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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 86290
Experience:  Lawyer
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We got a phone call with exciting news that our name was selected

Resolved Question:

We got a phone call with exciting news that our name was selected in a draw. We won a "free chef-prepared dinner". They confirmed that my name was selected in a draw at a polish festival we attended a couple of weeks ago. This was true, only I don't remember entering a draw for this....? The only draw I entered was for a trip to Poland via Polimex Travel. On that same phone call, they asked a few questions re: your meat eating habits and confirm you will attend the free "dinner". You get contacted again with a confirmation. We were curious so we went.
Upon arriving, "offices not a restaurant" they scoot you into a room ask a few questions such as your eating habits, how many in the household, also the meat they will be preparing and from where and if we owned a freezer? Now this was associated with "Canadian Food Services". That said and done. We were escorted to a dinner presentation area with a kitchen and seating of about 10 other couples tables. Then a demonstration of how they cook their meats and veggies and what type of cookware they are using, with the help of a commercial ad for this product. Dinner was fine, though not the portions you normally expect (more like samples). THEN each couple was called by a representative to their offices! We were a little suspect, but; we engaged with a representative (sales agent). He showed how much we could save on your TOTAL grocery bill and how little it would cost us with this superior meat which they flash froze and they would deliver 10 months worth of product and by the way "we needed a large freezer to fit this all in". We signed up...mistake we made!

Later the same evening we became skeptical of the fast methods of signing up, prices.

Now for the question I would like an ANSWER for please.

In their contract as stated under Clause #16 -Buyer's Right To Cancel: You may cancel this agreement until 10 days after you receive a copy of the agreement date. You lose that right if you accept delivery after 30 days. There are other grounds for extended cancellation. For more information, you may contact your provincial/territorial consumer affairs office.
If you cancel this agreement, 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.
( The 10 day cancellation period as set out in the Consumer Protection Act, 2002, and as prescribed above is not applicable to contracts negotiated or concluded at Canadian Food Services place of business or any marketplace, auction, trade fair, agricultural fair or exhibition).

This last paragraph in the clause in quotation, can I be forced into paying them or be held to this contract?
Have received nothing and so far not paid out anything since yesterday!
Submitted: 11 months ago.
Category: Canada Law
Expert:  Legal Ease replied 11 months ago.
Thank you for your question. My name is XXXXX XXXXX my goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

When did you sign up?
Customer: replied 11 months ago.

October 19th, 2013 - yesterday

Expert:  Legal Ease replied 11 months ago.
So I am not sure if I am missing something but doesn't the agreement say you can terminate the contract within 10 days?
Customer: replied 11 months ago.

yes, but it states in the same paragraph. Which is what I am concerned with?



The 10 day cancellation period as set out in the Consumer Protection Act, 2002, and as prescribed above is not applicable to contracts negotiated or concluded at Canadian Food Services place of business or any marketplace, auction, trade fair, agricultural fair or exhibition).

Expert:  Legal Ease replied 11 months ago.
They are correct the 10 cooling off period doesn't apply but they gave you a 10 day cancellation period from what I an see.

I suggest you send them a letter by Registered Mail in the morning and also by fax.

In the letter state that pursuant to Clause #16 you are hereby providing them with written notice that you are canceling the contract forthwith.

If they say you cannot then I suggest contacting the Consume Protection Branch as that would be an unfair business practice.

Here is a link to their contact information:

http://www.sse.gov.on.ca/mcs/en/Pages/Contact.aspx


Let me know if you need any further clarification.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 86290
Experience: Lawyer
Legal Ease and other Canada Law Specialists are ready to help you

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