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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
sassysue wrote: 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
i wasn't necessarily complaining i was asking if someone could inform me on my rights, i thought you were protected from defective items for up to 30 days. small claims court isn't criminal court and fraud is FRAUD, maybe if there weren't so many sleazy criminals like the guy that sold me this protector there wouldn't be so many people in court. i am glad there are people like you on the planet making these thieves more prevalent by allowing them to victimize people. if i bought a used ps4 for $300 and it was broken I wouldn't be on here asking about my rights, I would be going to the police station and reporting the seller..

I am amazed at the amount of people on here that think its ok for someone to steal from someone and that i should just let this happen to me?

so far I've reported the seller to this agency and they were quite interested
http://www.competitionbureau.gc.ca/eic/ ... 03437.html

eonibm wrote: Moral of the story: buy off eBay
there are laws protecting consumer in person i just want to know those lol, you would think that they would be easy to find so people can't just sell knock off junk and refuse to exchange or refund for defective garbage.
Deal Expert
User avatar
Jul 30, 2007
33206 posts
21116 upvotes
Toronto
Since you are from Ontario ....

https://www.ontario.ca/page/returns-exc ... es-ontario

Returns, exchanges and warranties in Ontario
In Ontario, stores and other suppliers are not legally required to offer refunds or exchanges. So it’s important that you check each store’s policy before buying there.


If it's defective, then your only recourse is to call up the manufacturer or wholesaler of the product in question. Otherwise, not a whole lot you can do, except as you said, go thru small claims. Even with a win judgement, the collection of the judgement may or may not happen, esp. if the product manufacturer is from overseas.
Deal Expert
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Aug 2, 2010
15196 posts
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Here 'n There
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.
+1. As much as I would also hate to get ripped off as you apparently did if your story is to be believed, and I am not saying you're lying, but just sayin', there is something called being practical. Spending more money trying to commence a lawsuit in small claims court which will cost you more than your claim is worth, not to mention the time spent , is impractical, takes up the court's time and even if you win your chances of collecting what you are awarded are pretty well nil.

I have been ripped off multiples of what you have in the past for various types of commercial transactions and although I wanted to pursue the other party it simply wasn't practical and I wanted to move on with my life.

I respectfully suggest that you do the same.

By the way, I I never got this whole sticking something on the top of your smart phone screen thing. I would rather enjoy my smart phone as it was intended without having a piece of plastic or tempered glass stuck to it as it changes the experience somewhat. So what if I get a few shekels less when I sell it because it has a few scratches on the screen? I can always have the screen replaced before I sell it if I think there is a financial upside.
Deal Addict
Apr 4, 2013
1274 posts
410 upvotes
Stores do not have to offer refunds at all. Some retailers do have all sales are final. While legally the store cannot sell you a defective item, the challenge for the OP will be proving that the item was defective. The screen protector shattered when he wiped it - but the screen protector had not been properly installed when it shattered. There are items that are quite fragile until they are properly installed. I don't know if this is such an item, just making a point.

It sucks that it broke. It sucks that the retailer won't take the item back. If the item was paid with a credit card that offers purchase protection, perhaps that is an option to pursue?
Jr. Member
Jan 6, 2016
182 posts
151 upvotes
Toronto, ON
Reminds me of the time I bought a 9V battery at the dollar store and it turns out the battery was dead on arrival. The [removed] cashier was a useless b**** and wouldn't give a refund even though the battery was clearly defective. Shows that they only care about the tiny amount of money and how petty they are. After this I learned some stores and people have really poor customer service and I will avoid them whenever I can.

If you really insist on a screen protector you can buy one on eBay for $1 shipped, note that it will take a month to arrive.
Deal Addict
Jul 8, 2009
1011 posts
672 upvotes
Toronto
$30 is not worth the hassle, right?

So to anyone in this thread saying so, I can just take $30 out of your wallet, and you'd just let it go because it's not worth the hassle, right?

I see the RFD Blame The Victim Brigade is out in full force.
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.
sassysue wrote: 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
The issue was not caused by OP. The issue was caused by the seller and/or manufacturer dealing in shoddy product. Any reasonable court will place the blame where it belongs. OP did nothing wrong and is doing nothing wrong by wanting restitution for being wronged.
Deal Fanatic
User avatar
Jun 19, 2001
9522 posts
3174 upvotes
Anyone saying small claims court for $30 doesn't understand whats involved. This isnt a tv show. The fees you'll be into before ever seeing court in ON


Filing of a claim by an infrequent claimant
$75

Filing a notice of motion
$40

Issuing a summons to a witness
$19

Fixing of a date for trial by an infrequent claimant
$100


Even if you do that and win, if the defendant doesn't voluntarily hand over the money there are more fees in trying to enforce it
Deal Expert
Jan 7, 2002
29583 posts
28909 upvotes
Waterloo, ON
Mercury048 wrote: $30 is not worth the hassle, right?
For many people it's not. Even when they know they're right and are confident that they'd win if they pursued the matter in court.
So to anyone in this thread saying so, I can just take $30 out of your wallet, and you'd just let it go because it's not worth the hassle, right?
It depends. For example, if you came up to me late at night in a dimly-lit parking lot with no one else around and "asked" for $30 I'd give it to you. I'd probably call the police afterwards. But I wouldn't expect much from them. I'd just write off the $30 as a lesson in the risks of being in the wrong place at the wrong time. And I'd also thank my lucky stars that I lost only the $30. But that's me. Maybe you're 6'5", weigh 250lb, are a mean SOB and have a black belt in some martial art.
I see the RFD Blame The Victim Brigade is out in full force. The issue was not caused by OP. The issue was caused by the seller and/or manufacturer dealing in shoddy product. Any reasonable court will place the blame where it belongs. OP did nothing wrong and is doing nothing wrong by wanting restitution for being wronged.
I agree with your sentiments and your frustration with the RFD BTVB. I'm not blaming the victim. I'm simply suggesting that it may not be worth it to pursue the matter further if the store owner doesn't cooperate. Of course if the victim understands how much effort is involved in going to small claims court and the risk (perhaps small) that he'll lose nevertheless (and could pay costs on top of the $30), then by all means he should go for it.
veni, vidi, Visa
Deal Fanatic
Aug 3, 2014
6089 posts
4351 upvotes
If you paid with a credit card, call your bank and ask if they can do anything (either file a dispute because it was defective, or Purchase Protection insurance claim). If you paid cash or debit, you deserve what you got.
Deal Addict
User avatar
Dec 14, 2007
2386 posts
680 upvotes
Vancouver Island
hvwozq wrote: If you paid with a credit card, call your bank and ask if they can do anything (either file a dispute because it was defective, or Purchase Protection insurance claim). If you paid cash or debit, you deserve what you got.
This ^^^

OP, don't ever pay with cash or debit for things like this, instead use a CC. If you had, you probably have a 90 day (most common is 90 day, my CC has 120 days) purchase assurance that protects your purchase against theft, loss or damage. If you paid in cash/debit, then chalk this experience up to a lesson learned.
Deal Addict
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May 15, 2009
3160 posts
3349 upvotes
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Pursuing a refund on this is a waste of time.

On another note, did you clean the screen while it was in your hand/palm? There are different forces at work here so you cant compare it to bending. Just because it can bend doesnt mean it can support any force being applied perpendicular to it.
Deal Expert
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Aug 2, 2010
15196 posts
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Here 'n There
Mercury048 wrote: $30 is not worth the hassle, right?

So to anyone in this thread saying so, I can just take $30 out of your wallet, and you'd just let it go because it's not worth the hassle, right?

I see the RFD Blame The Victim Brigade is out in full force.


The issue was not caused by OP. The issue was caused by the seller and/or manufacturer dealing in shoddy product. Any reasonable court will place the blame where it belongs. OP did nothing wrong and is doing nothing wrong by wanting restitution for being wronged.
Yup! Not worth it to throw good money and tins of time after bad. I leaned that when I was in kindergarten.
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Aug 2, 2010
15196 posts
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Daydas wrote: Reminds me of the time I bought a 9V battery at the dollar store and it turns out the battery was dead on arrival. The [removed] cashier was a useless b**** and wouldn't give a refund even though the battery was clearly defective. Shows that they only care about the tiny amount of money and how petty they are. After this I learned some stores and people have really poor customer service and I will avoid them whenever I can.

If you really insist on a screen protector you can buy one on eBay for $1 shipped, note that it will take a month to arrive.
I bought a couple of 12V batteries for my Dads chairlift last month and brought my voltmeter to test them at the store before I paid. Easy peasy.
Deal Expert
Jan 7, 2002
29583 posts
28909 upvotes
Waterloo, ON
eonibm wrote: I bought a couple of 12V batteries for my Dads chairlift last month and brought my voltmeter to test them at the store before I paid. Easy peasy.
Not so easy or peasy. A voltmeter reading of 12V only indicates that the battery isn't totally dead. It tells you nothing about how many amp-hours capacity it's capable of or how well/long the battery will hold a charge in storage.
veni, vidi, Visa
Newbie
Jan 6, 2016
14 posts
Brockville, ON
Mercury048 wrote: $30 is not worth the hassle, right?

So to anyone in this thread saying so, I can just take $30 out of your wallet, and you'd just let it go because it's not worth the hassle, right?

I see the RFD Blame The Victim Brigade is out in full force.


The issue was not caused by OP. The issue was caused by the seller and/or manufacturer dealing in shoddy product. Any reasonable court will place the blame where it belongs. OP did nothing wrong and is doing nothing wrong by wanting restitution for being wronged.
this exactly is what i am saying,the sellers attitude was disgusting and it might be worth the $250 for small claims court to cost him time and money and some embarrassment. I am starting to think abunch of people posting in this thread might be sellers of these products with how aggressively there defending the thief of a seller..

i paid with a credit card a visa from RBC but i am not sure they cover defective items.
KiraSensei wrote: Pursuing a refund on this is a waste of time.

On another note, did you clean the screen while it was in your hand/palm? There are different forces at work here so you cant compare it to bending. Just because it can bend doesnt mean it can support any force being applied perpendicular to it.
all i can say is i wiped a fingerprint off and the thing shattered, i didn't bend it in half and wasn't using a hammer to polish it in between those pressures i have no idea how hard i could have ben pressign exactly with my finger
eonibm wrote: Yup! Not worth it to throw good money and tins of time after bad. I leaned that when I was in kindergarten.
do you by chance sell $2 Chinese knockoff cell phone screen protectors for $25 in a mall?
eonibm wrote: Yup! Not worth it to throw good money and tins of time after bad. I leaned that when I was in kindergarten.
to bad you didn't learn right from wrong in kindergarten instead
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Aug 2, 2010
15196 posts
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bylo wrote: Not so easy or peasy. A voltmeter reading of 12V only indicates that the battery isn't totally dead. It tells you nothing about how many amp-hours capacity it's capable of or how well/long the battery will hold a charge in storage.
No, nothing tells you that. But at least it tells you that you haven't bought a totally dead battery. That would've avoided you buying a DOA battery, not to mention a clear warning to stay away from that vendor.

Also, I bought from an obviously reputable vendor that advertises right on the website that all batteries are returnable within a certain time period for any reason whatsoever. Next time you shouldn't go for the lowest price to save a few shekels by buying from a fly-by-night. At minimum make sure your battery supplier has a stated publicly advertised return policy which obviously yourd did not have or you would not have had a problem returning it, right?

You seem to know a lot about batteries and that you can't really tell much about the battery quality even it shows a full charge so I am surprised you would buy this kind of an item from a vendor without such a policy.

I am not condoning what the vendor did but you need to look in the mirror as you were obviously the author of your own misfortune as you could have very easily have avoided it.
Deal Expert
Jun 30, 2006
21127 posts
9784 upvotes
Toronto
You paid $30 for a screen protector? For which device was this?
Sr. Member
User avatar
Dec 21, 2015
725 posts
350 upvotes
Canada
I'd say just think of it as a charity. You gave some unfortunate person some dollars.

You can fight this in court, but do you really want to spend all that time and energy for ... $30?
If so, do it with legal help.
Newbie
Jan 6, 2016
14 posts
Brockville, ON
carmaster wrote: You paid $30 for a screen protector? For which device was this?
i just paid like $40 for a zagg one from best buy that has a lifetime guaranty
Deal Expert
Jun 30, 2006
21127 posts
9784 upvotes
Toronto
dog479 wrote: i just paid like $40 for a zagg one from best buy that has a lifetime guaranty
How much did you pay for the original one that broke?

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