399-M - Disclosures in advertisement and sale of unassembled goods.
§ 399-m. Disclosures in advertisement and sale of unassembled goods. 1. For the purposes of this section, unassembled merchandise shall mean goods, wares or other merchandise which is comprised of more than six separate parts or units other than nuts, bolts, screws or other similar devices used to connect or fasten, which is sold unassembled, and which is manufactured on or after January first, nineteen hundred seventy-six. 2. No person, firm, partnership, association or corporation or agent or employee thereof shall sell or offer for sale merchandise which is unassembled unless a sign placed in close proximity to the merchandise, or the box or other container in which the merchandise is offered for sale has thereon a notice in English, which sets forth (a) a statement that the merchandise must be assembled prior to use; (b) a listing of tools necessary for assembly or use; and (c) a listing of any additional parts not supplied by the seller or manufacturer, necessary for assembly or use; and the box or other container contains simple, clear and accurate instructions for assembly and use in English. For the purposes of the foregoing, a sign placed in close proximity to the merchandise should be clear and conspicuous and a notice indicated on or affixed to a box or other container in which the merchandise is offered for sale shall be printed in not less than twelve-point bold face type. Where notice required by this section is given by a sign placed in close proximity to the merchandise, as provided herein, the retail purchaser shall have the right to return the merchandise within a reasonable period of time and not unduly worn or damaged for a full refund. 3. No person, firm, partnership, association or corporation or agent or employee thereof shall sell or offer for sale at retail, merchandise which is unassembled but is on display in an assembled condition unless a sign indicating that the product must be assembled is prominently placed in close proximity to the display. 4. No person, firm, partnership, association or corporation or agent or employee thereof shall advertise for sale at retail any merchandise which is unassembled unless said advertisement prominently sets forth the fact that the merchandise is unassembled and must be assembled prior to use. 5. A violation of this section shall entitle the buyer to cancel or rescind the purchase and obtain a refund of the entire amount paid by him. 6. Whenever there shall be a violation of this section, an application may also be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violation; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated this section, an injunction may be issued by such court or justice, enjoining and restraining any further violation, without requiring proof that any person has, in fact, been injured or damaged thereby. In any such proceeding the court may make allowances to the attorney general as provided in paragraph six of subdivision (a) of section eighty-three hundred three of the civil practice law and rules, and direct restitution. In connection with any such proposed application, the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules. 7. The provisions of this section shall not apply to unassembled model kits and toy and hobby products, the primary purpose of which is assembly by the consumer as a recreational activity.8. The requirement of this section to provide notice, on the package in which merchandise is offered for sale, or by a sign in close proximity to the merchandise, that such merchandise is unassembled shall not apply to merchandise which is purchased for the purpose of being connected to or installed in conjunction with other property, real or personal.