Direct Sellers Regulation

Direct Sellers Regulation, M.R. 197/97 The Consumer Protection Act , C.C.S.M. c. C200 Regulation 197/97 Registered October 9, 1997 bilingual version (HTML) Definition 1 In this regulation " Act " means The Consumer Protection Act . Content of retail sale or retail hire-purchase agreement 2 A written agreement for a retail sale or a retail hire-purchase to which Part VII of the Act applies shall include the following: (a) the buyer's name and address; (b) the vendor's name, business address, telephone number and, where applicable, fax number; (c) the direct seller's name (printed); (d) the date and place of the agreement; (e) a description of the goods and services, sufficient to identify them; (f) the statement of cancellation rights as set out in subsection 3(1); (g) itemized prices of goods or services, or both; (h) the total amount of the agreement; (i) the terms of payment; (j) in the case of an agreement for the future delivery of goods, future provision of services or goods together with services, the delivery date for the goods or start date for the services or both; (k) in the case of an agreement for the future provision of services or goods together with services, the completion date for supplying the services or the goods together with services; (l) where credit is extended (i) a statement providing a complete description of any security taken for payment, and (ii) the cost of credit as determined in accordance with the requirements of this Act and the regulations; (m) where goods are taken in trade, a description of the goods that clearly describes the goods and distinguishes them from other goods as well as the value of the trade-in; (n) the signatures of the buyer and the vendor. Statement of cancellation rights 3(1) A statement of cancellation rights referred to in Part VII of the Act shall (a) contain (i) the wording specified in the Schedule to this regulation, or (ii) other wording satisfactory to the director that provides the same information as set out in the Schedule; (b) show the heading in not less than 12 point bold type; (c) show the statement of 10 day cancellation rights in 12 point type; and (d) show the remainder of the information in not less that 10 point type. Where statement not on face of agreement 3(2) Where the statement of cancellation rights is not on the face of the agreement there shall be a notice on the face of the agreement in not less than 12 point bold type, referring to the location of the statement of cancellation rights. Where statement in a separate document 3(3) Where (a) the statement of cancellation rights is a separate document from the agreement; or (b) the agreement is not in writing; the statement shall include the vendor's name, business address, telephone number and, where applicable, fax number. Coming into force 4 This regulation comes into force on January 1, 1998. SCHEDULE (Subsection 3(1)) BUYER'S RIGHT TO CANCEL You may cancel this contract from the day you enter the contract until 10 days after you receive a copy of the [contract/statement of cancellation rights]. You do not need a reason to cancel. If you do not receive the goods or services within 30 days of the date stated in the contract, you may cancel this contract within one year of the contract date. You lose that right if you accept delivery after the 30 days. There are other grounds for extended cancellation. For more information, you may contact the Consumer Protection Office. If you cancel this contract, the seller has 15 days to refund your money and any trade-in, or the cash value of the trade-in. You must then return the goods. To cancel, you must give notice of cancellation at the address [below/in this contract]. You must give notice of cancellation by a method that will allow you to prove that you gave notice, including registered mail, fax, or by personal delivery. [ADDRESS FOR NOTICE - include name, business address, phone and, if applicable, fax number if this statement of cancellation rights is a document separate from the contract.] M.R. 150/2014