§ 399-M — Disclosures in advertisement and sale of unassembled goods

New York § 399-M

• Jurisdiction: New York
• Law GBS: General Business
• Art. 26: Miscellaneous

Text

§ 399-m. Disclosures in advertisement and sale of unassembled goods.\n1. For the purposes of this section, unassembled merchandise shall mean\ngoods, wares or other merchandise which is comprised of more than six\nseparate parts or units other than nuts, bolts, screws or other similar\ndevices used to connect or fasten, which is sold unassembled, and which\nis manufactured on or after January first, nineteen hundred seventy-six.\n 2. No person, firm, partnership, association or corporation or agent\nor employee thereof shall sell or offer for sale merchandise which is\nunassembled unless a sign placed in close proximity to the merchandise,\nor the box or other container in which the merchandise is offered for\nsale has thereon a notice in English, which sets forth (a) a statement\nthat the merchandise must be assembled prior to use; (b) a listing of\ntools necessary for assembly or use; and (c) a listing of any additional\nparts not supplied by the seller or manufacturer, necessary for assembly\nor use; and the box or other container contains simple, clear and\naccurate instructions for assembly and use in English. For the purposes\nof the foregoing, a sign placed in close proximity to the merchandise\nshould be clear and conspicuous and a notice indicated on or affixed to\na box or other container in which the merchandise is offered for sale\nshall be printed in not less than twelve-point bold face type.\n Where notice required by this section is given by a sign placed in\nclose proximity to the merchandise, as provided herein, the retail\npurchaser shall have the right to return the merchandise within a\nreasonable period of time and not unduly worn or damaged for a full\nrefund.\n 3. No person, firm, partnership, association or corporation or agent\nor employee thereof shall sell or offer for sale at retail, merchandise\nwhich is unassembled but is on display in an assembled condition unless\na sign indicating that the product must be assembled is prominently\nplaced in close proximity to the display.\n 4. No person, firm, partnership, association or corporation or agent\nor employee thereof shall advertise for sale at retail any merchandise\nwhich is unassembled unless said advertisement prominently sets forth\nthe fact that the merchandise is unassembled and must be assembled prior\nto use.\n 5. A violation of this section shall entitle the buyer to cancel or\nrescind the purchase and obtain a refund of the entire amount paid by\nhim.\n 6. Whenever there shall be a violation of this section, an application\nmay also be made by the attorney general in the name of the people of\nthe state of New York to a court or justice having jurisdiction to issue\nan injunction, and upon notice to the defendant of not less than five\ndays, to enjoin and restrain the continuance of such violation; and if\nit shall appear to the satisfaction of the court or justice that the\ndefendant has, in fact, violated this section, an injunction may be\nissued by such court or justice, enjoining and restraining any further\nviolation, without requiring proof that any person has, in fact, been\ninjured or damaged thereby. In any such proceeding the court may make\nallowances to the attorney general as provided in paragraph six of\nsubdivision (a) of section eighty-three hundred three of the civil\npractice law and rules, and direct restitution. In connection with any\nsuch proposed application, the attorney general is authorized to take\nproof and make a determination of the relevant facts and to issue\nsubpoenas in accordance with the civil practice law and rules.\n 7. The provisions of this section shall not apply to unassembled model\nkits and toy and hobby products, the primary purpose of which is\nassembly by the consumer as a recreational activity.\n 8. The requirement of this section to provide notice, on the package\nin which merchandise is offered for sale, or by a sign in close\nproximity to the merchandise, that such merchandise is unassembled shall\nnot apply to merchandise which is purchased for the purpose of being\nconnected to or installed in conjunction with other property, real or\npersonal.\n