§ 45:832 — Refund, credit, or replacement

A. A purchaser of any item pursuant to a solicitation made by a telephonic seller or salesperson shall be given a refund, a credit, or replacement of any item purchased, at his option, under either of the following conditions:
(1) An item is defective, not as represented by the solicitation or contract, or is not received as promised.
(2) The purchaser returns any item purchased or makes a written request for refund, credit, or replacement within seven days of receiving the item from the telephonic seller. Such a return shall be timely if shipment of the item is made within such seven days or if such request is postmarked, properly addressed, and mailed, postage prepaid, within such seven days.
B. If a purchaser returns only a portion of items received, the refund, credit, or replacement required by this Section may be prorated by the telephonic seller accordingly.
C. A telephonic seller who makes a sale shall guarantee refund, credit, or replacement to the purchaser as required by this Section.

Legislative History

Acts 1995, No. 679, §1.