367.585 Duties of the seller.
(1) No seller in connection with the use of a negative option plan shall refuse to credit,
for the full invoiced amount thereof, the return of any selection sent to a subscriber, <br>and to guarantee to the postal service or the subscriber postage adequate to return <br>such selection to the seller, when: <br>(a) The selection is sent to a subscriber whose form indicating that he does not
want to receive the selection was received by the seller by the return date or <br>was mailed by the subscriber by the mailing date;
(b) Such form is received by the seller after the return date, but has been mailed
by the subscriber and postmarked at least three (3) days prior to the return <br>date;
(c) Prior to the date of shipment of such selection, the seller has received from a
contract-complete subscriber, a written notice of cancellation of membership <br>adequately identifying the subscriber; however, this provision is applicable <br>only to the first selection sent to a canceling contract-complete subscriber after <br>the seller has received written notice of cancellation. After the first selection <br>shipment, all selection shipments, thereafter are deemed to be unsolicited as <br>defined in KRS 365.710;
(d) The announcement and form are not received by the subscriber in time to
afford him at least ten (10) days in which to mail his form.
(2) No seller shall:
(a) Fail to notify a subscriber known by the seller to be within any of the
circumstances set forth in subsection (1) of this section, that if the subscriber <br>elects, the subscriber may return the selection with return postage guaranteed <br>and receive a credit to his account.
(b) Refuse to ship within four (4) weeks after receipt of an order merchandise due
subscribers as introductory and bonus merchandise, unless the seller is unable <br>to deliver the merchandise originally offered due to unanticipated <br>circumstances beyond the seller's control and promptly makes a reasonably <br>equivalent alternative offer. However, where the subscriber refuses to accept <br>alternatively offered introductory merchandise, but instead insists upon <br>termination of his membership due to the seller's failure to provide the <br>subscriber with his originally requested introductory merchandise, or any <br>portion thereof, the seller must comply with the subscriber's request for <br>cancellation of membership, provided the subscriber returns to the seller any <br>introductory merchandise which already may have been sent him.
(c) Fail to terminate promptly the membership of a properly identified contract-
complete subscriber upon his written request.
(d) Ship, without the express consent of the subscriber, substituted merchandise
for that ordered by the subscriber.
Effective: June 17, 1978 <br>History: Created 1978 Ky. Acts ch. 304, sec. 4, effective June 17, 1978.
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