hcarre

Dear all, would you know if in Canada, more specifically in Alberta, they have a governmental body such as the Department of Trade and Industry in the UK and Consumer Direct to make complaints on products and services as well as obtain some legal advice? I have noticed in some shops that it seems the shop is making a favour to the customer to sell a product... It means, I bought a sofa which came broken and now they are making my life so difficult to obtain a replacement. They have even suggested a repair guy to come and fix it. But I bought it brand new, I don't understand that. Thanks a lot in advance.

Steve_P

You want to complain about the attitude of the staff?

hcarre

Sorry, no. I want to complaint about not being able to obtain a replacement for a brand new sofa which came broken. I have corrected the quote.. Thanks for pointing this out.......

Almost Canadian

Where does it say you are entitled to a replacement?

bluefishman

so in canada do you pay extra for shoddy goods?

jericho

Does it need to?
He bought a new sofa. Surely he's entitled to one that isnt broken?

Atlantic Xpat

As a legal beagle, is there an equivalent in Canada to the Sale of Goods act? i.e. if you are sold something not fit for purpose then you are entitled to refund or replacement.

MB-Realtor

Unfortunately "Buyer Beware" is enshrined in many Provincial laws.

So you are very much at the mercy of the sellers conditions of sale and return and of the manufactures warranty conditions.

I have been told on many occasions when I bought electrical goods " as soon as its out of our doors if something goes wrong you will have to contact the manufacture". Many warranties are not worth it as they make you pay for shipping both ways.

It's why I mainly buy things from Costco as they have a fair return policy.

MB-Realtor

The Better Business Bureau, is a very toothless organization that you can report bad companies to, they have a register of members that can be checked for complaints.

Almost Canadian

There is but they are Province specific. Here is the Alberta one: http://www.canlii.org/en/ab/laws/sta...000-c-s-2.html

In England, in theory, one is not entitled to a replacement, but to damages for breach of contract. I haven't looked at the various Acts here, but I would imagine that they only entitle one to an action for damages.

Hence my question

There will also be an issue as to whether the goods have been "accepted". This is not always as straightforward as people assume. Depending upon when this occurred, the OP may already have accepted them.

Almost Canadian

Well, yes s/he is and s/he hasn't received one. Therefore, the remedy that a Court would likely provide is damages, not a replacement.

MB-Realtor

Heres Manitoba's Act:-

http://web2.gov.mb.ca/laws/statutes/ccsm/b120e.php


I think it can be summarized by:-

As long as you are not trying to deceive the customer in any way your OK.

MB-Realtor

I totally agree.

BUT

It would all depend on the contract that they entered into.

It is even more important here than in the UK to check a product when it is delivered for any damage, and either refuse delivery or note on the delivery documents that it was damaged on delivery to you. Keep notes about what is said in any subsequent conversations.

MB-Realtor

And as to taking someone to court for damages etc., that may just not be worth it. It is not always possible to get all of your costs back here, even when you are the winner. So you may win and lose all at the same time.

Aviator

Did you pay by credit card? There may be protection insurance
Small claims court is an option
Don't deal with business that don't look after you
What is the name of the business you are dealing with?

Also there is this http://www.consumer.ca/1653 which may be of some help

I had a problem with furniture recently, the manufacturer and the seller would not assist. I discussed the option of small claims with them and they seemed more interested in helping me.