749.01 DEFINITIONS.

   As used in this chapter, certain terms are defined as follows:

   (a)    "Home solicitations sales" means a sale of consumer goods or services in which the seller or a person acting for him engages in a personal solicitation of the sale at a residence of the buyer, including solicitations in response to or following an invitation by the buyer, and the buyer's agreement or offer to purchase is there given to the seller or a person acting for him, or in which the buyer's agreement or offer to purchase is made at a place other than the seller's place of business. It does not include a transaction or transactions in which:

      (1)    The total purchase price to be paid by the buyer, whether under single or multiple contracts, is less than twenty-five dollars ($25.00);

      (2)    The transaction was conducted and consummated entirely by mail or by telephone if initiated by the buyer and without any other contact between the seller or his representative prior to the delivery of goods or performance of the service;

      (3)    The final agreement is made pursuant to prior negotiations in the course of a visit by the buyer to a retail business establishment having a fixed permanent location where the goods are exhibited or the services are offered for sale on a continuing basis;

      (4)    The buyer initiates the contract between the parties for the purpose of negotiating a purchase and the seller has a business establishment at a fixed location in this State where the goods or services involved in the transaction are regularly offered or exhibited for sale.

         Advertisements by such a seller in newspapers, magazines, catalogues, radio or television do not constitute the seller initiation of the contract:

      (5)    The buyer initiates the contract between the parties, the goods or services are needed to meet a bona fide immediate personal emergency of the buyer which will jeopardize the welfare, health or safety of natural persons or endangers property which the buyer owns or for which he is responsible, and the buyer furnishes the seller with a separate, dated and signed statement in the buyer's handwriting describing the situation requiring immediate remedy and expressly acknowledging and waiving the right to cancel the sale within three business days.

      (6)    The buyer has initiated the contract between the parties and specifically requested the seller to visit his home for the purpose of repairing or performing maintenance upon the buyer's personal property, if, in the course of such a visit, the seller sells the buyer additional services or goods other than replacement parts necessarily used in performing the maintenance or in making the repairs, the sale of those additional goods or services does not fall within this exclusion;

      (7)    The buyer is accorded the right of rescission by the "Consumer Credit Protection Act", (1968) 82 Stat. 152 15 U.S.C. 1635, or regulations adopted pursuant thereto.

   (b)   "Sale" includes a lease or rental.

   (c)    "Seller" includes a lessor or any one offering goods for rent.

   (d)    "Buyer" includes a lessee or anyone who gives a consideration for the privilege of using goods.

   (e)    "Consumer goods or services" means goods or services purchased, leased or rented primarily for personal, family or household purposes, including courses of instruction or training regardless of the purpose for which they are taken.

   (f)    "Consumer goods or services" does not include goods or services pertaining to any of the following:

      (1)    Sales or rentals of real property by a real estate broker or salesman other than limited real estate brokers or salesmen, licensed by the Ohio Real Estate Commission under Ohio R.C. Chapter 4735;

      (2)    The sale of securities or commodities by a broker-dealer registered with the Securities and Exchange Commission;

      (3)    The sale of securities or commodities by a securities dealer or salesman licensed by the Division of Securities under Ohio R.C. Chapter 1707;

      (4)    The sale of insurance by a person licensed by the Superintendent of Insurance;

      (5)    Goods sold or services provided by automobile dealers and salesmen licensed by the Registrar of Motor Vehicles under Ohio R.C. Chapter 4517;

      (6)    The sale of property at an auction by an auctioneer licensed by the Department of Commerce under Ohio R.C. Chapter 4707.

   (g) "Purchase price" means the total cumulative price of the consumer goods or services, including all interest and service charges.

   (h)    "Place of business" means the main office, or a permanent branch office or permanent local address of a seller.

   (i)    "Business day" means any calendar day except Sunday, or the following business holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day and Christmas Day. (Ord. 7-75. Passed 2-4-75.)