Legislation
SECTION 218-A
Disclosure of refund policies
General Business (GBS) CHAPTER 20, ARTICLE 12-B
§ 218-a. Disclosure of refund policies. 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 (a) 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:
(i) on merchandise which had been advertised as "sale" merchandise or
marked "as is;"
(ii) on merchandise for which no proof of purchase exists;
(iii) at any time or not beyond a point in time specified;
(iv) in cash, or as credit or store credit only; or
(v) subject to any fees, including a restocking fee, and the dollar or
percentage amount of each fee; and
(b) advise consumers that they are entitled to a written copy of the
store's refund policy upon request.
3. Enforcement. Any retail mercantile establishment which violates any
provision of this section shall be liable, for a period of up to thirty
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 and the buyer can verify the date of
the purchase with a receipt or any other purchase verification method
utilized by the retail merchant.
4. 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.
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 (a) 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:
(i) on merchandise which had been advertised as "sale" merchandise or
marked "as is;"
(ii) on merchandise for which no proof of purchase exists;
(iii) at any time or not beyond a point in time specified;
(iv) in cash, or as credit or store credit only; or
(v) subject to any fees, including a restocking fee, and the dollar or
percentage amount of each fee; and
(b) advise consumers that they are entitled to a written copy of the
store's refund policy upon request.
3. Enforcement. Any retail mercantile establishment which violates any
provision of this section shall be liable, for a period of up to thirty
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 and the buyer can verify the date of
the purchase with a receipt or any other purchase verification method
utilized by the retail merchant.
4. 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.