Am I in the Wrong Here? Dispute with an Online Retailer Over Misleading Product and Refund Refusal
Hello Canada Legal Community,
I need some advice regarding a consumer dispute I’m having with an online clothing retailer. I placed an order for a dress from their website and received a product that is significantly different from what was advertised. The dress I received has poor stitching, missing design elements, and is nothing like the model’s photo on their website.
I immediately contacted their customer service, providing photographic evidence of the discrepancies between the product I ordered and the product I received. However, the company refused to issue a full refund and only offered a partial refund or a discount on future purchases. They also claimed that the product’s design variations were acceptable under their disclaimer, which states that some elements of the garment may be different from the images shown for illustration purposes.
My understanding is that this is a case of misrepresentation, as the dress is so different from the advertised product that it cannot be considered a minor variation. I'm also concerned about their refusal to fully refund me after the product was clearly not what I ordered.
Here are the details:
- The dress I received is missing key design elements (such as golden piping and buttons).
- The stitching is poorly done, including upside-down sleeves.
- I have photos comparing the product I received to what was advertised.
- The company is refusing a full refund and offering only a partial refund or a discount.
- They referred to their disclaimer stating that “certain elements may be different,” but I believe this doesn’t justify such significant differences in design.
I want to know if I am in the wrong here. Is this legal? Can a company justify misrepresenting their product with a generic disclaimer like this? Am I entitled to a full refund even though they offered a partial refund?
I would appreciate any insights on consumer protection laws, misrepresentation, or refund rights under Canadian law.
Also their final email to me:
"We have received multiple threatening emails from you [dated 3/10/2025 at 20:38, 3/10/2025 at 21:10, and 3/10/2025 at 21:16] threatening to harm our business and will be reported to the relevant authorities. Unfortunately, until we have discussed the matter with the relevant authorities, we choose to no longer offer you any other remedies outside of our refunds and returns policy. We have withdrawn our proposal for a discount on your order."
They also added:
"We recommend you contact your banking institution, whom we would be happy to resolve the issue with directly moving forward."
Thanks in advance for your help!
Edit: Is there a way to atleast know who could be the business owner or people responsible for running this business.