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You may be deaf, but I'm not stupid. (and a question)

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  • You may be deaf, but I'm not stupid. (and a question)

    So the other day a deaf man came through my lane. As soon as I said hello to him he gestured at his ears and mouthed the words, "I'm deaf."
    Alright, fine, I had a friend who was both deaf and mute and in spite of me not knowing sign language we communicated perfectly.
    The only thing I do differently with deaf individuals is slightly exaggerate the enunciation of my words so if they can read lips it makes it easier for them.
    I do this only because the aforementioned deaf/mute friend said it was the easiest way for him to talk to people who can't speak sign language.

    Anywho...
    This man happened to be buying a few large items so I asked him if he would be needing delivery.
    He gestured at his ears again and repeated the mouthing of, "I'm deaf."
    Ok, fine.

    At every point during our time together he got slightly more rude with his gesturing.
    I understood that he was deaf and was doing the only thing I knew to in order to communicate with him, but clearly he was having none of it.

    Sure he may not have read lips, but I don't see the need to be rude to me when I'm trying to accommodate you, in spite of your inability to hear what I'm saying.

    And now for my question.
    A couple of weeks ago a man purchased an item from our As-Is area.
    Whenever someone buys an As-Is item I give the, "So you know that all As-Is items are final sale, right?" speech.
    When I said that to this man he very rudely (and loud enough for other customers to take note of what he was saying) proclaimed that, "It's illegal in Ontario to make anything final sale! I don't care what your managers have told you, I have a week to return this by law whether or not you say it's final sale."

    O...k....

    So, I tried looking up retail law in Ontario to find out if he was right or not but couldn't find anything on the subject.
    Does anyone know anything about this? Because I would die happy if I ever encountered this man again and got to feed him a bit of what the law really states. Assuming said law, should there even be one in existence, fell in favor of me shutting down a mouthy SC.

  • #2
    I make absolutely no claim to know Ontario law, as I don't even live in Canada, much less Ontario. However, I'd take the statement with a grain of salt. If there really was such a law, it'd be well known, otherwise retailers would be breaking it left-and-right by accident. I'm sure he's just another SC who "knows" a law he made up.
    The icon is a bunny with a spiked collar from some carpet ad.

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    • #3
      Quoth napoleana View Post
      I make absolutely no claim to know Ontario law, as I don't even live in Canada, much less Ontario. However, I'd take the statement with a grain of salt. If there really was such a law, it'd be well known, otherwise retailers would be breaking it left-and-right by accident. I'm sure he's just another SC who "knows" a law he made up.
      Mostly I wanted to research it because of how he said it. His audacity and brazen assholery pissed me off so much that it frustrated me for the rest of the day and I just wanted to know so I could say to myself that he was wrong.
      Trivial, I know.

      Comment


      • #4
        A quick Google search and skim of the Ontario 2002 Consumer Protection Act turned up nothing. 10 or 15 days seems to be the standard cancellation period for most types of written contract, but I didn't see anything that would relate to a sale in a store--or anything referencing a 7-day period for ANYTHING.

        My opinion? He's making stuff up. Besides, it's not like YOU can change your company policy.

        In a related side story, I had a woman try to tell me last week that it was against New Jersey law to not watch her bags while she was in the bathroom. We CANNOT, as per policy handed down from corporate, hold paid merchandise at the guest service counter, and I firmly told her so. She turned almost purple and was too angry at being contradicted to yell at me as she grabbed her single bag to storm off. My poor trainee had to hold her breath to keep the laughter in until she left.
        It's little things that make the difference between 'enjoyable', 'tolerable', and 'gimme a spoon, I'm digging an escape tunnel'.

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        • #5
          How many law experts are out there? Maybe we should all just call customers when we need legal help!

          Comment


          • #6
            Actually the law in Ontario is pretty much the opposite as to what this asshat said. ALL sales are final. Stores do not, for any reason have to take anything back. However almost all stores post a return policy. This is a COURTESY for customers. People of course don't necessarily know this. But as is mentioned in the Criminal Code of Canada "ignorance of the law is not a defense".

            Just one of those little nuggets of not so useless information that I have stuck in my brain. Now if only I could find my keys.....
            "smacked upside the head by the harsh of daylight" - Tori Amos "The Beauty of Speed"


            a sucking chest wound is merely mother nature's way of telling you to slow down - Arm

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            • #7
              Make him look up the law and bring you proof of it. Since he's insisting it exists the burden of proof should fall upon him.
              How was I supposed to know someone was slipping you Birth Control in the food I've been making for you lately?

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              • #8
                Deafness do not in any way prevent the a**h*le disease He was an

                It's highly unlikely that any government would place the burden on retailers to replace a unwanted product (with the exception of lemons).

                Now there might be a exemption for specific products (like cars), where there is a time period where a car can be return to a dealer (even for as-is sales). But in the states, that varies from state to state.

                My bet is mr took a exemption law and his one working brain cell don't understand what "exemption" means.
                I've lost my mind ages ago. If you find it, please hide it.

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                • #9
                  I don't know about Canada but in the US, I don't believe there is any "law" that would require me to take an item back for any reason. People have tried it with tire chains, I send them to the manufacturer. No way am I going to take chains back after they've driven on them like idiots and caused the damage.
                  Same with something like sunglasses. (for example) If they left the store in perfect working order, and I make people check the lenses in the sunlight before they leave in case of scratches after being handled, I have no requirements to take back merchandise they themselves broke.

                  "You'd feel a Hell of a lot better if you'd just rip into the occasional customer."
                  ~Clerks

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                  • #10
                    I don't know. I live in the US, but I seriously doubt that what he said was true.

                    We have an occasional SC who upon hearing our return policy(no cash refunds exchanges or store credit only) says, "That's illegal." We inform them, "No, no it is not. It would be illegal imposing this policy without telling you, posting it, or putting it on the receipt and we are WELL within the law."
                    Check out my cosplay social group!
                    http://customerssuck.com/board/group.php?groupid=18

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                    • #11
                      Well in the UK the law states that stores are only obliged to give refunds if the product is faulty "within a reasonable time" or is not "fit for purpose" - generally 30 days. After that (the next 11 months), whilst the store still holds responsibility, they can refer you to the manufacturers or replace the item with an equivalent *cough* refurb *cough* .

                      No store is obligated to swap or refund for anything but defective products, and for some items certain functions are exempt as they're considered reasonable wear and tear (X buttons on PS2 controllers f'rinstance or the old toast rack mousemats + ball mice)
                      Lady, people aren't chocolates. D'you know what they are mostly? Bastards. Bastard-coated bastards with bastard filling. Dr Cox - Scrubs

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                      • #12
                        My wife and I had a hotdog stand at one time. I had an asshat argue with me one day, after he had pulled a typical asshat stunt, and I told him to leave, he would not get any food from us. He piped up that I HAD to serve him, it was illegal to turn him away. I informed him he had better talk to a lawyer. In the state of Arizona, whether there is a sign posted or not, a business owner has the absolute right to refuse service to anyone. A wise businessman will never state a reason. The businessman needs no reason, but if he states one, he opens himself to a lawsuit for discrimination or other reason. If he gives no reason, there is nothing the other party can claim. If I don't like your 11 inch spiked dayglow orange Mohawk, you don't get a hotdog, but I ain't gonna say anything about your haircut.
                        Last edited by Starlord; 07-16-2007, 10:24 PM. Reason: typos

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                        • #13
                          Quoth Naaman View Post
                          Well in the UK the law states that stores are only obliged to give refunds if the product is faulty "within a reasonable time" or is not "fit for purpose" - generally 30 days. After that (the next 11 months), whilst the store still holds responsibility, they can refer you to the manufacturers or replace the item with an equivalent *cough* refurb *cough* .

                          No store is obligated to swap or refund for anything but defective products, and for some items certain functions are exempt as they're considered reasonable wear and tear (X buttons on PS2 controllers f'rinstance or the old toast rack mousemats + ball mice)
                          This applies in the USA too.

                          All sales are final unless the item turns out to be defective. Then the customer can return it for refund/exchange.

                          The idea is, all merchandise comes with an implied warranty that it is supposed to work as promised/advertised. Just how long the implied warranty is good for is somethign I don't know, however.

                          An "as-is" sale means the store is selling merchandise it knows is damaged/worn and that by buying it, the customer is acknowledging (and accepting) that the you-can-return-it-if-it's-defective rule does not apply. Buy it and you own it. No exchanges, no refunds.

                          In practice, as we all know, stores take back pretty much anything at anytime for any reason. Or for no reason at all. But that's only because retailing is so competitive. And big retailers usually just deduct the costs of returns from what they pay their manufacturers and distributors.

                          Which makes it easy for them to be so easygoing with customers who regard paying for merchandise as nothing more than leaving a deposit on items they're borrowing and returning.

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                          • #14
                            Quoth Starlord View Post
                            My wife and I had a hotdog stand at one time. I had an asshat argue with me one day, after he had pulled a typical asshat stunt, and I told him to leave, he would not get any food from us. He piped up that I HAD to serve him, it was illegal to turn him away. I informed him he had better talk to a lawyer. In the state of Arizona, whether there is a sign posted or not, a business owner has the absolute right to refuse service to anyone. A wise businessman will never state a reason. The businessman needs no reason, but if he states one, he opens himself to a lawsuit for discrimination or other reason. If he gives no reason, there is nothing the other party can claim. If I don't like your 11 inch spiked dayglow orange Mohawk, you don't get a hotdog, but I ain't gonna say anything about your haircut.
                            Short of denying service to someone on account of race or ethnicity, stores are free not to sell to anyone they don't want.

                            It's most obvious when you try to get into bar or club where the doorman looks you up and down before deciding to let you in. Or not.

                            Good-looking babes -- come this way, ladies.

                            Men in expensive clothes who look like they can afford to buy lots of drinks for hot babes -- step right up, gentleman.

                            Dorky guys in khakis and polo shirts -- sorry, fellas, but it's a little crowded right now and the fire marshall told us to hold off letting more people in.

                            And if the dorky guys start arguing, the doorman will claim he refused them entry because they were drunk and belligerant.

                            Comment


                            • #15
                              Written Contracts only

                              Quoth rerant View Post
                              Mostly I wanted to research it because of how he said it. His audacity and brazen assholery pissed me off so much that it frustrated me for the rest of the day and I just wanted to know so I could say to myself that he was wrong.
                              Trivial, I know.
                              One, I am sure that only applies to written and op-out contracts. Op-out contracts are illegal in Ontario, you have to choose to op-in.

                              Second, if he is so sure it is the law demand for him to give you a reference to it.

                              It is amazing the number of people who tell me I have to do something a certain way, who vanish never to return when I demand references. And if they do come back, I again demand a reference. No references and I do as I see fit. And that even includes my boss's boss who now seems to avoid me because I demand he back up his claims. He does not seem use to having to do that.

                              PS. Since I presently work in the food industry, I refuse to do anything that may harm customers, I know who will be hang out to dry in that case.

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