All of you are missing the point. Getting hosed on a new purchase should not be the standard procedure.
This is not a warranty issue. A warranty issue is where something fails prematurely: a barrel wears out sooner than expected, sights come loose, etc.
This is a contract which was not fulfilled. He held up his end and delivered payment in full to the retailer. The retailer did not hold up their end by supplying him with what he purchased. If you were local, this would be a slam dunk small claims court case.
When you buy from a vendor online, you are buying something by description. In Ontario, the law says:
From the Ontario Sale of Goods Act:
33.
(1) Where goods are delivered to the buyer that the buyer has not previously examined, the buyer shall be deemed not to have accepted them until there has been a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformity with the contract. [Note: Retailers who send you a receipt stamped "No refunds or exchanges" don't have a leg to stand on]
(2) Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, the seller shall, on request, afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract. R.S.O. 1990, c. S.1, s. 33.
34. The buyer shall be deemed to have accepted the goods when the buyer,
(a) intimates to the seller that the goods have been accepted;
(b) after delivery, does any act in relation to them that is inconsistent with the ownership of the seller; or
(c) after the lapse of a reasonable period of time, retains the goods without intimating to the seller that they have been rejected. R.S.O. 1990, c. S.1, s. 34.
From BC's Sale of Goods Act:
38 (1) If goods are delivered to the buyer that the buyer has not previously examined, the buyer is not deemed to have accepted them unless and until the buyer has had a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformity with the contract.
(2) Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, the seller is bound, on request, to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract.
39 The buyer is deemed to have accepted the goods when
(a) the buyer intimates to the seller that the buyer has accepted them,
(b) the goods have been delivered to the buyer, and the buyer does any act in relation to them which is inconsistent with the ownership of the seller, or
(c) after the lapse of a reasonable time, the buyer retains the goods without intimating to the seller that the buyer has rejected them.
But we're Canada and a secondary market so the law doesn't apply, right?
FF