§ 428 — Form of notice; statement of buyer's rights

New York § 428

• Jurisdiction: New York
• Law PEP: Personal Property
• Art. 10-A: Door-to-door Sales Protection Act

Text

§ 428. Form of notice; statement of buyer's rights. 1. In a\ndoor-to-door sale, the seller shall furnish to the buyer\n (a) a fully completed receipt or copy of any contract pertaining to\nsuch sale at the time of its execution, which is in the same language,\ne.g. Spanish, as that principally used in the oral sales presentation\nand which shows the date of the transaction and contains the name and\naddress of the seller, and in immediate proximity to the space reserved\nin the contract for the signature of the buyer or on the front page of\nthe receipt if a contract is not used and in not less than ten-point\nbold face type, a statement in substantially the following form:\n "YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO\nMIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION.\nSEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS\nRIGHT."\n (b) at the time the buyer signs the door-to-door sales contract or\notherwise agrees to buy consumer goods or services from the seller, a\ncompleted form in duplicate, captioned "NOTICE OF CANCELLATION", which\nshall be attached to the contract or receipt and easily detachable, and\nwhich shall contain in not less than ten-point bold face type the\nfollowing information and statements in the same language, e.g. Spanish,\nas that used in the contract:\n NOTICE OF CANCELLATION\n(enter date of transaction) _________________________________________\n(Date)\n YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION,\nWITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE.\n IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER\nTHE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL\nBE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF\nYOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE\nTRANSACTION WILL BE CANCELLED.\n IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR\nRESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY\nGOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY IF YOU\nWISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN\nSHIPMENT OF THE GOODS AT THE SELLER'S EXPENSE AND RISK.\n IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES\nNOT PICK THEM UP WITHIN TWENTY DAYS OF THE DATE OF YOUR NOTICE OF\nCANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER\nOBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF\nYOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU\nREMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT.\n TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF\nTHIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A\nTELEGRAM, TO\n(Name of Seller), AT Address of Seller\n __________________ _________________________________\n (Place of Business) NOT LATER THAN MIDNIGHT OF\n __________________ __________________\n (Date)\n I HEREBY CANCEL THIS TRANSACTION.\n _________________\n (Date)\n ______________________________ (Buyer's Signature)\n and the seller shall complete both copies by entering the name of the\nseller, the address of the seller's place of business, the date of the\ntransaction, and the date, not earlier than the third business day\nfollowing the date of the transaction, by which the buyer may give\nnotice of cancellation.\n 2. In a door-to-door sale, the seller shall inform each buyer orally,\nat the time he signs the contract or purchases the goods or services, of\nhis right to cancel. Until the seller has complied with this section,\nthe buyer or any other person obligated for any part of the purchase\nprice may cancel the door-to-door sale by notifying the seller in any\nmanner and by any means of his intention to cancel. The period\nprescribed by subdivision one of section four hundred twenty-seven shall\nbegin to run from the time the seller complies with this section.\n 3. A door-to-door sales contract or receipt shall not include any\nconfession of judgment or any waiver of any of the rights to which the\nbuyer is entitled under this article including specifically his right to\ncancel the sale in accordance with the provisions of this article.\n 4. A door-to-door sales contract or receipt shall disclose\nconspicuously the seller's refund policy as to all goods, wares or\nmerchandise subject to the door-to-door sales agreement. If the seller\nfails to disclose conspicuously the applicable refund policy, then the\nseller shall be liable to the buyer for a cash refund of the total price\nor a credit of the total price, at the buyer's option, provided that\nwithin twenty days from the date of delivery of the purchased item or\nitems, the buyer makes a demand therefor and provided that the\nmerchandise is in substantially as good condition as when received by\nthe buyer. In no event shall this subdivision be deemed to supercede a\nrefund policy of a seller which allows return of merchandise more than\ntwenty days after the date of delivery of the purchased item or items.\nThe amount paid by the buyer to the seller shall be refunded or\ncredited, as the case may be, within ten business days from the date of\nreturn of the seller's merchandise in substantially as good condition as\nwhen received by the buyer.\n 5. This section does not relieve any person, firm, corporation or\nassociation subject to the provisions of this section from complying\nwith any other applicable law, ordinance, rule or regulation relating to\nrefund policies which affords the buyer greater protection than do the\nprovisions of this section.\n