Jobmate

Angry/CT-Me/Lawguy/Owner wrote, "We stand behind what we sell"

That must be some weird definition of "stand behind", that only makes sense if you own a store!

I guess they mean "stand behind the customer when they leave, so that they can't get back in to demand a refund"!

Most consumers and other retailers define "standing behind" products as providing a refund if there's a problem. Even the big sign at the Crappy Returns Desk says, "Easy Return, Keep Your Receipt".

But if a product on the Crappy Tire shelf turns out to be defective, consumers can be caught up in the "exchange only" policy, that the store tries to use as an excuse to deny a refund. Definitely not "standing behind what we sell" as consumers have said many times.

If the product is designed improperly, and just can't do the job it's supposed to do, what's the point of an exchange for an identical item that won't work any better than the first one? What about products that are not durable, where the replacement will just fail, too, after a short time? No, only a refund will count as "standing behind" it.

Worse still is the "repair only" policy, which means no refund, and not even an exchange. All the store will do is help you get it shipped off for repair. Definitely NOT standing behind it, according to consumers and other retailers. Customers are understandably outraged at being denied a working product. Seems to be OK with the Crappy People though - I guess they prefer keeping your money, over 'standing behind what they sell'.

Finally, there are the products that have "no warranty", according to the Crappy Tire web site. Crappy will deny even a repair on these items. Don't even bother bringing it back to the store: you bought it, so now you own it. How in the world is that "standing behind" it?

Then Angry/CT-Me/Lawguy/Owner wrote, "100% legal"

In most provinces and territories, consumers are entitled to a refund for product that are defective or have been misrepresented.

Check this out: Sale of Goods Act

The law says "refund", but the policy says "no refund". Make no mistake, this policy is against the law.

And I remember reading some place that "against the law, is illegal".

Originally Posted by CT Challenger

Oh oh! Is Angry/CTMe/LawGuy/Owner going to post another zillion links to warranty stastements like I read on those earlier threads?"

No, instead they are going to mis-quote and mis-represent the return policies of all the Major Canadian retailers, starting with the policies for on-line purchases through the Home Depot web store.

Starting, of course, with merchandise Crappy Tire doesn't even offer on-line.

OK, chipping through the backlog.

ACLO wrote, “Your assumption is that we must refund money when a customer is unhappy, and that unfortunately for you is not correct”.

I made no such assumption - that’s just one more thing you've made up.

But in all but one case, it is actually quite correct.

For instance, when an item is defective, the customer is absolutely entitled to a refund. Obviously, the customer may be understandably “unhappy”, but only because it’s defective!

For more on this see Sale of Goods Act

Also, when a product was misrepresented (not new, doesn’t function as described, isn’t suitable, etc.), the customer may well be “unhappy”. But that’s not why they are entitled to a refund. It’s because of the law (previous link).

But, as discussed in an earlier post, if the product is not defective, and was not misrepresented, but the customer decided they no longer like the colour, or the look of it, etc. , then the customer is not legally entitled to a refund. But the major stores all have some kind of 'satisfaction guarantee'. Well, all but Crappy Tire, who add lots of last-minute rules - a nasty surprise to many customers.

Our misinformed/deceptive friend ACLO wrote:

“If our stated warranty is for an exchange only, then that's what happens. That is 100% legal.”

So many things wrong, in just one line!

First of all, it's all about return policies, and nothing to do with warranties (as per usual - ACLO gets so confused!).

Unlike all the other major stores, Crappy Tire has a policy on some items that says the store only has to provide an exchange, and not a refund.

But the policies of the store do not trump the law, which is discussed here: Sale of Goods Act

Despite what the stated policy might be, for a defective or misrepresented item, the customer is legally entitled to a refund.

Sorry!

ACLO wrote:

“Just because a product fails, does not mean it does not meet the standards of "implied durability".

A product that fails prematurely, by definition, has not met the standard of “implied durability”. This is covered by the Sale of Goods Act. The customer is entitled to a refund.

The law is discussed here: Sale of Goods Act

However, if a product functions for the entirety of its expected lifetime, then it has met the standard for implied durability, even if it fails after that time.

ACLO wrote:

“I was working on a friends cottage and had to buy a pair of pruners from TSC Stores. They failed quickly... should i have sued?”

Rather than immediately suing the store that sold them, you might consider going to the store and asking for a refund or (if you prefer) an exchange for a pair that works.

Since the second pair is likely to fail just as soon as the first pair, I’d personally recommend that you opt for the refund (remember to say, "thank you for following the law, TSC!"), then shopping for a pair that are better able to meet their implied durability.

And if the store gives you a hard time, I’d recommend treating them the way you should treat Crappy Tire: don’t do business with them any more – lots of retailers out there who stand behind what they sell.

If Angry CT Me Liar Guy Owner wants to sue somebody, he might want to duplicate the success this customer had when they sued over a treadmill:

I SUED CANADIAN TIRE AND I HAD MY MONEY BACK - 3516 8th ave NE Calgary

What is it about Calgary? Why so many problems there??

Here, this might help, too:

"Repair Only Warranty" - No Refund, No Exchange

So Angry-CT-Me-Law-Guy-Owner managed to stumble their way to the Home Depot web site.

(I assume they needed both hands and a flash-light.)

And, guess what!!!

ACLO managed to find some items that HD sells that AREN’T RETURNABLE!

Oh My F’ing GOD!!!

What a SCANDAL!!!!

Home Depot must, like, totally SUCK!

Maybe even worse than CRAPPY TIRE!!!

Oops …. wait a second.

Most of those rules apply to “Items Purchased Online”, and NOT for “Items Purchased in Our Stores”

And these are ALL items Crappy Tire doesn’t even SELL ONLINE!

False alarm! Sorry, folks.

But wait! What about the other stuff?

Custom orders, gift cards and samples and tinted paint …. surely Home Depot must be evil and suck much more than Crappy Tirefor having THOSE polices, right?

Oh … wait …. Crappy Tire has the same Crappy Policies for all those items.

Sorry again ….

And I couldn’t help but notice a typical mis-quote on the part of ACLO. The HD policy for on-line purchases is for “Major Appliances”, not just “Appliances”. I’m sure it was just an innocent mistake, LOL!

And how does the HD on-line policy compare to the Crappy Policy for in-store purchases? They are the same! Crappy says, “No Refunds” if you bought it in the store.

Thanks for reminding us, ACLO!

So, doesn’t Home Depot have at least ONE policy that’s worse than Crappy Tire?

Well, in a few cases, HD has the same policies as every other retailer, including Crappy Tire.

But in every every other case, Crappy Tire has much worse policies than HD.

And worse policies than all the other major retailers, too!

Sorry, Crappy People!

Once again, all you've manged to prove is .... Canadian Tire Sucks!

Nice Job, ACLO!

Well Done!

Another thread that might be useful in ACLO's persuit of justice over defective products:

Need Information On Filing A Lawsuit Against Canadian Tire

You're very welcome!