In Québec, a merchant must respect the delivery date it agreed to. According to the Office de la protection du consommateur (OPC), a consumer who buys online, by phone or by mail can cancel without charge if the merchant misses a commitment such as the agreed delivery date, inside short time limits. For a store, the practical lesson is simple: promise only the dates you can keep, and keep the records that show you kept them.
The short version
- The OPC says merchants must respect an agreed delivery date, whether it was given in writing or verbally.
- For online, phone and mail purchases, a consumer can cancel without charge if the merchant misses commitments such as the delivery date.
- The OPC gives 30 days to cancel: from the date agreed in writing, or from the purchase date if the contract sets no other date.
- The merchant must refund within 15 days after the cancellation notice is delivered. If it does not, the consumer can ask the card issuer for a chargeback within 60 days.
- Stores should promise dates they can keep, confirm them in writing, track every order and refund fast.
General information, not legal advice
This article summarizes what the OPC publishes. It is not legal advice. For a specific dispute, check the OPC's pages and the Consumer Protection Act, or ask the OPC or a lawyer.
What does the OPC say about late deliveries?
The OPC's page on delivery delays sets out the following for a consumer in Québec.
| Topic | What the OPC says |
|---|---|
| The delivery date | A merchant must respect an agreed delivery date, whether it was agreed in writing or verbally. |
| Online, phone or mail purchases | The consumer can cancel without charge if the merchant has not respected certain commitments, such as the agreed delivery date, within short time limits. |
| Time to cancel | 30 days after the delivery date agreed in writing. If the contract sets no other date, 30 days after the date of purchase. |
| How to cancel | Send a written notice within the deadline, ideally by a method that keeps proof of delivery. The cancellation takes effect on the date the notice is delivered. |
| Refund | If the consumer has already paid, the merchant must refund within 15 days after the notice is delivered. |
| Credit card chargeback | If the merchant does not refund within 15 days, the consumer can ask the credit card company for a chargeback within 60 days. |
A May 2024 OPC release, published on Québec.ca, adds that a consumer can cancel a distance contract when the merchant has failed one of its obligations. It lists late delivery and a stolen parcel among the situations.
What this means for an online store
The rules are about the promise you make, not about which courier you use. A courier's performance is a tool for keeping your promise. It does not replace it. These are practical steps, not legal requirements.
- Promise dates you can keep. Use a delivery window or a cutoff, not a hope. See same-day delivery for a small online store.
- Put the date in writing. Show it at checkout and repeat it in the order confirmation.
- Track every order. A tracking link and a proof of delivery show whether and when the date was kept. See proof of delivery.
- Warn customers early. If an order will be late, tell the customer before the date passes, and offer a choice.
- Be ready to refund fast. Build the process so that a refund can go out well inside 15 days of a cancellation notice.
- Keep records. Order date, promised date, tracking history, messages with the customer.
What this means for a shopper
- Keep the order confirmation that shows the promised date.
- If the date is missed, send a written cancellation notice within 30 days, in a way that keeps proof it was delivered.
- Expect a refund within 15 days after the notice is delivered.
- If you are not refunded, contact your card issuer about a chargeback. You have 60 days.
- For help, contact the OPC.
What the OPC page does not cover
The OPC's page on delivery delays covers late delivery. It does not address an order that is marked as delivered but that the customer says never arrived. For that case, start with the order's proof of delivery and tracking history, then see damaged or lost delivery claims and failed delivery attempts.
How a courier agreement helps you keep the promise
Your promise to your customer is yours. Your agreement with your courier is how you make it realistic. If you rely on a route for your customer promises, write the windows, the cutoffs and the reporting into the agreement. The delivery service agreement checklist shows what to include, and dedicated routes suit a store that needs the same promise kept every day.
Sources
- Delivery delays: delay in delivery — Office de la protection du consommateur
- Online shopping: do you know the rules on distance contracts? (May 13, 2024, in French) — Québec.ca, Gouvernement du Québec
Frequently asked questions
Can a customer cancel an online order in Québec if it arrives late?
According to the OPC, a consumer who buys online, by phone or by mail can cancel without charge if the merchant has not respected certain commitments, such as the agreed delivery date, within short time limits.
How long does the customer have to cancel?
The OPC says 30 days after the delivery date agreed in writing, or 30 days after the purchase date if the contract sets no other date.
How fast must the merchant refund?
The OPC says within 15 days after the cancellation notice is delivered.
What if the merchant does not refund?
According to the OPC, if the merchant does not refund within 15 days, the consumer can ask the credit card company for a chargeback within 60 days.
Does this cover a parcel marked delivered but not received?
The OPC delivery-delays page does not address it. Start with the proof of delivery and tracking history, and contact the OPC for guidance on a specific case.
A delivery promise is only as good as the route behind it. Tell us what you promise your customers and we will show you how a route can back it up.