A Quebec fitness equipment company contravened B.C. consumer laws when it threatened to “blacklist” a customer if she took legal steps to seek a refund when the equipment wasn’t delivered on time, according to Consumer Protection B.C.
Hajex Fitness, which sells fitness equipment online, agreed to sign an undertaking with Consumer Protection, pledging to clarify its shipping and return policies and to not repeat violations of the B.C. law that protects consumers.
The company has warehouses at its Montreal headquarters and in Delta, according to its website.
The undertaking was signed by Hajex director Junaid Khalid and posted to the Consumer Protection website, consumerprotectionbc.ca.
The agency began an investigation earlier this year after a consumer, who wasn’t named, said the company failed to deliver her order as required within 30 days and then failed to issue her a refund 15 days after that, according to the undertaking.
That contravened B.C.’s consumer protection law.
Hajex further violated the law when it told her its policy states that customers are responsible for their order “once we ship them or hand them to carrier for delivery. That policy didn’t exist nor was it posted on Hajex’s website, according to the decision.
The company, whose website said it delivers across Canada and the U.S., said it tells customers “shipping is a privilege” and customers have to deal with the delivery company themselves, it said.
Hajex also told her the contract cancellation form from Consumer Protection B.C. she submitted didn’t apply in Quebec and she would have to fill out a form in that province instead, which is also a contravention of B.C. protections, the undertaking said.
Hajex also contravened B.C. consumer protection law when it “threatened the consumer … stating they would take the consumer to court and ‘blacklist’ her from all major carriers and partners should she pursue her legal rights,” it said.
Hajex also agreed in the undertaking that by June 15 it would update all policies, procedures and practices about disputes and entitlements to refunds.
The director of Consumer Protection B.C. said it ended its inspection of Hajex when it signed the undertaking, but if breached, it could restart it and there could be further actions and penalties.
The company didn’t return a request for comment.
Consumer Protection B.C. is a not-for-profit regulator of consumer transactions that licenses and inspects regulated businesses, answers consumer inquiries, investigates violations and educates consumers and businesses about their rights and responsibilities, according to its website.
Hajex also has had 10 complaints filed within the last three years against it with the Better Business Bureau, of which it is not a member. And it failed to respond to any, which gives it an F rating, according to bbb.com.
Hajex has a pattern of complaints including late or no delivery, poor or incomplete refund terms and pushing consumers to sign agreements without fully explaining the product or sales terms, according to the bureau.
The bureau on Jan. 28 this year submitted a written request to the company encouraging it to address the pattern of complaints and it hasn’t responded, according to the bureau website.
