A product that does not work as represented, or is unsafe, is not something a buyer simply has to accept. Provincial consumer protection legislation exists specifically for this situation.
What counts as defective
- The product fails to perform as advertised or represented
- Materials or workmanship are substandard
- The product is unsafe for its intended and reasonably foreseeable use
- The product does not match the sample or description on which the purchase was based
The remedy sought matters
Consumer legislation generally allows for repair, replacement, refund or compensation, and which is appropriate depends on the nature of the defect and how promptly it was raised after purchase. Deciding what outcome you actually want before making the complaint focuses the process considerably.
Before filing a complaint
Retain the receipt or proof of purchase, any warranty documentation, and photograph the defect. A written complaint to the seller, giving them the opportunity to resolve it, is generally both required and a sensible first step regardless.
What to do next
Bring the proof of purchase, the product or clear evidence of its condition, and a record of any complaint already made to the seller.