§ 3701 — Definitions

As used in this chapter:

(1) “Consumer” means a person who buys for personal use, or for the use of another but not for resale.

(2) “Secondhand” watch means:

a. A watch which, as a whole, or the case thereof, or the movement thereof has been previously sold to a consumer; but a watch which has been so sold and is thereafter returned, either through an exchange or for credit, to the same person who sold the watch to the consumer, shall not be deemed to be a secondhand watch for the purposes of this chapter if such person keeps a written or printed record setting forth the name and address of the consumer, the date of the sale to the consumer, the date of the return by the consumer, the name of the watch or its maker, and the serial numbers, if any, or, if none, any other distinguishing numbers or identification marks on the case and on the movement of the watch; and

b. Any watch whose case or movement serial numbers or other distinguishing numbers or identification marks have been erased, defaced, removed, altered or covered.

(3) “Sell” includes offer to sell or exchange, expose for sale or exchange, possess with intent to sell or exchange, and sell or exchange.

Legislative History

41 Del. Laws, c. 198, §§ 1, 2 ; 6 Del. C. 1953, § 3701; 70 Del. Laws, c. 186, § 1