A Quebec Superior Court ruling has confirmed a province’s right to intervene in matters of contractual relations involving consumer protection. The provisions in the legislation target not only cellphone companies, but other industries such as internet providers and phone companies
Under the Quebec Bill 60
“If a supplier offers his cell phone service online, by telephone or through an advertisement received by mail, the law requires that he supply you with a detailed description of his offer, which must contain the following information:
- supplier’s name, address, telephone number, fax number and e-mail address;
- detailed description of the service offered;
- total amount payable, including cost of service, related fees and taxes;
- description of potential additional costs, i.e. customs tariffs, broker’s fees, other fees such as cell phone delivery, etc.;
- transaction currency (Euro, USF, etc.);
- if applicable, delivery date, means, time and carrier’s name (e.g. for cell phone delivery);
- in-house policies for cancellation, merchandise returns, exchanges or refunds.
This information must be clearly visible on the supplier’s website or, if the transaction occurred by telephone, it must be given to you verbally. The information given by the supplier must be easy to understand in order to allow you to accept or refuse the offer made before concluding the transaction.
Transmission of written contract
The supplier has 15 days to send the written contract. It must be presented so that you can keep and print a copy. This way, you can check to ensure that the contract’s content corresponds to the supplier’s offer.
The law allows you to cancel a package when the supplier fails to respect one or more of his obligations:
You are legally entitled to cancel your contract any time before it is executed if:
- the supplier did not give you the compulsory information;
- the contract does not respect legal requirements.
- The supplier is guilty of false, misleading advertisement
Contract cancellation procedure
You must send a notice of cancellation to the supplier. The law requires no specific model for the notice of cancellation or particular means of transmitting it. The cancellation takes effect the date the notice is transmitted
- The supplier must refund your money within 15 days of the date the notice was sent. “