(a) No person (including any business entity), who conducts a mail order or catalog business in or from the city or advertises a city mailing address, shall accept money through the mails from a consumer for merchandise ordered by mail or telephone and then permit six weeks to elapse without:
(1) delivering or mailing the merchandise ordered; or
(2) making a full refund; or
(3) sending the customer a prior letter or notice advising him of the duration of an expected delay or the substitution of merchandise of equivalent or superior quality, and offering to send him a refund within one week if he so requests; or
(4) sending the consumer substituted merchandise of equivalent or superior quality, with a guarantee that should the merchandise be unacceptable, the seller will accept the return of the merchandise at the seller’s expense and that the purchase price will be refunded.
(b) For purposes of Subparagraphs (a)(3) and (a)(4), above, merchandise may not be considered of “equivalent or superior quality” if it is not substantially similar to the goods ordered, or not fit for the purposes intended, or if the seller normally offers the substituted merchandise at a price lower than the price of the merchandise ordered. (Ord. 13795)