Winter coats sold online marked “final sale” for $400, $500, even $1,000 are common this Black Friday. No need to go all the way to China to find them. They are sold here in Quebec by well-known merchants.
A quick browse found coats offered online on firm sale for $507 at Soia
The Quebec company Altitude Sports, for example, is present exclusively online. It’s impossible to go to the store to check if the cut of the $1,000 coat fits your figure or makes you look like a “potato bag.”
Buying clothing online on firm sale is therefore risky unless you have already tried it in store or are familiar with the brand’s tailoring. Because if it doesn’t fit you or you don’t like it, you won’t be refunded.
Same story for winter boots that are too tight, uncomfortable, too big or too small: there is no law requiring the merchant to allow you to exchange them.
And the choice of color? If you saw a Caribbean blue on your screen and in your living room you see a Florida blue instead, it is “final sale”.
“People who buy expensive things are used to shopping online and know their size,” assures Véronique Blais, director of marketing, public relations and branding at Kanuk, over the phone.
“For others, when they have not tried on the coat in store, some contact us by email or telephone to ensure that they are making a good choice. An advisor will help them determine the right size and also the right color, because it is not always easy to choose it on a screen. »
Since the advent of online sales, consumers have become accustomed to certain standards. They expect that underwear, accessories and some jewelry are non-exchangeable and non-refundable.
Most of the time, capital red letters are displayed to alert the consumer. A note may also appear when you click “Proceed to Checkout.” But it’s not always the case.
To avoid costly disappointments, Option consommateurs recommends always reading the return and refund policies on merchant sites before purchasing anything.
“There is no legal obligation for merchants to have an exchange and refund policy,” warns Sara Eve Levac, lawyer and legal advisor at Option consommateurs. You have to check carefully on merchant sites to avoid being fooled, as there may be exclusions. »
Rudsak, which also sells luxury coats, states on its site that items marked “final sale” purchased online are non-refundable, but can be exchanged by mail.
If you receive a coat purchased online that is torn, poorly sewn or with a zipper that does not work properly, you have recourse even if the invoice indicates “final sale”, assures Option consommateurs.
“The law states that when I buy a product, it must work properly. In the event that the good is defective, I can have recourse to ask the merchant to replace it, repair it or reimburse it,” maintains Sara Eve Levac.
The first step to take is to contact the merchant to resolve the problem directly with them, explains the lawyer. If that doesn’t work, you need to send him a letter of formal notice. If you don’t get a response from them, you need to go to small claims court. Unless the merchant is registered for free mediation on the Consumer Protection Office website.
“We produce the coats here in Montreal,” explains Véronique Blais at Kanuk. If there is a manufacturing defect, we will find a solution. The warranty does not change even if the coat is on liquidation, even if it is “final sale”. Manufacturing and seams are guaranteed for life. »
The chargeback request from your credit card provider will be accepted if the product received is not what you ordered (wrong size, for example) or you never receive it. There are deadlines to respect and steps to take depending on the card provider, but the sale can be canceled.
What if the boots or coat are designed to keep you warm down to -30°C and they don’t deliver on that promise? Can I request a chargeback?
“We are a bit on the line,” says the lawyer for Option consommateurs. If I took this to court, I don’t know what would be decided.
“If I order boots that guarantee me to be warm at -30 degrees and I see that at -5 degrees it ultimately doesn’t work, maybe I could demonstrate that the good is not compliant. »
