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Internet Sales Contract Regulations

made under Section 34 of the
Consumer Protection Act
R.S.N.S. 1989, c. 92
O.I.C. 2002-327 (June 28, 2002, effective December 19, 2003), N.S. Reg. 91/2002

Citation
1 These regulations may be cited as the Internet Sales Contract Regulations.

Excluded goods and services
2 In addition to the goods and services specified in clause 21W(a) of the Act, Sections 21X to 21AF of the Act do not apply to goods or services received by a consumer in a transaction where the total costs payable by the consumer to the supplier are less than $50.

Disclosure of information
3 For the purposes of Section 21X of the Act, a supplier shall disclose the following information to a consumer before entering into an internet sales contract with the consumer:

(a) the supplierís name and, if different, the name under which the supplier carries on business;

(b) the supplierís business address and, if different, the supplierís mailing address;

(c) the supplierís telephone number and, if available, the supplierís e-mail address and facsimile number;

(d) a fair and accurate description of the goods or services being sold to the consumer, including any relevant technical or system specifications;

(e) an itemized list of the price of the goods or services being sold to the consumer and any associated costs payable by the consumer, including taxes and shipping charges;

(f) a description of any additional charge that may apply to the contract, such as customs duties and brokerage fees, the amount of which cannot reasonably be determined by the supplier;

(g) the total amount of the contract, or, where the goods or services are being purchased over an indefinite period, the amount of the periodic payments under the contract;

(h) the currency in which amounts owing under the contract are payable;

(i) the terms, conditions and method of payment;

(j) the date when the goods are to be delivered or the services are to begin;

(k) the supplierís delivery arrangements, including the identity of the shipper, the mode of transportation and the place of delivery;

(l) the supplierís cancellation, return, exchange and refund policies, if any; and

(m) any other restrictions, limitations or conditions of purchase that may apply.

Information considered disclosed
4 A supplier is considered to have disclosed to a consumer the information required to be disclosed in Section 3 if

(a) the information is prominently displayed in a clear and comprehensible manner; and

(b) the consumer is able to retain or print the information.

Content and delivery of internet sales contract
5 (1) A copy of an internet sales contract provided by a supplier pursuant to Section 21Z of the Act shall include

(a) the information required by Section 3;

(b) the consumerís name or unique identifier; and

(c) the date the contract was entered into.

(2) A copy of an internet sales contract provided by a supplier pursuant to Section 21Z of the Act shall be

(a) sent by e-mail to the e-mail address provided by the consumer to the supplier for the provision of information related to the contract;

(b) sent by facsimile to the facsimile number provided by the consumer to the supplier for the provision of information related to the contract;

(c) mailed or delivered to an address provided by the consumer to the supplier for the provision of information related to the contract; or

(d) provided to the consumer in any other manner by which the supplier can prove that the consumer has received the copy.

Cancellation of internet sales contract
6 (1) A consumer may cancel an internet sales contract

(a) at any time from the date the contract is entered into until 7 days after the consumer receives a copy of the contract if

(i) the supplier did not disclose to the consumer the information in accordance with Section 21X of the Act and Section 3, or

(ii) the supplier did not provide the consumer with an express opportunity to accept or decline the contract and to correct errors in accordance with Section 21Y of the Act;

(b) within 30 days from the date the contract is entered into if the supplier does not provide the consumer with a copy of the contract in accordance with Section 21Z of the Act and subsection 5(2);

(c) at any time before delivery of the goods or the commencement of the services under the contract if the delivery date or commencement date is specified in the contract and

(i) in the case of goods, the supplier does not deliver the goods within 30 days from the delivery date specified in the contract or another delivery date agreed on by the consumer and the supplier, either in writing or in electronic form,

(ii) in the case of transportation, travel or accommodation services, the supplier does not begin the services on the commencement date specified in the contract or another commencement date agreed on by the consumer and the supplier, either in writing or in electronic form, or

(iii) in the case of services, other than those specified in subclause (ii), the supplier does not begin the services within 30 days from the commencement date specified in the contract or another commencement date agreed on by the consumer and the supplier, either in writing or in electronic form;

(d) at any time before the delivery of the goods or the commencement of the services under the contract, if the delivery date or commencement date is not specified in the internet sales contract and if the supplier does not deliver the goods or begin the services within 30 days from the date the contract is entered into.

(2) For the purposes of subsection (1), a supplier is considered to have delivered the goods under an internet sales contract if

(a) delivery was attempted but was refused by the consumer at the time that the delivery was attempted; or

(b) delivery was attempted but was not made because no person was available to accept delivery for the consumer on the day for which reasonable notice was given to the consumer that the goods were available to be delivered.

(3) For the purposes of subsection (1), a supplier is considered to have begun the services under an internet sales contract if

(a) commencement was attempted but was refused by the consumer at the time that commencement was attempted; or

(b) commencement was attempted but did not occur because no person was available to enable the services to begin on the day for which reasonable notice was given to the consumer that the services were available to begin.

Notification of cancellation
7 (1) A consumer may notify a supplier of cancellation of their internet sales contract in any manner or form that indicates the consumerís intent to cancel the contract.

(2) Notification pursuant to subsection (1) may be given to the supplier by any means including, but not limited to, personal service, registered mail, telephone, courier, facsimile and e-mail, and when given other than by personal service, is deemed to be given when sent.

Request to reverse credit charge
8 A request made by a consumer to a credit card issuer pursuant to Section 21AF of the Act to reverse a credit charge shall contain the following information:

(a) the consumerís name;

(b) the consumerís credit card number;

(c) the expiry date of the consumerís credit card;

(d) the supplierís name;

(e) the date the internet sales contract was entered into;

(f) the dollar amount of consideration charged to the credit card account in respect of the internet sales contract and any related consumer transaction;

(g) a description of the goods or services sufficient to identify them;

(h) the reason for cancellation of the internet sales contract in accordance with Section 6; and

(i) the date and method of notification of the cancellation of the internet sales contract.