestbuy office to report this and they ask me to exchange it for another one.
to simplify things I went to the store to speak with them ( i realize online order and store order are different.. ) i need to refund the defective one(online order) and purchase another one( in store) so I purchase another one and ask them to deliver it on a schedule date.

- after a few days the second machine arrived( LOL! they only have 2 men deliver at the time!) and we still have problem to made it work! the machine will stop on its own and the door cannot be open ( we try to reset it)
-really not happy with it since I spent over 3 weeks on these and have to meet with the delivery team 4 times( extra couple time to disconnect the hose and duct and run in the store to buy the hose).
-I went to the store to report the problem and the sales manager refuse for a refund and ask me to report to the repair center! he said if the repair center determine it is a defective machine then I will get a refund or exchange! that means I have to schedule another appointment for repair to come in!
-disapointed with it since two machine ( same brand) have the same problem and they are brand new. I told him i do not have any more trust with this brand anymore and would like to exchange to a different brand. no luck... !

-then i call their customer service and they said if it is defective and they are happy to refund me but the call center cannot order that for me and I need to go to the store to do that. they then transfer me to the customer service from the store i purchase and explain the situation and the customer manager said she will be happy to refund or exchange it for me.

- I went to the store again today and spoke with the customer manager and she refer me back to the sales associate to choose for an exchange.

-despirt of 3 weeks, hours on the phone from dpartment to department... trips to the store talk with the sales person.. I would like to move on and purchase another one and get it delivery then end of my problem.. but i guess the sales manager that refuse to exchange it for me yesterday saw me and he called the head office to stop the exchange! and now they said my only option is call the repair center and let them to determine if the machine is defective or not then I will have my exchanage or refund.

- so, before I contact my lawyer, can anyone have any insight on these? even they repair this unit and i am afraid it will broke down again!

-on top of all of these... the machine deliver to my rental condo in toronto and I am in Ottawa. I have to do all these remotely from Ottawa. get guys to meet the delivery, pick up the hose from best buy store, get guys to disconnect the washer hose and duct for bestbuy team to install.
my renter cannot do his laundry for over 3 weeks... may be more now!

so, anybody have any words of wisdom?
I am determine to bring them to a court of law if needed.

koutkd
Newbie
Dec 7, 2007
49 posts
15 upvotes
How about Automibile consumer protection?
My vehicle caught fire and totalled. Chrysler says You have to talk to insurance and i have nothing to do with it. Which means i pay insurance for manufacturer problems too...pathetic.
Deal Expert
Jan 7, 2002
16442 posts
8779 upvotes
Waterloo, ON
djkumar72 wrote:
Mar 6th, 2019 7:30 am
How about Automibile consumer protection?
My vehicle caught fire and totalled. Chrysler says You have to talk to insurance and i have nothing to do with it. Which means i pay insurance for manufacturer problems too...pathetic.
1. Does your car have insurance coverage for fire damage, i.e. comprehensive, specified perils that includes fire, or all perils coverage?
2. How old is your car?
3. How do you know that this is a manufacturing defect or otherwise the manufacturer's fault?
4. Where have you had the vehicle serviced (dealer, garage, DIY)?
5. Have you checked Transport Canada and equivalent US sites to see if there's a related recall on this vehicle?
6. Etc,

In any case, that's how insurance works. You go to your insurer first. They compensate you under the terms of the policy.

If they have evidence that it's a manufacturing defect then they go after the manufacturer for compensation. If they have evidence that it's a servicing issue, they do after the garage that last serviced your vehicle, etc.

Now if your car isn't insured for fire damage then you have to do what the insurance company would have done if you did, i.e. submit evidence to the manufacturer that the cause was their defect. Since they're likely to deny responsibility you'd better have solid evidence, persistence, patience and probably a good lawyer. Good luck with that. That's why you should relevant insurance coverage in the first place.
veni, vidi, Visa
Member
User avatar
Jan 18, 2006
464 posts
21 upvotes
Toronto
How does return shipping charge work for online only stores when it comes to defective/blemished product?
Deal Expert
Jan 7, 2002
16442 posts
8779 upvotes
Waterloo, ON
redplanet wrote:
Mar 6th, 2019 2:24 pm
How does return shipping charge work for online only stores when it comes to defective/blemished product?
AFAIK that's at the discretion of the seller. A reputable seller should cover the cost of returning a defective item, however,

AFAIK there's no legal obligation for them to do so. The specifics may vary by province.
veni, vidi, Visa
Member
User avatar
Jan 18, 2006
464 posts
21 upvotes
Toronto
bylo wrote:
Mar 6th, 2019 2:43 pm
AFAIK that's at the discretion of the seller. A reputable seller should cover the cost of returning a defective item, however,

AFAIK there's no legal obligation for them to do so. The specifics may vary by province.
damn that sucks, but appreciate the thoughts and response though!
Deal Addict
User avatar
May 11, 2009
4524 posts
1401 upvotes
Debtario
Know your rights, and stand your ground. Be polite, but be firm!

I had a situation with SDM recently, bought some shaving cream that was marked down, brought it home and realized it had gone bad (yellow, cracked, dried out). Went to return or exchange and the cashier said "sorry, clearance items are final sale". She said I should have checked the item before purchase, it's marked down for a reason. I called BS, it's in a closed box, am I supposed to rip open sealed retail cartons in the store to check? I was directed to come back and speak with a manager on monday.

I went to another till and a supervisor was called over, got a similar speech of final sale. I pointed out that nowhere is it indicated on the receipt or in store that the item is final sale, it's not part of the purchase contract and the item is unfit for sale. I showed her how bad it was, and only after threatening to talk with the owner, escalate to corporate, and get local media involved, she relented and let me exchange it.
"I possess a device, in my pocket, capable of accessing the entirety of information known to man. I use it to look at pictures of cats and get in arguments with strangers"
Deal Expert
Jan 7, 2002
16442 posts
8779 upvotes
Waterloo, ON
M1K3Z0R wrote:
Apr 23rd, 2019 3:21 pm
bought some shaving cream that was marked down, brought it home and realized it had gone bad (yellow, cracked, dried out)
Out of curiosity,

1. Was it name brand or SDM house brand? If name brand there's usually a 1-800 to reach the manufacturer directly. In my experience with big companies like P&G and Colgate. if you call that number they'll bend over backwards to make you happy. For example they'll send you replacement(s) and/or coupons good for free replacement(s.) They're probably also interested in your retail experience.

2. If the item had a best before or expiry date was it before or after that date? Stores shouldn't sell expired stock, even on clearance. Usually it's about-to-become-stale stock that's on clearance. If that SDM store sold you expired goods then I'd contact HQ to file a complaint (and hopefully also educate their staff.)

Of course none of this excuses that store's behaviour. I mention the above options because I find them to be effective. While your approach worked, I suspect that store's staff didn't learn anything from it, probably attributing the hassle to a "difficult" customer rather than to a customer service failure on their part,
veni, vidi, Visa
Deal Addict
User avatar
May 11, 2009
4524 posts
1401 upvotes
Debtario
bylo wrote:
Apr 23rd, 2019 4:07 pm
Out of curiosity,

1. Was it name brand or SDM house brand? If name brand there's usually a 1-800 to reach the manufacturer directly. In my experience with big companies like P&G and Colgate. if you call that number they'll bend over backwards to make you happy. For example they'll send you replacement(s) and/or coupons good for free replacement(s.) They're probably also interested in your retail experience.

2. If the item had a best before or expiry date was it before or after that date? Stores shouldn't sell expired stock, even on clearance. Usually it's about-to-become-stale stock that's on clearance. If that SDM store sold you expired goods then I'd contact HQ to file a complaint (and hopefully also educate their staff.)

Of course none of this excuses that store's behaviour. I mention the above options because I find them to be effective. While your approach worked, I suspect that store's staff didn't learn anything from it, probably attributing the hassle to a "difficult" customer rather than to a customer service failure on their part,
It was Proraso branded pre-shave cream, no phone number - just an internet address. Not sure they'd be much help since they are based in Italy, but I'll take it into advisement.

No expiry, just a lot code that doesn't appear to indicate any meaningful information on production date or expiry. Didn't think it could go bad, my local SDM usually stocks discontinued/out of season inventory on clearance there not outright garbage - though I do check dates and if there is shampoo missing etc. They don't seem to carry it anymore on the shelves either. By the looks of it it seems it may not have been properly sealed, two others I checked had the same issue while one with a different lot code was okay.

If they learned anything that;s great, but my main intention was just to get the product I was expecting. Opening it and showing them how bad it was may have helped to convince them, it looked quite nasty, like rancid butter (but still smelled okay). I was just taken aback by their attitude and BS of it being priced accordingly, the discount wasn't even that large to suggest something is seriously wrong.
"I possess a device, in my pocket, capable of accessing the entirety of information known to man. I use it to look at pictures of cats and get in arguments with strangers"
Member
Nov 9, 2015
369 posts
33 upvotes
ON
Sold a brand new item via Kijiji, buyer came, had thorough inspection and purchased the item, after a week he called me to inform that, there is some issue with the item, in order for replacing that part, it will cost him $40. He want me to pay him that $40 or I have to give him the original purchase receipt (which I don't have). I had sold the item for a clearance price, didn't even take a $1 profit, What should I do ? I don't know whether he had replaced the original part with a defective one and playing games with me or he is genuine.
Kindly advice..
Be positive & stay blessed :)
Deal Expert
Jan 7, 2002
16442 posts
8779 upvotes
Waterloo, ON
sh8wh4sg wrote:
Jul 18th, 2019 9:58 am
Sold a brand new item via Kijiji, buyer came, had thorough inspection and purchased the item, after a week he called me to inform that, there is some issue with the item, in order for replacing that part, it will cost him $40. He want me to pay him that $40 or I have to give him the original purchase receipt (which I don't have). I had sold the item for a clearance price, didn't even take a $1 profit, What should I do ? I don't know whether he had replaced the original part with a defective one and playing games with me or he is genuine.
Kindly advice..
Purchases on Kijiji are like purchases at flea markets: as is. The buyer inspected the item, found it satisfactory and paid for it. Your obligation is now over.

The only recourse the buyer has is with the manufacturer, assuming they qualify for warranty coverage. In my experience some manufacturers may say stuff like receipt required, original owner, etc. but don't always enforce it in practice.
veni, vidi, Visa
Member
Dec 23, 2012
217 posts
168 upvotes
RICHMOND HILL
I bought a dining set and when I brought it home it turned out 3 of the 4 chairs have legs of differing lengths... also the dining table itself is very wobbly (didn't really try to wobble it at the store...). The store technically has exchange policy for manufacture defects but I doubt they would think the wobbly table is a defect, though it's a part of the set with the defect chairs. I really just want a refund and to go buy it at another store. Do you have any recourse?
Newbie
Sep 5, 2019
1 posts
I had a contractor installed an eaves troughs in my house. It started leaking when it rained. The contractor came back and installed flashing saying that he fixed it. But it was still leaking. He won’t come back now to fix it. He is now saying that it’s my shingles that is bad. The flashing he installed also damaged the new eaves with holes in them.
He gave me a ten year warranty on the eaves. There were no written contract prior to him doing the repair. But I have the receipt with10 yr warranty.
What are my options? Can I sue him to take back the eaves and give me my refund?
I have no use for the damaged eaves and it’s leaking.
I want him to remove it from my house so I can hire another company to replace it.

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