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Locked: return laws ontario

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  • Jan 9th, 2016 6:11 pm
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Newbie
Jan 6, 2016
14 posts
Brockville, ON

return laws ontario

I bought a tempered glass screen protector for my phone and when i got home i disliked how it felt so i wiped a fingerprint off the protector so it was clean going back to the store and it shattered in my hand.. I tried to return the obviously defective item and the store owner told me to get out of his store and refused to exchange it or refund it. is there anything i can do about this at all?

me wiping the finger print off was obviously no where near what these people are doing to tempered glass protectors

https://www.youtube.com/watch?v=hn-RK9JLhz4
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https://www.youtube.com/watch?v=hn-RK9JLhz4
52 replies
Deal Expert
User avatar
Jul 30, 2007
33206 posts
21116 upvotes
Toronto
No such law exists.
Newbie
Jan 6, 2016
14 posts
Brockville, ON
booblehead wrote: No such law exists.
are you sure about that? the product is sold in packaging that shows it being struck by a hammer so wiping it and it shattering would make it defective wouldn't it?
Deal Fanatic
May 4, 2014
5217 posts
7140 upvotes
Toronto, ON
I didn't like the feel of my new trousers.

I decided to read your post and spilled my coffee all over them.

I proceeded to the store and demanded a refund.

$80 Question: would I receive a refund for these obviously defective trousers?
Newbie
Jan 6, 2016
14 posts
Brockville, ON
er34er34 wrote: I didn't like the feel of my new trousers.

I decided to read your post and spilled my coffee all over them.

I proceeded to the store and demanded a refund.

$80 Question: would I receive a refund for these obviously defective trousers?
i wiped a finger print off of a screen protector that's suppose to be able to protect your phone from being hit with a hammer or survive being bent in half and it shattered in my hand from slight pressure of a glasses microfiber rag. if its not defective how is it going to protect your phone from anything?

if you took your jeans home and poked a hole through them with your finger would you try to return them for being defective?

$100 dollar question if wiping finger prints off screen protector destroys it how is it going to protect my phone from a hammer? or being dropped or me touching it?
Deal Expert
Jun 30, 2006
21127 posts
9784 upvotes
Toronto
Had the same thing happen to a screen protector I got off Ebay. I got a refund.
Deal Expert
Jun 30, 2006
21127 posts
9784 upvotes
Toronto
dog479 wrote: i wiped a finger print off of a screen protector that's suppose to be able to protect your phone from being hit with a hammer or survive being bent in half and it shattered in my hand from slight pressure of a glasses microfiber rag. if its not defective how is it going to protect your phone from anything?

if you took your jeans home and poked a hole through them with your finger would you try to return them for being defective?

$100 dollar question if wiping finger prints off screen protector destroys it how is it going to protect my phone from a hammer? or being dropped or me touching it?
Which store was it? A big chain or a small shop?
Deal Addict
Sep 24, 2007
4105 posts
1543 upvotes
Ontario
Did you buy the flex screen protector or an unlabeled one? Sounds like you either didn't buy the better quality flex version, or the store switched it with the cheap $2 ebay version.
Newbie
Jan 6, 2016
14 posts
Brockville, ON
carmaster wrote: Which store was it? A big chain or a small shop?
deadice wrote: Did you buy the flex screen protector or an unlabeled one? Sounds like you either didn't buy the better quality flex version, or the store switched it with the cheap $2 ebay version.
it was a small shop in the mall, every other store was out of screen protectors so i had to go with what was there... i figured it was not going to be the greatest but still i needed one to keep scratches off my phone and it was there. this is theft and this product was junk and the seller knows how huge of a piece of junk that it is
Newbie
Jan 5, 2016
8 posts
Scarborough, ON
Sale by description
14. Where there is a contract for the sale of goods by description, there is an implied condition that the goods will correspond with the description, and, if the sale is by sample as well as by description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description. R.S.O. 1990, c. S.1, s. 14. - you do not have to take them

Implied conditions as to quality or fitness
15. Subject to this Act and any statute in that behalf, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale, except as follows:
1. Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required so as to show that the buyer relies on the seller’s skill or judgment, and the goods are of a description that it is in the course of the seller’s business to supply (whether the seller is the manufacturer or not), there is an implied condition that the goods will be reasonably fit for such purpose, but in the case of a contract for the sale of a specified article under its patent or other trade name there is no implied condition as to its fitness for any particular purpose.
2. Where goods are bought by description from a seller who deals in goods of that description (whether the seller is the manufacturer or not), there is an implied condition that the goods will be of merchantable quality, but if the buyer has examined the goods, there is no implied condition as regards defects that such examination ought to have revealed.
3. An implied warranty or condition as to quality or fitness for a particular purpose may be annexed by the usage of trade.
4. An express warranty or condition does not negative a warranty or condition implied by this Act unless inconsistent therewith. R.S.O. 1990, c. S.1, s. 15.
Deal Expert
User avatar
Mar 9, 2007
15616 posts
13273 upvotes
Think of the Childre…
Usually 30 day return for un-opened items.
If it's defective, you can try contacting the manufacture.

WOULD SOMEBODY THINK OF THE CHILDREN!!!
Newbie
Jan 6, 2016
14 posts
Brockville, ON
jshen6 wrote: Sale by description
14. Where there is a contract for the sale of goods by description, there is an implied condition that the goods will correspond with the description, and, if the sale is by sample as well as by description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description. R.S.O. 1990, c. S.1, s. 14. - you do not have to take them

Implied conditions as to quality or fitness
15. Subject to this Act and any statute in that behalf, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale, except as follows:
1. Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required so as to show that the buyer relies on the seller’s skill or judgment, and the goods are of a description that it is in the course of the seller’s business to supply (whether the seller is the manufacturer or not), there is an implied condition that the goods will be reasonably fit for such purpose, but in the case of a contract for the sale of a specified article under its patent or other trade name there is no implied condition as to its fitness for any particular purpose.
2. Where goods are bought by description from a seller who deals in goods of that description (whether the seller is the manufacturer or not), there is an implied condition that the goods will be of merchantable quality, but if the buyer has examined the goods, there is no implied condition as regards defects that such examination ought to have revealed.
3. An implied warranty or condition as to quality or fitness for a particular purpose may be annexed by the usage of trade.
4. An express warranty or condition does not negative a warranty or condition implied by this Act unless inconsistent therewith. R.S.O. 1990, c. S.1, s. 15.

the product is sold specifically as something to protect your phone and obviously cannot do this. is this not a breech of there contract?
Deal Addict
User avatar
Jul 7, 2014
2266 posts
1665 upvotes
Tech armor.. My favorite glass screen protectors
Newbie
Jan 5, 2016
8 posts
Scarborough, ON
i think so if it can not work on purpose
Deal Addict
Mar 11, 2008
1281 posts
39 upvotes
Langley
What was the store stated return policy? How much was the item? The price only matters as there becomes a point where the effort of obtaining the refund is more than the refund would be based on how much you value your time. After this point the effort is based on principal.
Newbie
Jan 6, 2016
14 posts
Brockville, ON
Hunter316 wrote: What was the store stated return policy? How much was the item? The price only matters as there becomes a point where the effort of obtaining the refund is more than the refund would be based on how much you value your time. After this point the effort is based on principal.
they didn't have a posted return policy, it is $30 and i really disliked the clerk or owners dismissive and snide attitude. i've been thinking of taking him to small claims court.
Deal Fanatic
User avatar
Oct 22, 2007
9280 posts
3004 upvotes
London
dog479 wrote: they didn't have a posted return policy, it is $30 and i really disliked the clerk or owners dismissive and snide attitude. i've been thinking of taking him to small claims court.
Go for it. Waste more time and money, and you'll probably get a dismissive and snide attitude from the judge too, for wasting everyone's time over $30.
Newbie
Jan 6, 2016
14 posts
Brockville, ON
Ottomaddox wrote: Go for it. Waste more time and money, and you'll probably get a dismissive and snide attitude from the judge too, for wasting everyone's time over $30.
the purpose of small claims court is for issues like this, stealing $5 from someone is wrong selling hundreds to thousands of of defective products is theft and fraud plain and simple. so you agree with this sellers practices? you think people should be allowed to operate a business in this way? i should just Go away and let someone steal from me? are you related to this seller or something?
Deal Fanatic
Dec 19, 2005
7772 posts
1025 upvotes
Waterloo
I bought a used ps4 and the CD drive is broken its still under warranty but do you see me coming to complain on the forums heck I spent 300 everything else works fine so I'm not complaining but 30.00 really? Small claims court really? Lmao no wonder why the court systems are backed up because of people like you
Deal Expert
User avatar
Aug 2, 2010
15196 posts
5016 upvotes
Here 'n There
carmaster wrote: Had the same thing happen to a screen protector I got off Ebay. I got a refund.
Moral of the story: buy off eBay

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