South Dakota § 37-24-2 Unordered merchandise as gift--Right to refuse--Exceptions.

South Dakota Statutes

§ 37-24-2 — Unordered merchandise as gift--Right to refuse--Exceptions.

South Dakota § 37-24-2

Title 37TRADE REGULATION

Ch. 37-23DECEPTIVE TRADE PRACTICES AND CONSUMER PROTECTION

This text of South Dakota § 37-24-2 (Unordered merchandise as gift--Right to refuse--Exceptions.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 37-24-2 (2026).

Text

Unless otherwise agreed, if unordered merchandise is delivered in person or by mail or common carrier to a person, he has a right to refuse such merchandise and is not obligated to return such merchandise to the sender. Such unordered merchandise shall be deemed an unconditional gift to the recipient, who may use it in any manner without any obligation to the sender. This section does not apply if there is evidence of an obvious misdelivery, or the merchandise is offered in good faith in substitution for merchandise ordered.

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Unless otherwise agreed, if unordered merchandise is delivered in person or by mail or common carrier to a person, he has a right to refuse such merchandise and is not obligated to return such merchandise to the sender. Such unordered merchandise shall be deemed an unconditional gift to the recipient, who may use it in any manner without any obligation to the sender. This section does not apply if there is evidence of an obvious misdelivery, or the merchandise is offered in good faith in substitution for merchandise ordered.