Can i sue CT?

[rifathn]

Hi all,

I bought one of the toolkits from CT and was not satisfied as the tools were not picking the thread properly. 15 days later i went to return but CT refuse to refund the money. They said that since its been used they cannot give a full refund. Can i sue them?

 

[lawguy]

Hi all,

I bought one of the toolkits from CT and was not satisfied as the tools were not picking the thread properly. 15 days later i went to return but CT refuse to refund the money. They said that since its been used they cannot give a full refund. Can i sue them?

Ummm no. You didn't do your research and now want your money back. The best you should ask for is a repair warranty and not a refund as you're not entitled to one. Regardless of what anyone else says.

 

[Guest-0460]

I bought one of the toolkits from CT and was not satisfied as the tools were not picking the thread properly. 15 days later i went to return but CT refuse to refund the money. They said that since its been used they cannot give a full refund. Can i sue them?

Anybody who wants to can sue anyone for anything. If you live in a province with strong Consumer Protection legislation, and the product has a clear manufacturer´s defect, then you have a good basis to sue. Contact your provincial Consumer´s Ministry for detailed advice.

The real questions are 1) are you likely to win a lawsuit, and 2) would it be worthwhile to try.

There is a cost to filing a lawsuit, so unless the toolkit was expensive, it´s probably not worth bothering. Do what you can within the stupid store policies. If that doesn´t work, you can threaten to sue, and maybe they will back down.

Despite the legislation, many items CT sells have a no-refund policy, even though they are not clearance items. This means that store may try to get out of giving you a refund, and instead only exchange it, or send it out to be repaired. You can get an idea of the policy by checking their web sites, but the only ways to know for sure is to call their 1-800 number, or check with Customer Service in the store. Even then, you may get different answers.

You may have to just take it as a life lesson that CT sucks and not to shop there for anything that might possibly be defective.

Finally, some customers have decided to return the item as just unwanted, without letting the store know that it was defective. Ironically, the stores are happier taking something back if they think they can resell it, because they might lose money if the item is defective. The store you bought it from might be harder to deal with, and another store nearby might be more lenient.

Or, you can listen to the lawguy person, blame yourself, and just give up. However, if you read lawguy´s posts, it´s obvious they know very little about the law, and even less about CT´s policies. However anyone who wants to can sign their post as being from lawguy, so you never know who you are hearing from.

 

[Angry CT Guy]

Anybody who wants to can sue anyone for anything. If you live in a province with strong Consumer Protection legislation, and the product has a clear manufacturer´s defect, then you have a good basis to sue. Contact your provincial Consumer´s Ministry for detailed advice.

The real questions are 1) are you likely to win a lawsuit, and 2) would it be worthwhile to try.

There is a cost to filing a lawsuit, so unless the toolkit was expensive, it´s probably not worth bothering. Do what you can within the stupid store policies. If that doesn´t work, you can threaten to sue, and maybe they will back down.

Despite the legislation, many items CT sells have a no-refund policy, even though they are not clearance items. This means that store may try to get out of giving you a refund, and instead only exchange it, or send it out to be repaired. You can get an idea of the policy by checking their web sites, but the only ways to know for sure is to call their 1-800 number, or check with Customer Service in the store. Even then, you may get different answers.

You may have to just take it as a life lesson that CT sucks and not to shop there for anything that might possibly be defective.

Finally, some customers have decided to return the item as just unwanted, without letting the store know that it was defective. Ironically, the stores are happier taking something back if they think they can resell it, because they might lose money if the item is defective. The store you bought it from might be harder to deal with, and another store nearby might be more lenient.

Or, you can listen to the lawguy person, blame yourself, and just give up. However, if you read lawguy´s posts, it´s obvious they know very little about the law, and even less about CT´s policies. However anyone who wants to can sign their post as being from lawguy, so you never know who you are hearing from.

I've seen a few times where there is a question as to whether a store could lose money on a defective item. To clear that up, there is virtually no defective product that would cause a store to lose money. That should never enter into their decision (From the posts on here, it clearly has) but my opinion is that has to do more with training than reality.
Not sure if this poster has a defective item, or if he/she just doesn't like the job it does, or if the wrong tool was bought for the job. A little clarification and I can probably help with a resolution.

 

[Guest-0461]

Fact of the matter is depending on how much you paid its not not worth it legal fees much greater. unless you go small claims and represent yourself it would make them look like idiots.
Fact is Canadian Tire has a strong ad and Marketing and we buy into the price cuts etc. but we should be researching the products before buying i just got burned with a $400 BBQ which fell apart rusted inside out. Company that makes it for exclusively for canadian tire but when something is wrong they Canadian tire tell you to call BBQ join this case master chef bbq also known as winners or centro see what i mean good luck and if the product is no good they just discontinue it and say we no longer have that product what a joke. Best advise ever buy a product that more than one store carries it and compare prices then and ask questions galore.

 

[CT ROCKS!]

No...do you think you can win?? Why did you just not want to exchange the product? So many people buy tools then get their job done and want to return it after it's done. How do they know that's not what you did? I mean if I had something defective then I would go back to the store and get an exchange.

 

[CT Challenger]

No...do you think you can win?? Why did you just not want to exchange the product? So many people buy tools then get their job done and want to return it after it's done. How do they know that's not what you did? I mean if I had something defective then I would go back to the store and get an exchange.

An blatant attempt by a CT Owner/Liar to talk their way out of a lawsuit, or at least the expense the store would incur for providing a refund.

The earlier poster was right: contact the Ministry for details.

 

[CT ROCKS!]

Office of Consumer Affairs (OCA) - Common consumer questions

Why don't you check out this website that explains how every seller has their own return policy.
The CT hater's on this website obviously do not work in retail...otherwise they would understand the rules!! And it clearly states on the back of the receipt that if a product is defective (like his tools) then the manufactures warranty will apply....
And you will get a full refund within 90 days IF it's never been used or opened! Oh and make sure to keep your receipt

 

[Angry CT Guy]

Gee, Industry Canada...I think that would qualify as a credible source....but wait, I'm sure it's outdated or maybe they are all "liars"....Hilarious!

Faker advocate won't like this link one bit...lol.

 

[DavidLeR]

Office of Consumer Affairs (OCA) - Common consumer questions

Why don't you check out this website that explains how every seller has their own return policy.

Congratulations on finding the Industry Canada web site. I'm sure you are righfully proud of your discovery.

Although this site has already been discussed, sometimes good to have a review for benefit of any new people here.

The most important thing to note is that this site covers federal laws (i.e., common to all of Canada), and not provincial laws (say, Alberta or Ontario). You seem to have missed it, but the site mentions this specifically. More than once, in fact:

"Your provincial or territorial consumer affairs office may have legislation that gives you the right to return specific products or cancel contracts. Contact them for more information."

"Some provincial and territorial legislation states that implied warranties apply to every sales contract (unless the seller and buyer both lawfully agree that the warranty does not apply). The implied warranty normally states that the goods be of "merchantable quality" and fit for the purpose for which they were sold."
​

So, if you want to know ALL the laws for a particular province (i.e. both the general federal laws, and the specific provincial laws), you'll need to look into the other legislation, too. Typically, that's a "Sale of Goods Act" and a "Consumer Protection Act".

Let us know if you need help finding those.

The CT hater's on this website obviously do not work in retail...otherwise they would understand the rules!!

This might seem like a minor point from your side of the Returns desk, but for a consumer, the "rules" that a store might try to impose on a customer (such as a "repair ony" policy) are only a secondary issue. The main issue is the laws that govern these transactions. It's actually a big difference, if you do some research on it.

and it clearly states on the back of the receipt that if a product is defective (like his tools) then the manufactures warranty will apply....

Unfortunately for CT, the laws in Ontario clearly say that this is not the case. Have a look at the links in the Sale of Goods Act and the Repair Only Warranty thread for some expert opinions on these topics.

Thanks for contributing, though!