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Canadian Law and Games!
  #1  
Old 03-04-2013, 11:20 PM
Sandiercy's Avatar
Sandiercy Sandiercy is offline
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Location: Vancouver, Canada
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Default Canadian Law and Games!

I am starting to seriously question the IQ of half my customers (or not so).

Me: Awesome board game and card game store manager.
SC1: Guy buying D&D for his son.
SC2: (separate guy, different story) Teenager

A week ago I had someone come in looking for some D&D books for his son, he didnt know what his son had or what he wanted so I suggested a few things including this http://screwedupdice.blogspot.ca/201...geon-rise.html which he purchased. I made it known to him at that point that our store policy was "All Sales are Final" and if he was gifting it, then we can exchange it in store. Pretty straight forward policy and it is on signs around the store including a sign taped to the counter. Skip ahead to today.

*Phone rings*
Me: *usual spiel*
SC1: I bought this D&D stuff from you the other day and my son doesnt want it so I want to return it. I want my cash back. (he paid with debit)
Me: Sorry sir but we only do exchanges on sealed items, no returns.
SC1: Its the Canadian Law, you MUST give me a refund.
Me: *hands phone to boss*
Boss: *after talking to the SC* Just give him a refund on his card.
SC1: *after I pick the phone back up* Give me my money back, I will not accept it on debit, it MUST be cash.

Apparently the SC will be in today to get a refund. I will keep you posted if he does show up.

Story 2

SC2: So, do you guys have games here?
Me: *looks around at the board games covering the shelves* Nope, none at all.
SC2: Really, no PC games?
Me: Just board games and card games.
SC2: *initiate CBF mode* *stomps out*
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  #2  
Old 03-04-2013, 11:34 PM
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Ree Ree is offline
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Ummm...nope. Canada has no such law.
In fact, I'm pretty sure there is no law anywhere in any country that says you have to give a customer a refund, even if it's defective. You can offer replacement product or repair in that case, but you don't have to give a refund at all.
It's a buyer beware world, but many customers don't realize that.

Refunds and exchanges are a courtesy, but they see it as an entitlement.
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  #3  
Old 03-05-2013, 01:04 AM
aulocksmith aulocksmith is offline
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Quote:
Quoth Ree View Post
Ummm...nope. Canada has no such law.
In fact, I'm pretty sure there is no law anywhere in any country that says you have to give a customer a refund, even if it's defective. You can offer replacement product or repair in that case, but you don't have to give a refund at all.
It's a buyer beware world, but many customers don't realize that.

Refunds and exchanges are a courtesy, but they see it as an entitlement.
Unfortunately, in Australia, we now have a uniform federal consumer law, that pretty much states that the customer can choose repair (if defective), exchange or refund. Bloody well sucks. One of our better known (in tech/geek circles at least) IT chains got slapped with close to 1/2 million dollars in fines because of it.
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Old 03-05-2013, 01:57 AM
the lawsmeister the lawsmeister is offline
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Quote:
Quoth aulocksmith View Post
Unfortunately, in Australia, we now have a uniform federal consumer law, that pretty much states that the customer can choose repair (if defective), exchange or refund. Bloody well sucks. One of our better known (in tech/geek circles at least) IT chains got slapped with close to 1/2 million dollars in fines because of it.
I think Aus law always had that option for faulty goods (seem to recall it being part of a class i did at high school some 20 years ago) but it only applied for a short time after the item was purchased. Once the customer had owned the product for a month or two it would become the supplier/manufacturer's choice what to do.
With the new laws it comes down to whether the fault with the item is a minor or major fault. If its minor, the supplier chooses what to do. If its a major fault the customer gets to choose. Which raises the question of who decides if its major or minor. If the retailer can't decide, I'd assume that it would have to be sent to a service centre to work out what's actually wrong with it.
On top of that the customer can argue that if its an expensive item the warranty period should be longer than what was specified by the supplier.

The whole thing is really a bit of a mess and seems poorly thought through to me.


To Ree's point though, none of this affects change of mind on an item that is not defective. That is completely up to the store's policy, as long as the product was fit for purpose they are under no obligation to do anything.

Last edited by the lawsmeister; 03-05-2013 at 02:00 AM.
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  #5  
Old 03-05-2013, 03:22 AM
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Ree Ree is offline
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Well, since we are talking about a customer claiming it's a Canadian law, this is what the Canadian Consumer Affairs website has to say:
Quote:
There is no law that says all sellers must take back an item. It may not matter that you don't like it, decided you can't afford it or found it cheaper somewhere else.

Every seller has a different return policy. Find out what the seller's policy is before you buy.
If it's defective, the standard time limit for return is up to one year, and the business does have an obligation to warranty it, but not necessarily with a refund, and it is based on the manufacturer's warranty policy.

The customer was told the store's policy, so for him to get all bent out of shape, well, it was his own fault that he thought they would bend the rules for him.

The manager obviously wanted to keep a customer, but he set a precedent, and if the guy does come back, he will probably expect the same.
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  #6  
Old 03-05-2013, 03:45 AM
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Sandiercy Sandiercy is offline
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Quick update: Its close to the end of the day and the guy isnt back. Is it possible that we have an SC that is keeping his word??? The world is ending!
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  #7  
Old 03-05-2013, 12:26 PM
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Seshat Seshat is offline
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Quote:
Quoth Ree View Post
Ummm...nope. Canada has no such law.
In fact, I'm pretty sure there is no law anywhere in any country that says you have to give a customer a refund, even if it's defective.
My parents took a company to small claims court for a refund, because the product they purchased was not 'fit for purpose'.

In other words, the salesman sold it to them for a particular purpose; and it wasn't actually designed/built for that. The small claims court magistrate ruled in my parents' favour.

However, (at the time) if they had simply decided they didn't want a moss-covered three handled family gredunza, the magistrate would have shrugged and said 'you bought it. It's in perfect working order, it does what it says on the box. You're wasting my time.'

This new law seems strange to me.
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1. Would you rather be right, or get the result you want?
2. If you're consistently getting results you don't want, change what you do.
3. Deal with the situation you have now, however it occurred.
4. Accept the consequences of your decisions.

Disclaimer:
My professional areas of expertise are computing and writing: I am not a doctor or a lawyer.
When your health, freedom, etc are at risk, always see a professional.
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  #8  
Old 03-06-2013, 03:14 AM
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Sandiercy Sandiercy is offline
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Another update: The SC came in today and actually apologized for being rude on the phone and was very nice about it all. He still got his refund but made my boss happy.
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  #9  
Old 03-06-2013, 11:45 PM
Moirae Moirae is offline
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The thing that guy bought his kid is really awesome.

The guys just a douche. He's lucky to get any money back at all.
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