Online, telephone, and mail-order shopping
There are several ways to shop without going to a store or having a salesperson come to your home. The most common of these are online, telephone, and mail-order shopping.
Ontario’s Consumer Protection Act has rules that sellers must follow for these types of shopping, if:
- the total charges are more than $50, and
- you or the seller are in Ontario when you place your order.
This resource explains your legal rights when you shop online, by phone, or by mail, and how you can enforce those rights.
What are my rights before I decide to buy?
Before you order something online, by phone, or by mail, the law says the seller must give you certain information, including:
- the seller’s name, telephone number, and address
- an accurate description of the goods or services you are buying
- the price of each item, as well as shipping costs, handling costs, and taxes
- all other charges that you might have to pay, like customs duties or brokerage fees, and the amount of these charges if the seller knows or can find out what they will be
- the total of all charges you must pay, when and how you must pay, and what currency the charges are listed in if it is not Canadian dollars
- when and where the goods will be delivered, or when the services will start, how they will be done, and when they will be completed
- an explanation of any additional rights to cancel, return, exchange, or get a refund
When you place an order, you are making a contract or an agreement with the seller. The seller must give you a chance to accept or not accept the agreement, and to correct any errors first.
If the seller does not do all of these things, you can cancel your purchase any time up until 7 days after you receive a written copy of the agreement.
Do I have to get it in writing?
Yes, the seller must put the agreement in writing, and it must contain all the information listed above, plus your name and the date the agreement was made.
For online shopping, the seller must give you a copy of the agreement that you can see, save, and print out on paper. You must receive your copy within 15 days after you made the agreement. If you do not get it within this time, or if it does not contain all the required information, you can cancel it anytime up to 30 days after you made the agreement.
For telephone and mail-order shopping, the seller must give you a copy of the agreement within 30 days after they bill you, or within 60 days after you made the agreement, whichever date is earlier. If you do not get it within this time, or if it does not contain all the required information, you can cancel it anytime up to one year after you made the agreement.
What if I was misled or pressured into making the agreement?
Sellers are not allowed to use “unfair practices” to convince you to buy their product or service. Unfair practices include making false, misleading, or deceptive statements. For example, sellers must not:
- tell you that the product is of better quality than it really is,
- tell you that it is only available for a limited time if that is not true,
- tell you that you need the product when you really don’t, or
- tell you that you are getting a special price or benefit when they are really offering the same thing that you can get somewhere else.
Unfair practices also include:
- taking advantage of any language difficulty or physical, mental, or emotional disability that you may have,
- charging far more than what is reasonable for their product or service, or
- pressuring you to buy something that they know you cannot afford.
If the seller used any unfair practice, you can cancel at any time within one year after you made the agreement.
What if I have not received what I ordered?
If the seller is more than 30 days late in starting to deliver the goods or perform the services, you can cancel any time. But you lose this right to cancel if you agree to let the seller deliver late or start the service late.
How do I cancel an agreement?
If you want to cancel for any of the reasons described in this resource, first figure out the date you have to cancel by.
| Reason | Deadline to cancel |
|---|---|
| The seller did not give me all of the necessary information before I placed the order. | 7 days after you receive a copy of the agreement |
| I did not have a chance to accept or not accept the agreement. | 7 days after you receive a copy of the agreement |
| I did not have a chance to correct errors before making the agreement. | 7 days after you receive a copy of the agreement |
| I did not get a copy of the agreement within the time limit. | Phone and mail: One year after you made the agreementInternet: 30 days after you made the agreement |
| The agreement does not include all of the required information. | Phone and mail: One year after you made the agreementInternet: 30 days after you made the agreement |
| The seller used an unfair practice. | One year after you made the agreement |
| The seller is more than 30 days late with delivering my order or starting the services. | No deadline as long as you have not agreed to accept late delivery or late start |
Before the deadline passes, you must tell the seller that you are cancelling the agreement. It is a good idea to tell them in writing. There are sample cancellation notices on the Ministry of Government and Consumer Services website at www.ontario.ca/mcs.
You should keep a copy of the notice for yourself. Make a note of the date that you mailed, emailed, or personally delivered the notice to the seller.
Once the seller gets your cancellation notice, they have 15 days to refund all payments that you made.
If you have already received the items you ordered, you must return them within 15 days after you cancel the agreement.
What can I do if I have a problem with a seller?
If you have a problem that you are not able to work out with a seller, you can file a complaint with the Ministry of Government and Consumer Services. There is a complaint form on the Ministry website.
The Ministry can look into complaints and can order the seller to follow the rules. The Ministry can also take the seller to court for violating the Consumer Protection Act. If the seller is found guilty, they can get a warning, a fine, or even be sent to jail, and they may be ordered to pay some money to you.
To contact the Ministry of Government and Consumer Services:
Toll-free 1-800-889-9768
Toronto area 416-326-8800
TTY Toll-free 1-877-666-6545
TTY Toronto area 416-229-6086
Fax 416-326-8665
Website www.ontario.ca/mcs
Email consumer@ontario.ca
Mailing Address:
Ministry of Government and Consumer Services
Consumer Services Operations Division
77 Wellesley Street West, P.O. Box 450
Toronto, ON M7A 2J6
For more help
If the Ministry of Government and Consumer Services does not solve your problem, or if you are past the time limit to cancel the agreement, you may want to get legal help. Here are some places to try.
Community legal clinics
Some community legal clinics or law school legal clinics can help you with consumer law problems. You must be financially eligible to receive these services. If your clinic cannot help, they might be able to refer you to other services in your community.
To find the legal clinic that serves your area, visit the Legal Aid Ontario (LAO) website at www.legalaid.on.ca or call Legal Aid Ontario at:
Toll-free 1-800-668-8258
Toronto area 416-979-1446
Toll-free TTY 1-866-641-8867
Toronto area TTY 416-598-8867
Law Society Referral Service
The Law Society of Ontario has a directory of all lawyers and paralegals licensed in Ontario. The Law Society Referral Service can give you the name of a lawyer or paralegal in your area who can give you a free consultation for up to 30 minutes.
Visit the Law Society website at www.lso.ca and click on “Find a Lawyer or Paralegal”.
JusticeNet
JusticeNet is a nonprofit service that helps people who do not qualify for legal aid to find legal help. JusticeNet has a directory of lawyers, paralegals, and mediators who offer help at reduced rates to financially eligible people. Visit their website at www.justicenet.ca or contact them at:
Toll-free 1-866-919-3219
Toronto area 416-479-0552
Email info@justicenet.ca
Pro Bono Ontario
If you are suing or being sued in court, you may be able to get help from Law Help Ontario. This free program offers information about court rules and help with completing court forms. If you qualify, you may also be able to get brief legal advice or, if your case is in Toronto or Ottawa, a lawyer to represent you in court. For more information call 1-855-255-7256 or visit their website at www.probonoontario.org.
Other information
CLEO’s Steps to Justice website has step-by-step information about common legal problems, including consumer law. Visit www.stepstojustice.ca.