§ 218-a. Disclosure of refund policies. * 1. Every retail mercantile
establishment shall conspicuously post, in the following manner, its
refund policy as to all goods, wares or merchandise offered to the
public for sale:

(a) on a sign attached to the item itself; or

(b) on a sign affixed to each cash register or point of sale; or

(c) on a sign so situated as to be clearly visible to the buyer from
the cash register; or

(d) on a sign posted at each store entrance used by the public.

* NB Effective until August 7, 2025

* 1. Every retail mercantile establishment and online retailer shall
conspicuously post, in the following manner, its refund policy as to all
goods, wares or merchandise offered to the public for sale:

(a) on a sign attached to the item itself; or

(b) on a sign affixed to each cash register or point of sale; or

(c) on a sign so situated as to be clearly visible to the buyer from
the cash register; or

(d) on a sign posted at each store entrance used by the public; or

(e) in case of an online retailer, by a notice displayed or made
accessible by hyperlink near the item itself or by a notice displayed to
or made accessible by hyperlink by the consumer prior to requesting
billing information.

* NB Effective August 7, 2025

* 2. The sign, required by subdivision one of this section to be
posted in every retail mercantile establishment, shall (a) state whether
or not it is the policy of such establishment to give refunds and, if
so, under what conditions, including but not limited to whether a refund
will be given:

(i) on merchandise which had been advertised as "sale" merchandise or
marked "as is;"

(ii) on merchandise for which no proof of purchase exists;

(iii) at any time or not beyond a point in time specified;

(iv) in cash, or as credit or store credit only; or

(v) subject to any fees, including a restocking fee, and the dollar or
percentage amount of each fee; and

(b) advise consumers that they are entitled to a written copy of the
store's refund policy upon request.

* NB Effective until August 7, 2025

* 2. The sign, required by subdivision one of this section to be
posted in every retail mercantile establishment, and notice required by
subdivision one of this section, shall (a) state whether or not it is
the policy of such establishment or online retailer to give refunds and,
if so, under what conditions, including but not limited to whether a
refund will be given:

(i) on merchandise which had been advertised as "sale" merchandise or
marked "as is;"

(ii) on merchandise for which no proof of purchase exists;

(iii) at any time or not beyond a point in time specified;

(iv) in cash, or as credit or store credit only; or

(v) subject to any fees, including a restocking fee, and the dollar or
percentage amount of each fee; and

(b) advise consumers that they are entitled to a written copy of the
store's refund policy upon request.

* NB Effective August 7, 2025

* 3. Enforcement. Any retail mercantile establishment which violates
any provision of this section shall be liable, for a period of up to
thirty days from the date of purchase, to the buyer for a cash refund or
a credit, at the buyer's option, provided that the merchandise has not
been used or damaged by the buyer and the buyer can verify the date of
the purchase with a receipt or any other purchase verification method
utilized by the retail merchant.

* NB Effective until August 7, 2025

* 3. Enforcement. Any retail mercantile establishment or online
retailer which violates any provision of this section shall be liable,
for a period of up to thirty days from the date of purchase, to the
buyer for a cash refund or a credit, at the buyer's option, provided
that the merchandise has not been used or damaged by the buyer and the
buyer can verify the date of the purchase with a receipt or any other
purchase verification method utilized by the retail merchant.

* NB Effective August 7, 2025

4. Preemption. This section does not relieve any person, firm,
corporation or association subject to the provisions of this section
from complying with any law, ordinance, rule or regulation of any
locality relating to the posting of refund policies which affords the
buyer greater protection than do the provisions of this section.