Sale of Goods Act

[DavidLeR]

Has anybody heard of this before?

I came across this on Ellen Roseman's "On Your Side" blog (here: Your right to a refund, credit or exchange | Ellen Roseman).

Apparently, "the Sale of Goods Act says that merchandise must be fit for the intended purpose".

Basically, if you buy something, then find out that it doesn't work right, you are entitled to a refund, regardless of their "policy" about returns. They shouldn't have sold it to you in the first place.

I did a little more digging, and found the act here: Ontario - Sale of Goods Act : http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90s01_e.htm.

It says (in part), "there is an implied condition that the goods will be of merchantable quality".

Regarding their policies: "An express warranty or condition does not negative a warranty or condition implied by this Act".

Plus, it's not just a case of "Sorry, we aren't responsible 'cause we aren't the manufacturer". The Act says, "whether the seller is the manufacturer or not".

Has anyone had experience with this?

It could be useful in dealing with Crappy Tire, who seem to be refusing returns, and trying to get out of taking back defective merchandise.

 

[CT Me / Lawguy]

Canada’s Office of Consumer Affairs - Common consumer questions

Trumped by the information in the link provided above.
Here's a copy and paste of the very first set of paragraphs.... this is directly from industry canada

Returns and Refunds
Don't count on always being able to return a product you've bought, whether it's from a store or the Internet. There is no law that says all sellers must take back an item. It may not matter that you don't like it, decided you can't afford it or found it cheaper somewhere else.

Every seller has a different return policy. Find out what the seller's policy is before you buy. The return policy is often stated on the back of the receipt and/or posted near the cash register; if not, get it in writing on the receipt. Note that these policies may change during promotions and for items that are on sale or are deemed to be "party wear."

Some stores will allow you to bring goods back but will set conditions. Examples are:

•No returns or exchanges allowed on personal goods such as pierced earrings or swimsuits
•Products may be exchanged but not returned for cash back
•Goods must be returned within a set number of days
•A credit note will be given instead of money returned
•Goods must be unused and still have all tags, packaging, etc
•You must have your sales receipt (although this is almost always required, some stores will refund or exchange without a receipt)
•A restocking fee may be charged

 

[DavidLeR]

Trumped by the information in the link provided above.
Here's a copy and paste of the very first set of paragraphs.... this is directly from industry canada

I'm aware of the rules you are quoting, but I don't think we are talking about the same circumstances.

There is no law that says all sellers must take back an item.

Well, I think there now is, and it's part of the Consumer Protection Act of 2002: the Sale Of Goods Act.

It may not matter that you don't like it, decided you can't afford it or found it cheaper somewhere else.

Excellent point.

And I agree, just because a customer changes their mind doesn't mean they can return something. That's been the case all along, and hasn't changed.

But I'm talking about the specific case of an item that is defective right out of the box, and fails to do what it is supposed to do. That's when the SOGA section I quoted comes in.

This could be a real shake-up for CT.

 

[DavidLeR]

Canada’s Office of Consumer Affairs - Common consumer questions

The link I posted describes an Ontario-specific law. It sounds like there are other, similar laws in other parts of Canada.

I see now that your link is for an overall Canada-wide law.

Does one "trump" the other? Actually, the Canada site at your link mentions the provincial laws, but under the "warranty" section.

And, it sounds like the provincial laws trump the Ontario law (at least for defective items):

"Some provincial and territorial legislation states that implied warranties apply to every sales contract ... The implied warranty normally states that the goods be of "merchantable quality" and fit for the purpose for which they were sold ...
For information on warranties, check with your provincial or territorial consumer affairs office for the provisions in your jurisdiction."

 

[CT Me / Lawguy]

http://www.servicealberta.gov.ab.ca/pdf/reality_choices/Shopping_for_Satisfaction.pdf
Alberta - note document updated May 2010
still the same rules - refunds, exchanges etc... are NOT law

Manitoba
http://www.gov.mb.ca/fs/cca/cpo/pdf/Warrantiesd_Guarantees.pdf

Nova Scotia
Service Nova Scotia - Consumer Information - Guarantees and Warranties

all the same wording. it does say retailers are bound to stand behind the products they sell, which may include repair by authorized agents.

There is no Canadian Law that states a consumer has the right to endless exchanges if the product fails. All suppliers of goods have the absolute right to select warranties as exchange or repair, the length, the terms etc...
Some cover parts only no labour. some all inclusive. some have varying terms for different parts of the product.

 

[DavidLeR]

http://www.servicealberta.gov.ab.ca/pdf/reality_choices/Shopping_for_Satisfaction.pdf
it does say retailers are bound to stand behind the products they sell ...

Awesome!

So much for the "we just stock the shelves" theory.

...which may include repair by authorized agents.

"May"?

Well, I'm still researching Ontario, but the BC branch of the Canadian Bar Association (see "http://www.cba.org/bc/public_media/credit/257.aspx") says:

"What should you do if you discover the goods you’ve bought are defective?
You should immediately return the goods to the seller. Request an exchange for replacement goods. If a replacement product isn’t available, ask for a refund."

So, at least in BC, it's "bye-bye, repair-only" warranty!

There is no Canadian Law that states a consumer has the right to endless exchanges if the product fails.

Agreed: no such national law.

However, there are provincial and territorial laws that say the consumer is entitled to an exchange or a refund. And, they don't give a maximum number of "kicks at the cat". (i.e, "Sorry, Mr. consumer, but we only have to give you 6 replacements, and then you are on your own").

All suppliers of goods have the absolute right to select warranties as exchange or repair, the length, the terms etc...

Really? Where do you see that? Is it in one of the links you provided? 'Cause I sure don't see it. Please advise.

Nope, I only see two options listed:

1) Replacement (with one that actually works, of course)
2) Refund.

Some cover parts only no labour. some all inclusive. some have varying terms for different parts of the product.

Well, maybe some of the "express" terms (in the written warranty) work this way.

But, this is the "implied" warranty, which can't be negated by the express one.

And no place in there did I see "only covers labour" etc.

Yes, siree. "There’s an implied condition that the product won’t have any defects if you buy it by description from someone who sells that type of goods."

Sounds like that man who unwisely bought a Simonize washer deserves either a) a working Simonize pressure washer (without having to deal with the manufacturer) or b) a full refund ....

.... "plus compensation for any extra expenses caused by the defective goods".

Bonus!

I sure hope that unfortunate man lives in BC. Or, that we can dig up the details for his province of residence.

 

[CT Me / Lawguy]

You are interpreting the provincial laws by your own terms.

No Provincial or Federal law dictates what exchange, refund or warranty can be/will be offered on a product. Retailers, wholesalers and manufacturers have 100% of the right to select their warranty terms. The only Laws related to the warranties are that if a consumer requests the written information, they are entitled to receive it.
I have always had a policy at my stores that a number of product lines get the printed handout right at the register when it's sold, to avoid any confusion. My team takes the warranty terms for bbq's, bicycles, mowers, pressure washers, generators and quads/atv's and dirt bikes and hands them to the customers at time of purchase. A warning pops up on the register screen to remind the cashiers to do so for the product lines.

Your quote from BC.... "what if i get a defective product............ reply: ask for a refund or exchange" partially correct but only a half truth. If the warranty policy for that product is 1 year, lets say a toaster, ice scraper or a hockey glove and is termed for a refund or exchange, it is granted (provided proof of purchase). If it as an example is a lawn mower or the (beat a dead horse) pressure washer then the warranty is to have it sent out for repair, then we have the absolute right NOT to refund the money but to send him to an authorized repair center. The repair warranties are most common on motorized goods eg. mowers, chainsaws, pressure washers, generators, dirt bikes, atv's.

Consumers absolutely have rights. They do have the right to a product to be as described eg. horsepower, size etc.... and they do have the right to know the warranty terms and to have them adhered to. Consumers DO NOT have the RIGHT to demand a refund or exchange on any product with or without proof of purchase. They do NOT have the RIGHT to forego a repair on a product with a repair warranty and get their money back. There are courtesy options and customer satisfaction options we use in extreme circumstances, but none of them are law.

 

[DavidLeR]

Hey, "CT Me".

(I see you are back to typing your name with a capital "C". It sure would make your life easier if you took the time to register on this site).

We seem to be in a loop:

1) I point out a section of the Act, complete with links.
2) You reply with basically, "no, it's not", but don't provide any evidence, links, etc.

This surprises me, because you've always been a big advocate of "true facts" and evidence.

But, as soon as you start losing the argument, you retreat to, "yes-it-is/no-it's-not".

You are interpreting the provincial laws by your own terms.

Um, no, I'm trying to interpret the laws correctly.

You, on the other hand, seem to be trying to ignore the Consumer Protecton laws of Canada, and to re-write them to suit your own self-interests (i.e. to increase that bank balance you bragged about, at the expense of consumers).

No Provincial or Federal law dictates what exchange, refund or warranty can be/will be offered on a product.

Yes, they can. And do!

Geez, you posted some of the links yourself, to consumer legislation that covers warranties!

Have you even read them???

Ok, maybe there's a subtle wording issue here: they can't dictate what "will be offered" (by the retailer). But they can (and do) dictate what the consumer is entitled to.

Retailers, wholesalers and manufacturers have 100% of the right to select their warranty terms.

Well, no they don't. There are the "implied" terms that can't be taken away. See my links.

The only Laws related to the warranties are that if a consumer requests the written information, they are entitled to receive it.

No, they aren't the only ones.

See my links!

Your quote from BC.... "what if i get a defective product............ reply: ask for a refund or exchange" partially correct but only a half truth.

Please provide some links to some laws or legal interpretations that elaborate on this other half that you claim exists. I sure didn't see it.

If it is a ... pressure washer then the warranty is to have it sent out for repair, then we have the absolute right NOT to refund the money but to send him to an authorized repair center.

No, according to the sites I provided, the customer has the absolute right to a refund or exchange.

Again, I've provided evidence; please do the same.

The repair warranties are most common on motorized goods eg. mowers, chainsaws, pressure washers, generators, dirt bikes, atv's.

And, appear to be illegal, in some provinces at least. Please provide some evidence!

Consumers DO NOT have the RIGHT to demand a refund or exchange on any product with or without proof of purchase.

Well, now you are resorting to SHOUTING with UPPER CASE!

And about something I NEVER WROTE!

The whole "proof of purchase" thing - where the heck did that come from?

Try to stay focused, ok?

They do NOT have the RIGHT to forego a repair on a product with a repair warranty and get their money back.

Yes, they do!

There are courtesy options and customer satisfaction options we use in extreme circumstances,

No, they're not!

but none of them are law.

Yes, they are!

(At least in some provinces).

---

Well, that was a fascinating exchange.

I now look forward to either:

1) Fact-based evidence to support your claims (and refute mine), or;

2) An admission that you are wrong, and that the consumer laws I've lead you to (kicking and screaming all the way) are correct.

But please: no more "no-it's-not" statements without any back-up. OK?

 

[CT Me / Lawguy]

I didn't make up the laws it's all there provided by the FACTS of the LINKS I PROVIDED. Accordingly Canadian Tire is WELL WITHIN THE LAW of refunds and respecting consumer protection. Our team of lawyers make sure of that. I doubt that you can be that sure of consumer laws. So if a few customers are too lazy to use the warranty supplied with those purchases that are defective then too bad so sad. This the new reality of retail and it's working. We have WRITTEN policies all over the store, in the front, in the back, at the cash register on your way out. If customers choose not to read it and still want to buy those products from us then they can't say they didn't know. It may take a bad product or two to educate them to read the fine print but it's the cost of their education. If we were that bad then we wouldn't be one of the greatest retailers in Canada and adding new stores every year. For too long retailers have shouldered the burden of bad products as your link to Ellenroseman have indicated. Since you have offered no more proof other than talk around issues then I consider this issue closed.

 

[DavidLeR]

This afternoon, I was on the ‘phone with the Ontario Ministry of Consumer Services.

If you have been caught in one of these “repair only” traps, their number is:

1-800-889-9768 (just press 0 to get the operator, and not listen to all 5 options).

They confirmed that the Ontario Consumer Protection Act and the Sale of Goods Act of 2002 apply to defective items, and that the "seller" (i.e., Canadian Tire) is obligated to provide either a working replacement, or a full refund.

See this link to the act: "Consumer Protection Act, 2002, S.O. 2002, c. 30, Sched. A" for specific wording.

Selling a defective item is covered under Part III, “Unfair Practices”. Specifically, it is a misrepresentation, because the store represents that the products have “performance characteristics “ and “benefits or qualities” that they do not have (section 14).

Section 18 states, “Any agreement, whether written, oral or implied, entered into by a consumer after or while a person has engaged in an unfair practice may be rescinded by the consumer and the consumer is entitled to any remedy that is available in law, including damages”.

Oh, and this idea that, “The store gets to decide the return policy”? Not true: “Nothing in this Act shall be interpreted to limit any right or remedy that a consumer may have in law” (Part II, Section 6).

So, it doesn't matter what wording their lawyers told them to put on their doors, walls, print on receipts, or post on their web pages.

No, Canadian Tire does not get to write their own laws for the Province of Ontario, nor for the country of Canada.

So, how do you get a replacement or your money back? (Part IX):

1 – Notify the store, preferably in writing, that you are exercising your rights under the CPA of 2002, based on misrepresentation.
2 – Give details of the defect, and your attempts to get a replacement or refund.

At that point, the seller (Canadian Tire) is obligated to “refund to the consumer any payment made”.

The really fun part? You have one, full calendar year to cancel the “arrangement” (i.e., the purchase). Not 7 days. Not 15 days. Not 30 days. A full 365 days.

Also, if the seller refuses a refund, you can go to your credit card company, and ask for a charge-back (see Section 5). Better to do this as soon as CT refuses your lawful request for a refund, though.

If all this doesn’t get you your money back, you can always start an “action”, probably in Small Claims court where you can represent yourself.

Finally, in Part XI, it says,

“Individuals violating certain sections of the act are liable to a fine of up to $50,000 or imprisonment of up to two years less one day. A corporation can be fined up to $250,000.”

I hope CT-Me’s account is as heavily padded as they claim.

 

[Guest-0276]

you had to use the big can of raid logic didn't you Dave. It'll be weeks before we see those pesky roaches

 

[CT Me / Lawguy]

Well if nothing else , we have the same idea to settle this DavidLer
I spoke with both Service Alberta & Saskatchewan Consumer Affairs. I explained who I was and the situation as follows;

"I am a retailer from Canadian Tire. My customer has purchased a pressure washer in the last 30 days. The item carries a 1 year documented repair warranty for defects. the customer is insisting that under consumer protection law, they have the right to demand a refund and bypass the repair warranty. Am I bound by any law or legislation that gives the customer this right or can i adhere to the repair policy and send them to the authorized repair depot?"

Both told me that the seller of the goods (me) has the right to determine any and all warranty policies for all goods sold as set by the Fair Trading Act. The lady at Service Alberta followed by stating the only right to such would be in the case of a safety recall, in which case the customer is entitled to a full refund or replacement.

In regards to retailers setting their own return policies (warranty or otherwise) you may be interested to read this timely bit of info, posted just this morning by the LCBO Attention shoppers: Hang on to those LCBO receipts - thestar.com
**********
The Liquor Control Board of Ontario has quietly changed its return policy so customers will require a receipt to get a refund or exchange a bottle.
As of Sept. 30, the provincially owned monopoly has decreed that retail customers have only 30 days from the date of purchase to get their money back or turn in unwanted products for something else.
In the event that a customer has lost or misplaced a receipt, the store manager could issue a gift card worth the amount of the bottle.
“This is a move to align us with other retailers that have similar policies,” the LCBO’s Steve Erwin said Monday.
************
Important to note that it states the LCBO has changed its policies. Not the Government, not a legislation change. This from a Provincially owned corporation. Again I reitterate.... individual companies have the absolute right to choose their policies for returns and warranties with no interference from Government

 

[DavidLeR]

Well if nothing else, we have the same idea to settle this DavidLer
I spoke with both Service Alberta & Saskatchewan Consumer Affairs.

"CT ME" and I were discussing BC and Ontario, but for some weird reason they posted links for:

- Alberta at "http://www.servicealberta.gov.ab.ca/...tisfaction.pdf". It looks like this site confirms what you wrote for Alberta.

- Manitoba at "http://www.gov.mb.ca/fs/cca/cpo/pdf/Warrantiesd_Guarantees.pdf", which seems to have a law similar to Ontario and BC., and might well make "repair only" warranties illegal.

- Nova Scotia at "Service Nova Scotia - Consumer Information - Guarantees and Warranties". To be honest, I haven't look at it closely.

Rearding Sask, I have no idea. (I used to live there. Liked it, but too flat!). If you say they have no such law, I'm willing to take your word for it. At least you are providing some actual evidence, and not just spouting nonsense.

In regards to retailers setting their own return policies (warranty or otherwise) you may be interested to read this timely bit of info, posted just this morning by the LCBO

I agree with you on unwanted goods, which is what the LCBO story is about. There doesn't seem to be any legislation on unwanted goods, so it's up to the seller to set their own policies.

But, be careful to compare apples to apples. The discussion has been about defective products, not unwanted ones. There is a big difference, legally.

Again I reitterate.... individual companies have the absolute right to choose their policies for returns and warranties with no interference from Government

And again I reiterate:

Some provinces (including BC and Ontario) have enacted legislation that, for defective goods, absolutely trumps any policies a seller may wish to set.

Please, have a look at the links I posted.

Hey, do you think you could try phoning BC, too, and let us know what they say?

I can check Quebec ...

 

[CT Me / Lawguy]

That was actually me that posted unregistered... my mistake. Which poses an interesting question... had you known it was me would you have taken my word for it? LOL

So I called into the Ontario branch to continue checking. Here is the clarification I received in regards to your post
I believe the confusion is coming in the terminology of Unfair Practices and Representation of product performance. (Since we like pressure washers i'm staying there) If a customer bought a 1750 PSI pressure washer with accessory a, b & c included in the box the item has to be as it is stated... a 1750 PSI washer with whatever functions are listed on the box. If the customer opens the box and it's a 1200PSI unit, or a toaster, then that is misrepresentation.
So if it's the right item... we continue.....
If after a month of use, or a day of use it begins to leak, they do not classify that as a misrepresentation of product. Pointing back to section 9 (reasonable quality of goods) he stated and i quote "there is no law or legislation that sets what remedy or course of action must be taken by the retailer to rectify the problem. The business has flexibility to determine the best course of action to remedy the problem. If the customer is unsatisfied with that plan, the option they have is to take the business to court" i typed it as he was speaking to me LOL
My last question to him and I quote was "is a warranty that states, repair of a defective item legal in Ontario" He said "Yes in Ontario it is absolutely legal"

In your last post you noted to check Quebec... it's not really an exercise i'd recommend diving into unless you've got lots of time. Quebec laws are vastly different. For example, a product warranty is transferrable from owner to owner. Not so in other Provinces.

By your own claim DavidLer you have said that you like to find holes in peoples logic and dive into them.....which is why you like this forum. I am the exact same way. You probably will not believe what i've stated here but I know without a doubt, 100% what rules i am bound by as a retailer. I have not researched or refreshed my memory ina few years until this debate came up, which has been an interesting process.

 

[DavidLeR]

To anyone who has fallen victim to the “Repair Only” trap:

For Ontario and BC (and likely for other provinces), if you purchase a defective product, there are laws in place that entitles you to a replacement or a refund from the seller (such as Canadian Tire). It is not necessary for you to wait for a repair through the manufacturer.

In these provinces, the “Repair Only” policy is merely an invention of Canadian Tire, and exists solely to take money out of your wallet, and transfer it to the owner’s.

I strongly encourage you to check the Consumer Protection laws in your province, and to contact your Consumer Protection ministry.

In Ontario, see the Consumer Protection Act of 2002 at " Consumer Protection Act, 2002, S.O. 2002, c. 30, Sched. A "and call the Ministry of Consumer Services at 1-800-889-9768.

If the retailer refuses to replace the defective product or to issue you a refund, you may be entitled to a remedy through your credit card issuer. This is spelled out in the legislation in Ontario.

Don’t take my word for it, or the word of any self-serving Canadian Tire representatives, who may be posting here under a variety of names.

Do your homework. Shop at reputable stores. Know your rights, and insist that they be respected. Do not remain a victim.

And most of all, beware of yet another rip-off brought to you by Canadian Tire.

 

[CT Me / Lawguy]

Dear Consumer
Please do not be misled, it will penalize you more then anyone else. Repair warranties are absolutely legal in all Provinces. Consumer Protection legislation have mechanisms to ensure you are treated fairly and that the warranties as set out by sellers are adhered to. These same legislations do not entitle you to set your own warranty terms, or bypass the terms as set out by the seller.

As DavidLer and company have suggested, do your homework before you purchase an item and know the terms of the warranty, and in the case of repair warranty who is authorized to fix them, where they are located and does warranty cover parts, labour or both.

If you do get a defective product, you will of course be disappointed by its quality and function when it is broken. Do not be misled into believing a Government agency will come galloping in as your knight in shining armour to save the day as you will SURELY be more disappointed when they do not.

 

[DavidLeR]

you had to use the big can of raid logic didn't you Dave. It'll be weeks before we see those pesky roaches

I think you've underestimated the tenacity of the roaches.

 

[DavidLeR]

It looks like one of my earlier links, to the BC "defective goods" site didn't get pasted properly.

Here it is again: "Buying Defective Goods"

This is written by The Canadian Bar Association, British Columbia Branch, and described "what you can do if you’ve bought a product or items (called “goods”), which turn out to be defective."

It says, in part, "You should immediately return the goods to the seller. Request an exchange for replacement goods. If a replacement product isn’t available, ask for a refund".

(I really love this part: "If ... you’re still met with resistance in obtaining either a replacement or refund ..." Gee, like that ever happens!)

Be warned: in a few minutes, somebody who owns a Canadian Tire store, and doesn't want you to get your legally-entitled refund, may decide to post a little message saying how this won't work, it's only half the story, please just take it up with the manufacturer, don't force me to give you your money back, please don't sue me, you are just a lazy customer, too-bad-so-sad, etc.

Well, If you want to take your consumer rights advise from a store-owner, and not a consumer rights lawyer, that's your choice.

Have you heard the saying, "Never ask a barber whether you need a haircut"?

Well, never ask a Canadian Tire store owner if you are entitled to a refund!

 

[CT Me / Lawguy]

Assorted warranty research, related to what we've discussed. All info directly from their websites.
So I ask ... are repair warranties in fact invented by Canadian Tire just to fatten the bottom line, as you have claimed?
or
is it in fact legal, normal and standard business practice for most Canadian retailers to

Home DepotGasoline-powered equipment may be returned within 30 days of purchase with a valid sales receipt. After 30 days, item may be sent out for repair at the customer's expense, unless covered under warranty.

Lowe's CanadaTraditional manufacturer warranties cover defects in parts and workmanship typically for the first year, while the Lowe's Extended Protection Plan provides customers with product protection that enhances and extends the manufacturer's limited warranty. With the Lowe's Extended Protection Plan, your product will be serviced or repaired to like-new working condition.
With the Lowe's Replacement Plan, we will replace eligible products costing less than $200 for the full replacement value of the product, including tax. No repairs necessary.

Home HardwareAll merchandise is subject to the manufacturer’s warranty & will be repaired or replaced as per the manufacturer’s directions. We regret that cut materials and special-order merchandise are not returnable

RONAService centres for repair of RONA power tools and outdoor equipement
Please visit www.mecanair.net in order to locate the nearest service centre. You will also have access to instruction manuals for the various products.

 

[CT Me / Lawguy]

It looks like one of my earlier links, to the BC "defective goods" site didn't get pasted properly.

Here it is again: "Buying Defective Goods"

This is written by The Canadian Bar Association, British Columbia Branch, and described "what you can do if you’ve bought a product or items (called “goods”), which turn out to be defective."

It says, in part, "You should immediately return the goods to the seller. Request an exchange for replacement goods. If a replacement product isn’t available, ask for a refund".

(I really love this part: "If ... you’re still met with resistance in obtaining either a replacement or refund ..." Gee, like that ever happens!)

Be warned: in a few minutes, somebody who owns a Canadian Tire store, and doesn't want you to get your legally-entitled refund, may decide to post a little message saying how this won't work, it's only half the story, please just take it up with the manufacturer, don't force me to give you your money back, please don't sue me, you are just a lazy customer, too-bad-so-sad, etc.

Well, If you want to take your consumer rights advise from a store-owner, and not a consumer rights lawyer, that's your choice.

Have you heard the saying, "Never ask a barber whether you need a haircut"?

Well, never ask a Canadian Tire store owner if you are entitled to a refund!

So instead your suggestion is to ask a lawyer if you have a case? LOL pssst here's a tip, lawyers work on billable hours. It will take $150 bucks retainer to have him/her even review your inquiry. If you read the clip above and follow the link you will see it says request a refund or replacement. There is no mention of warranty, or repair. They skip right to threaten to sue LOL Typical lawyer
It also states specifically goods must be reasonably fit for their intended purpose, citing a specific example, if you buy a wood saw to cut metal, you have no recourse. Reasonably fit does not mean that it can't break.
Don't take your consumer rights advice from me ... take them from those who legislate it, Consumer Affairs, Service Alberta etc... .... links posted many times in previous posts. I suggest not trying to interpret the legalities in their descriptions. Do exactly as I did... pick up the phone call and say I bought this...this is the warranty...do i have the RIGHT to a refund or do I have to have it repaired? Ask who legally sets the laws for warranties and returns. They will tell you straight out, the sellers and manufacturers choose the terms of warranty, by law.

PS - Refunds for defective products do not cost the business money. The business is refunded the cost of the defective product. Refunds for unused items (ie put back into my inventory for sale) don't cost money either. In accounting there's a thing called an asset. Inventory is an asset. So for the 89 bucks I gave back to a customer in cash, I now have an 89 dollar asset on the books.

While I respect your conviction in this matter, you're beating a dead horse. Surely in reading through some of the sections and subsections of certain acts, there is some open lines in interpreting what they mean, and in some cases they loosely indicate that you can request a refund or exchange. The term REQUEST is the key factor. You absolutely have the right to make the request. Nowhere does it state that the seller must do as you request.
A written warranty is a contract..... once you've bought it, you're bound by those warranty terms.

PS - Your credit card company will not help you solve the matter. They will not cancel the charge. If the seller can prove that you signed for the purchase, or in the new age, entered your PIN number to authorize a transaction, a credit card company will not reverse the charge.