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- Dear <company name>,
- I am writing to you as a customer who placed an order on your website on <date of purchase>. The order number was <order number> and it was for the purchase of <order details> at the price of <item price> each, plus taxes and shipping fees.
- I was shocked and disappointed to receive an email from you on <date of order cancel>, informing me that you had cancelled my order without any explanation or justification. I consider this action to be a breach of contract and a violation of my rights as a consumer under the laws of Quebec.
- As you may be aware, the Consumer Protection Act of Quebec and the Civil Code of Quebec are strict in the sense that an order placed online corresponds to a contract having been concluded in Quebec and that each of the parties involved must fulfill their obligations related to the said contract. Article 1375 of the Civil Code of Quebec states “Good faith must govern the conduct of the parties, both at the time of the birth of the obligation and at that of its execution or extinction.”
- Furthermore, I have reason to believe that you acted in bad faith when you cancelled my order. The inventory validation tool available on the product pages clearly indicated that more than a thousand units were on order to be received. Moreover, some non-Quebec customers have received an email confirming that their order was cancelled due to a pricing error, which is not the case for me. This situation could be interpreted as an attempt by <company name>to circumvent section 224 of the Consumer Protection Act which states “No merchant, manufacturer or advertiser may, by any means whatever: c) charge, for goods or services, a higher price than that advertised…”. Either my order was cancelled without proper reason or it was cancelled for an unjustified reason under Quebec law. Even if I had received that email at the time of writing this letter, you would still have to provide the items I ordered at the price of my initial order.
- Finally, I would like to remind you that articles 19 and 22.1 of the Quebec Consumer Protection Act and article 3149 section 242 of the Civil Code of Quebec render null and void any term of service that you may have established in order to evade Quebec laws.
- Therefore, I demand that you honour my order and ship me the <order details> as soon as possible, at the price and conditions agreed upon when I placed the order. If you fail to do so within 10 days of receiving this letter, I will have no choice but to take legal action against you and seek damages for breach of contract, loss of opportunity, and moral prejudice.
- Please confirm receipt of this letter and your intention to comply with my demand by email or phone.
- Sincerely,
- Your name Your address Your phone number Your email address
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