3-6-12: RIGHT TO CANCEL PURCHASES:
Any person purchasing from any solicitor or peddler or salesman pursuant to any home solicitation shall have three (3) business days from the day of sale to cancel any sale or any security or any contract created during the consummation of the sale. Any licensee, salesman, solicitor, or peddler shall have an affirmative duty to inform any purchaser of that person’s right of cancellation. In the event of cancellation, the purchaser must make the product available to the seller at the purchaser’s residence in as good a condition as the product was when it was received for a period of twenty (20) days after the notice of cancellation. If the salesman does not retrieve the product within twenty (20) days from the date of notice of cancellation, the purchaser may retain or dispose of the products without any further obligation. If, however, the purchaser fails to make the goods available to the seller during regular business hours, or if the purchaser agrees to return the goods to the seller at an agreed upon location and fails to do so, then the purchaser will remain liable for performance of all of the obligations under the contract. To cancel any transaction pursuant to this section, a purchaser must mail or deliver a signed and dated copy of the cancellation notice to the seller at the seller’s place of business, not later than twelve o’clock (12:00) midnight of the third business day following the consummation of the sale. “Business days” are defined as Monday through Friday from nine o’clock (9:00) A.M. to five o’clock (5:00) P.M. Notice of cancellation shall not be required to carry the specific words “cancel or cancellation”, but shall simply be worded in such a manner that any reasonable person would be on notice that the transaction has been absolutely and unequivocally canceled. (Ord. 628, 6-1-2021)