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Part 5: Specific Business and Industry Regulations
(a) Definitions.
Jewelry. "Jewelry" means unset rare gems, precious stones and semi-precious stones, and articles for personal wear which contain rare gems, precious stones or semi-precious stones.
Standard of monetary value. "Standard of monetary value" means the basis for measurement such as retail replacement value, wholesale value, or resale value.
(b) Jewelry appraisals – requirements.
(1) Every written appraisal must state the standard of monetary value used, clearly and on the same side of the paper that contains the appraised value. If the standard used is the retail replacement value, the appraisal form must contain a notice which states clearly and conspicuously:
(i) that the appraisal value is the approximate price at which retail jewelry stores would sell the item;
(ii) that the consumer should not expect to be able to sell the item at the appraised value;
(iii) that appraisers' opinions as to the value of jewelry vary by as much as 25 percent; and
(iv) that the appraiser does not guarantee that it will buy the item from the consumer if the consumer desires to resell it in the future. (If the appraiser is willing to make such a guarantee, then it must state the price at which it will buy the item.) This disclosure need not be made if the appraiser never buys jewelry from members of the public.
(2) Example: The following notice would satisfy the requirements of 6 RCNY § 5-47(b), in the case of an appraiser who also buys from the public and who is not willing to make any guarantees concerning purchase:
Notice – This appraisal tells you the approximate price at which you could replace this article with comparable merchandise at a retail jewelry store which normally sells jewelry of like quality. You should not expect to be able to sell the article for this amount. The opinions of appraisers concerning value vary by up to 25 percent. This company does not promise to buy the article from you at the appraised value or at any fraction of the appraised value.
(c) Jewelry sales – requirements. A seller who offers to sell an article of jewelry for more than $75.00 must give to the buyer, at or before the time of sale, a written sales slip which conspicuously contains:
(1) the price;
(2) in the case of a diamond or any article containing a diamond, the weight of the diamond(s) stated in the manner and within the limits of tolerance established by the Federal Trade Commission; and
(3) a description of the article, stating all materials of which it is composed. [If a synthetic gem's composition is a trade secret, its trade name may be disclosed instead of its actual composition; in such a case, the words "imitation" or "synthetic" must be placed immediately before or after the trade name.]
(d) Sales and appraisals – prohibited practices. A seller may not mislead the consumer about any characteristic of the jewelry, including its type, kind, name, grade, quality, quantity, size, weight, cut, color, character, substance, durability, origin, prior ownership, price or value.
(a) Mail order sellers who conduct business in New York City or who advertise a New York City mailing address must, within 30 days of receiving an order:
(1) deliver or mail the ordered merchandise; or
(2) make a full refund; or
(3) inform the consumer in writing of the time delivery is anticipated, and offer to send a refund within one week if the consumer wishes to cancel the order; or
(4) inform the consumer in writing of the intent to substitute an equal or better item if the consumer wishes to cancel the order (the seller must describe in detail how the substituted item differs from the one ordered); or
(5) send the consumer a substitute item of equal or better quality together with:
(i) a written notice offering, without condition, to accept the return of the item, at the seller's expense, within 14 days of delivery; and
(ii) a business reply label, and an explanation that the consumer may return the item by resealing it, affixing the label, and mailing it to the seller without postage; and
(iii) a postage-paid letter or card on which the consumer may indicate whether the consumer wishes the purchase price to be refunded or credited to his account. The consumer's request entered on this card or letter must be honored within two weeks of the time the seller receives the items.
(b) In this section, substitute items of "equal or better" quality means items that are substantially similar to the items ordered, that fit the purposes for which the ordered items were intended; and that are not normally offered by the seller at a lower price than the price of the ordered items.
(c) 6 RCNY § 5-48(a) does not apply to:
(1) items ordered under an open-end credit plan (as defined in the federal Truth-in-Lending law) or under any other credit plan which was opened prior to the mail order in question and which permits the consumer to make future purchases; or
(2) items, such as quarterly magazines, which by their nature are not produced until a future date, and so cannot be stocked at the time of the order; or
(3) installments, other than the first, of items ordered for serial delivery, such as magazine subscriptions. The 30-day period of 6 RCNY § 5-48(a) does not apply when all advertising for the item conspicuously specifies a different time period by which delivery may be expected. One week after this specified time elapses, the requirements of 6 RCNY § 5-48(a) must be met.
(d) Any mail order seller using a Post Office Box address or Private Mail Service Box in its advertisements or promotional material (including order blanks and forms) must conspicuously disclose both the legal name of the company in accordance with 6 RCNY § 5-01 "Legal Name" and the complete street address from which the business is actually conducted on all advertisements and promotional material.
"Door-to-door sales" means the offering for sale, lease or rental of consumer goods or services at a location other than the seller's place of business. A seller engaging or planning to engage in a door-to-door sale must, during the initial contact, including telephone contact, with a prospective buyer, clearly state that the purpose of the seller's visit will be to make a sale.
(a) Scope. This section applies to the sale of furniture and major appliances for use in a home. Furniture includes chairs, tables, cabinets, desks, sofas, carpets, beds and chests. This section does not apply to furniture which is in substantial part custom-made. Major appliances include air conditioners, audio and video equipment, clothes dryers and washing machines, dishwashers, freezers, refrigerators, stoves, ranges, ovens, sewing machines, and televisions. This section does not apply to sales of major appliances which have a purchase price of two hundred dollars or less.
(b) Disclosure.
(1) When a consumer orders furniture or a major appliance, the seller must disclose an estimated delivery date or range of delivery dates, conspicuously on the consumer's copy of the order.
(2) When a seller will not be able to deliver furniture or a major appliance by the latest estimated delivery date disclosed on the order, the seller must immediately notify the consumer in writing of:
(i) the delay;
(ii) a new estimated delivery date or range of delivery dates; and
(iii) the consumer's options, as set forth in 6 RCNY § 5-50(d), if delivery is not made by the latest estimated delivery date on the order. The seller does not need to notify the consumer of a delay in delivery if the delay is caused entirely by the consumer.
(c) Seller's extension of time due to strike. When a delay in a delivery is caused by a strike, the seller is entitled to an additional amount of time equal to the duration of the strike to make the delivery.
(d) Consumer options if a seller fails to deliver.
(1) When a seller does not deliver furniture or a major appliance by the latest estimated delivery date on the order, unless the seller's time has been extended because of a strike, the consumer can:
(i) cancel the order and request a refund; or
(ii) cancel the order and request a credit for the full amount paid; or
(iii) negotiate a new delivery date; or
(iv) select new furniture or another major appliance.
(2) If the consumer cancels the order and requests a full refund or a credit for the full amount paid, the seller must give the consumer the full refund or credit for the full amount paid within two weeks of the consumer's request.
(3) If the consumer negotiates a new delivery date, the new date chosen shall replace the latest delivery date stated on the original order. The consumer shall have the same rights with respect to the new date as if it were the latest delivery date disclosed on the original order.
(4) This subdivision (d) does not apply if the delay or failure to deliver is caused entirely by the consumer.
A retail seller of motor vehicle gasoline:
(a) must afford all persons the opportunity to purchase gasoline on the same terms and conditions, except as otherwise provided by law;
(b) may not represent falsely that gasoline is unavailable for sale;
(c) may not require the purchase of any other service or product as a condition to the purchase of gasoline;
(d) may not require membership in any group as a condition to the purchase of gasoline; and
(e) may not sell gasoline only to prior customers, or represent that sales are so restricted.
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