preoreder fore the new BCL Siberian

[Canuck85]

Hey TNA, can we get an update for those of us who placed preorders? How many have you received? How frequently are you receiving them? How many people are in line? I’m starting to wonder if my $1650 has just vanished.

[LexInfidelis]

Never throw money at a pre-order unless you’re prepared to fight to get your money back. I just went through this with a seller that I will not mention. If you do choose to take this type of risk, use a credit card so that you’ll have recourse through a credit card dispute. Many shady vendors will tell you to pay in full for the pre-order and state “no cancellation” in their terms and conditions. This was the case with my situation, luckily the consumer protection legislation in my province was on my side.

Consumer Protection laws across the provinces are roughly the same and generally have a 30 day fulfillment rule which states that if a product is not delivered within 30 days of an “estimated delivery date” or “original transaction date” if no delivery date is provided, the consumer is entitled to a full refund. Also, if there is any misrepresentation of the product in any way, or the seller uses any “misleading practices” to market or attract investment into a product, the consumer is entitled to a full refund as well as the right to pursue legal recourse for misrepresentation.

Any sales contract entered into online is referred to as a “distance sales contract” which is null and void after 30 days of the consumer not receiving said product or service. All Canadian credit card companies are legally obligated to uphold the law with regards to all legislation outlined in the Consumer Protection Act of said province. I did win the dispute as the product which I pre-ordered was not delivered or fulfilled within the 30 day period. I kept a record of all the posted estimated delivery dates on the vendor’s website which were consistently false, and took screenshots of emails which proved the goalpost for the vapourware I ordered kept moving.

This is not legal advice, I simply wanted to bring attention to the reality that you do have recourse if you use a credit card in these situations. If you were unlucky enough to use an e-transfer or cash, you may have to fight for your money in small claims court. Just wanted to give some reassurance to those who might find themselves in this predicament. I recommend that everyone review the consumer protection legislation in their province.

[Thunderhog]

Never throw money at a pre-order unless you’re prepared to fight to get your money back. I just went through this with a seller that I will not mention. If you do choose to take this type of risk, use a credit card so that you’ll have recourse through a credit card dispute. Many shady vendors will tell you to pay in full for the pre-order and state “no cancellation” in their terms and conditions. This was the case with my situation, luckily the consumer protection legislation in my province was on my side.

Consumer Protection laws across the provinces are roughly the same and generally have a 30 day fulfillment rule which states that if a product is not delivered within 30 days of an “estimated delivery date” or “original transaction date” if no delivery date is provided, the consumer is entitled to a full refund. Also, if there is any misrepresentation of the product in any way, or the seller uses any “misleading practices” to market or attract investment into a product, the consumer is entitled to a full refund as well as the right to pursue legal recourse for misrepresentation.

Any sales contract entered into online is referred to as a “distance sales contract” which is null and void after 30 days of the consumer not receiving said product or service. All Canadian credit card companies are legally obligated to uphold the law with regards to all legislation outlined in the Consumer Protection Act of said province. I did win the dispute as the product which I pre-ordered was not delivered or fulfilled within the 30 day period. I kept a record of all the posted estimated delivery dates on the vendor’s website which were consistently false, and took screenshots of emails which proved the goalpost for the vapourware I ordered kept moving.

This is not legal advice, I simply wanted to bring attention to the reality that you do have recourse if you use a credit card in these situations. If you were unlucky enough to use an e-transfer or cash, you may have to fight for your money in small claims court. Just wanted to give some reassurance to those who might find themselves in this predicament. I recommend that everyone review the consumer protection legislation in their province.

Brutal.

Glad you took them to task.