Section 218-A. Disclosure of refund policies  


Latest version.
  • 1. Every retail mercantile
      establishment shall conspicuously post, in  the  following  manner,  its
      refund  policy  as  to  all  goods,  wares or merchandise offered to the
      public for sale:
        (a) on a sign attached to the item itself; or
        (b) on a sign affixed to each cash register or point of sale; or
        (c) on a sign so situated as to be clearly visible to the  buyer  from
      the cash register; or
        (d) on a sign posted at each store entrance used by the public.
        2.  The sign, required by subdivision one of this section to be posted
      in every retail mercantile establishment, shall state whether or not  it
      is  the  policy  of such establishment to give refunds and, if so, under
      what conditions, including but not limited to whether a refund  will  be
      given:
        (a)  on merchandise which had been advertised as "sale" merchandise or
      marked "as is;"
        (b) on merchandise for which no proof of purchase exists;
        (c) at any time or not beyond a point in time specified; or
        (d) in cash, or as credit or store credit only.
        3. Enforcement. Any retail mercantile establishment which violates any
      provision of this section shall be liable, for a period of up to  twenty
      days  from  the  date  of  purchase, to the buyer for a cash refund or a
      credit, at the buyer's option, provided that  the  merchandise  has  not
      been used or damaged by the buyer.
        4.  The  provisions  of  subdivision  one  shall  not  apply to retail
      mercantile  establishments  or  departments  that  have  a   policy   of
      providing,  for  a period of not less than twenty days after the date of
      purchase, a cash refund for a cash purchase or providing a  cash  refund
      or  issuing  a  credit for a credit purchase, which credit is applied to
      the account on which the purchase was debited, in  connection  with  the
      return of its unused and undamaged merchandise.
        5.  Preemption.  This  section  does  not  relieve  any  person, firm,
      corporation or association subject to the  provisions  of  this  section
      from  complying  with  any  law,  ordinance,  rule  or regulation of any
      locality relating to the posting of refund policies  which  affords  the
      buyer greater protection than do the provisions of this section.
        * NB Effective until November 25, 2009