Laws of New York (Last Updated: November 21, 2014) |
GBS General Business |
Article 12-B. MERCANTILE ESTABLISHMENTS |
Section 218-A. Disclosure of refund policies
Latest version.
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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