Ecommerce Disclosure Requirements
EXCLUSIONS: Quebec, gift cards, services, trade-in allowances, leasing/credit products
a. Disclosure Prior to Entering Into Agreement – Supplier must ensure that the following information is disclosed to consumers prior to completing the transaction for purchase of products (the “Terms of Purchase”):
- Full name and, if different, the name under which the supplier carries on business
- Telephone number and address of the premises from which supplier conducts business
- Information regarding other ways of contacting supplier, if any (such as fax number or email address)
- A fair, accurate and detailed description of the goods proposed to be supplied to the consumer (including characteristics, technical requirements or system specifications, if any, related to the use of the goods)
- An itemized list of the prices at which the goods are proposed to be supplied to the consumer, including associated costs, taxes and shipping charges
- A description of each additional charge that applies or may apply, such as insurance, customs duties or brokerage fees, and the amount of the charge if supplier can reasonably determine it
- The total amount payable under the contract and the currency in which it is payable, including any additional charges that may apply, and, if applicable, the amount of any instalments and the rate applicable to the use of an incidental good or service. If the goods are supplied during an indefinite period, the amount and frequency of periodic payments.
- The terms and methods of payment and, if applicable, any other terms and conditions of payment not otherwise stated in the Terms of Purchase
- The date(s) on which delivery would occur
With respect to product delivery:
- the place to which they would be delivered
- if supplier holds out a specific manner of delivery and intends to charge the consumer for delivery, the manner in which the goods would be delivered, including the name of the carrier, if any; and the method of transportation that would be used
- The rights, if any, that supplier agrees the consumer will have in addition to any statutory rights in relation to cancellation, returns, exchanges and refunds
- The obligations, if any, by which supplier agrees to be bound in addition to the statutory obligations in relation to cancellation, returns, exchanges and refunds
- Details of any warranties or guarantees that apply to the agreement
- Any other restrictions or conditions that supplier would apply, including geographic limitations for the sale or delivery of the goods
- For indefinite/ periodic supply of goods, a term that provides for periodic supply without further solicitation. (Note: Material changes to the periodic goods need to be re-disclosed for consent. A material change is a change that could reasonably be expected to influence a reasonable person’s decision as to whether to enter into the agreement for the supply. The supplier is responsible for proving consent.)
- Supplier’s policies and arrangements for the protection of the purchaser’s financial and personal information
- Any other restrictions, limitations and conditions that would be imposed by supplier
Failure to disclose this information will entitle the consumer to cancel the purchase.
b. Manner of Disclosure:
Disclosure of the information required under section (a) above must be clear, comprehensible and prominent (for example, a link or a small window will not suffice). The disclosure must be accessible and available in a manner that ensures that the consumer has accessed the information (for example, by forcing users to scroll down) and the consumer is able to easily retain (for example, saving or downloading) and print the information. The consumer must also have an express opportunity to accept or decline these terms and have an express opportunity to correct errors immediately before completing the purchase. Failure to comply with these requirements will entitle the consumer to cancel the agreement.
c. Delivery Requirement:
Along with the above disclosure requirements, Canadian consumer protection law requires that supplier deliver a copy of the internet agreement in writing or electronic form to the consumer within 15 days after the consumer enters into the agreement. The “internet agreement” will consist of:
- the information required to be disclosed during the purchase process in (a) above (theTerms of Purchase),
- the name and address of the consumer, and
- the date on which the agreement is entered into.
The information delivered to the consumer must be clear, comprehensible and prominent, and be delivered in a form in which it can be easily retained and printed by the consumer. Delivery can be made by sending the agreement to the email address that the consumer has given supplier for providing information relating to the agreement or by mail.
Failing to meet these agreement delivery or content requirements will entitle the consumer to cancel the agreement.
d. Cancellation Rights:
Failure to meet any of the above disclosure and delivery requirements will entitle the consumer to cancel the agreement.
Consumers also have various additional cancellation rights which vary from province to province (e.g. the right to cancel the agreement at any time before delivery if the supplier does not deliver the goods within 30 days). We would be happy to provide you with further information on any cancellation rights, and the effects of cancellation, upon request.