§ 6-13.2-2 - Definitions.
SECTION 6-13.2-2
§ 6-13.2-2 Definitions. – The following words as used in this chapter, unless a different meaning isrequired by the context or is specifically prescribed, shall have the followingmeanings:
(1) "Advertisement" means any oral, written, or graphicstatement or representation made in connection with the solicitation ofbusiness in any manner for the purpose of soliciting a consumer in this stateby a seller and includes, without limitation because of enumeration, statementsand representations, but does not include price tags or in-store signs, orprinted in any sales literature or brochure excepting catalogs. The terms"producer", "manufacturer", "wholesaler", "importer", or words of similarmeaning mean sellers that are engaged in resales, not sellers of products orservices for consumer personal, family, or household use or consumption. Noprice comparison may be made by a seller for precious metal and stones atwholesale, wholesale prices, factory prices, or the like. If the prices for thesale being offered are the net cost prices retailers usually and customarilypay when they buy that merchandise for resale, sales may be termed net costsales and in that event sellers may advertise cost prices providing thesubstantiation of net cost prices that are maintained for six (6) months. In noevent may retailers, in their departments that sell precious metals or stones,hold themselves nor their sale as wholesalers or as wholesale prices orotherwise;
(2) "Consumer property" means precious metals and stones soldprimarily for personal, family, gift, or household use and not for resale orfor use or consumption in a trade or business. For purposes of this chapter,"consumer property" includes "merchandise";
(3) "Date", as applied to "date on which a price comparisonis stated in the advertisement" in newspapers or other printed publications,means either the date of publication or distribution or the date on which thecompleted advertising copy is submitted to the printer for final printing andpublication, provided the submission date does not exceed thirty (30) days fromthe date of actual publication or distribution;
(4) "Precious metal" means metals which are prized because ofchemical and physical properties (notably resistance to corrosion, hardness,strength, and beauty) desirable in jewelry, coinage, and objects of art, andwhich are at the same time relatively rare or inexpensive. Gold, silver, andthe six (6) metals of the platinum group are usually considered precious metals;
(5) "Precious stones" means one of the three (3) traditionalcategories of natural gemstones, the most valuable, as distinguished fromsemi-precious and decorative. Diamond, ruby, emerald, sapphire and pearl havelong been considered "precious," but, in accordance with their spiralingprices, alexandrite, black opal, cat's eye, demantoid and jadeite are includedin this category;
(6) "Price comparison" means the comparison, whether or notexpressed wholly or in part in dollars, cents, fractions or percentages, in anadvertisement, of a seller's current price for consumer property or serviceswith any other price or statement of value for consumer property, whether ornot these prices are actually stated in the advertisement; or, the making ofprice reductions claims or savings claims with respect to the seller's currentprice. The term includes, but shall not be limited to, such comparisons as"fifty percent off ", "up to seventy percent off ", "save one-third","half-price" sale, "thirty percent to seventy percent off ", "was twentydollars, now half price", "ten dollar value, now eight dollars", "was sevendollars now six dollars", "list price fifty dollars our price twenty-ninedollars", "clearance price", or "liquidation price";
(7) "Sale" means a reduction from the seller's price at whichconsumer property is offered to the public for a fixed period of time; and
(8) "Seller" means a person engaged in the sale of consumerproperty and includes individuals, corporations, partnerships, associations andany other form of business organization or entity. The term shall not includebanks, savings and loan associations, insurance companies, and public utilities.