P-40.1, r. 3 - Regulation respecting the application of the Consumer Protection Act

Section 50 Disposition versions

2012-09-01

50. A sales contract entered into at the time of the entering into or performance of a principal service contract involving sequential performance for instruction, training or assistance, and in which the total amount of the obligation of the consumer exceeds $100, must contain the following compulsory clause:

“Clause required under the Consumer Protection Act.

(Accessory contract of sale)

This contract is accessory to the service contract involving sequential performance for instruction, training or assistance entered into on (insert here the date on which the service contract involving sequential performance for instruction, training or assistance was entered into).

The consumer may cancel this contract within 10 days following:

(a)  either the date on which the goods sold are delivered;

(b)  or the date on which the merchant begins to perform his obligation under the principal contract referred to above;

whichever occurs last.

To cancel this contract, the consumer must:

(a)  either return the goods to the merchant;

(b)  or send the merchant the attached cancellation form or another notice in writing for that purpose.

The contract is cancelled, without further formality, as soon as the consumer returns the goods or forwards the form or notice to the merchant.

Moreover, if the consumer cancels the principal contract referred to above, he may also cancel this contract by returning the goods to the merchant within 10 days following the cancellation of the principal contract.

However, the consumer may not avail himself of that right if he has been in possession of the goods for 2 months or for a period equivalent to 1/3 of the term stipulated in the principal contract, whichever is shorter.

Within 10 days following the cancellation, the parties must restore what they have received from one another.

The merchant shall assume the costs of restitution.

The merchant shall assume the risk of loss or deterioration, even by superior force, of the goods forming the object of the contract until the longer of the two terms provided for the cancellation.

It is in the consumer’s interest to refer to sections 208 to 214 of the Consumer Protection Act (chapter P-40.1) and, where necessary, to communicate with the Office de la protection du consommateur.”.

R.R.Q., 1981, c. P-40.1, r. 1, s. 50; O.C. 495-2010, s. 5.