COMPULSORY REFUND?

Roger-Luc Chayer

Many consumers believe that, as a general rule, in Quebec, merchants are required to reimburse customers for purchases within the first ten days or within thirty days. Unfortunately, this is not the case and nothing in the laws requires a merchant to exchange or refund a customer who has changed their mind.

Let me tell you about a reader’s experience with a well-known Montreal mattress store. One morning, Michel decides to go buy a new mattress and he orders one, in person, in this business in the Plateau-Mont-Royal. Feeling a little squeezed like a lemon by the salesperson, he makes a quick decision, pays in cash and is promised the mattress for the next week.

The next morning, after reflecting on the behavior of the seller from the day before and the fact that he was not satisfied with the quality of the mattress and its price, he contacted the store to cancel his order. The saleswoman then replies that she cannot cancel the purchase. Michel, whom I have known for a long time, decides to contact me to tell me about his purchase. Curious to find out that the business refused to cancel his order and refund him, I decided to contact the business by phone myself. The person, surprised at my call, confirms to me that Michel can simply show up in person and cancel his order, which he does 30 minutes later in my presence.

The saleswoman makes a cancellation request and a refund request for Michel, the mattress did not leave the warehouse anyway, she gives a written copy of the email she sent to the head office and she us says the refund will come in a few days by check.

Most Quebecers believe that merchants are required to cancel a sale after the transaction has taken place, if the customer changes their mind. It’s wrong. The Office de la protection du consommateur du Québec, which is the government agency responsible for the application of commercial laws, says on its website: « The law does not oblige a merchant to take back a good after a purchase if the consumer no longer wants this good. Merchants are free to decide whether or not to have a return, exchange, or refund policy. However, if they have one, they are obligated to respect it. « 

Verification made with the business where Michel bought his mattress, there is indeed a return and refund policy that says: « You can return or exchange an item for a refund within 30 days of delivery or within 30 days of in-store purchase, provided the merchandise has not been opened or used, is in its original packaging and condition, and you present the original sales receipt. « 

Michel is therefore guaranteed to receive his refund, even if the business has not yet responded to his request for a week. In any case, it is important, before making a purchase, to know the exchange, return and refund policy of the businesses you want to visit, because in the absence of such a policy, the law is on the side of the trader and that’s full stop.

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