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This entry was published on 2014-09-22
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SECTION 399-M
Disclosures in advertisement and sale of unassembled goods
General Business (GBS) CHAPTER 20, ARTICLE 26
§ 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.