complies with the 10 privacy principles under the Personal
Information Protection and Electronic Documents Act:
accountability; identifying the purpose; consent; limiting
collection; limiting use, disclosure and retention; accuracy;
safeguards; openness; individual access and challenging
Immediately notify consumers of any privacy
breach. If there is a breach of privacy legislation,
notify the individual who provided the information and the Privacy
Commissioner of Canada immediately. Notification must be clear and
should include enough information about the data breach so that the
person that provided the personal information understands what has
Remember that the rules for electronic commerce are
similar to the rules for other contracts. When entering
into an electronic contract, ensure that the terms and conditions
are clear and accurate; ensure that acceptance of the contract is
explicitly communicated by the consumer; and ensure that monetary
or other consideration is provided.
Comply with the consumer protection legislation
requirements. Provide the consumer with your information
(including your name, business address, phone number, e-mail
address and an accurate description of the goods and/or services
being sold) and a copy of the online contact by e-mail, fax or mail
at the address provided by the consumer.
Consider the consequences relating to breaches of
consumer protection legislation. If you fail to disclose
the above information to a consumer, and fail to give the consumer
the ability to retain and print that information, the consumer may
cancel the contract. Moreover, a consumer is entitled to cancel a
contract if you do not provide the consumer with an opportunity to
correct errors before the formation of the contract and to
expressly consent to the contract.
Ensure you provide a refund as required under consumer
protection legislation. Youmust refund all money within 15
days of cancellation of a contract by a consumer. A consumer must
then return goods, unused, within 15 days of cancellation or
delivery, whichever is later. Upon return, you must accept the
goods and refund the reasonable costs of the return. You should
note that time periods and conditions relating to the right of
cancellation vary across Canada.
Create Terms and Conditions and post them on your
website. When creating your terms and conditions, consider
the following: outline that the consumer is bound by the terms and
conditions; use click-wrap agreements, if possible, to bind
consumers; post amendments to the terms and conditions online and
bring these amendments to the attention of the consumer; address
shipment and delivery costs in your terms and conditions; and link
the terms and conditions to the return policy.
Create a Return Policy if returns are
permitted. While returns and exchanges are not mandatory
under Canadian law, many retailers set up voluntary policies that
allow consumers to return or exchange items. Even though there is
no legal requirement to publish these policies, most retailers find
it in the best interests of consumers to make them aware of the
terms. If this policy is provided, however, a legal obligation for
the company is created. The retailer should then provide all of the
information regarding returns and refunds in one location and make
the information clear and easy for the consumer to navigate. The
retailer should also have a return form that is accessible from the
return policy and vice versa.
Comply with the French Language Requirements for
Websites. A company which does not have its head office in
Quebec, or place of business or address in Quebec, cannot be
compelled under Quebec laws to use French on its website. Moreover,
in the case of advertisements posted on the website of a company, a
French version must only be provided where a company is located in
Quebec or where products are available in Quebec. However, most
retailers operating a website thorough which they sell goods to
Canadian consumers, give consumers the option of viewing the
website in English or French.
Remember there are many other rules in Canada relating
to online sales. Retailers should note that there are also
rules surrounding gift certificates, gift cards, sale of vintage
clothes, final sales and the use of user generated content on a
website. For more information in relation to these topics or
anything above, please contact a member of the Fashion Industry
Practice Group at Cassels Brock.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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Software license agreements generally require the customer to pay fees for the software license and related services, which fees are usually based upon the duration of the license and the manner in which the customer is allowed to use the software, together with applicable taxes and withholdings.
In less than nine months, on July 1, 2017, persons affected by a contravention of Canada's anti-spam legislation will be able to invoke a private right of action to sue for compensation and potentially substantial statutory damages.
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