2010 New York Code
PEP - Personal Property
Article 10-A - (425 - 431) DOOR-TO-DOOR SALES PROTECTION ACT
428 - Form of notice; statement of buyer's rights.

§  428.  Form  of  notice;  statement  of  buyer's  rights.  1.  In  a
  door-to-door sale, the seller shall furnish to the buyer
    (a) a fully completed receipt or copy of any  contract  pertaining  to
  such  sale  at the time of its execution, which is in the same language,
  e.g.  Spanish, as that principally used in the oral  sales  presentation
  and  which  shows  the date of the transaction and contains the name and
  address of the seller, and in immediate proximity to the space  reserved
  in  the  contract for the signature of the buyer or on the front page of
  the receipt if a contract is not used and in  not  less  than  ten-point
  bold face type, a statement in substantially the following form:
    "YOU,  THE  BUYER,  MAY  CANCEL  THIS TRANSACTION AT ANY TIME PRIOR TO
  MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF  THIS  TRANSACTION.
  SEE  THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS
  RIGHT."
    (b) at the time the buyer signs the  door-to-door  sales  contract  or
  otherwise  agrees  to  buy consumer goods or services from the seller, a
  completed form in duplicate, captioned "NOTICE OF  CANCELLATION",  which
  shall  be attached to the contract or receipt and easily detachable, and
  which shall contain in not  less  than  ten-point  bold  face  type  the
  following information and statements in the same language, e.g. Spanish,
  as that used in the contract:
                            NOTICE OF CANCELLATION
  (enter  date  of  transaction) _________________________________________
  (Date)
    YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY  PENALTY  OR  OBLIGATION,
  WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE.
    IF  YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER
  THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL
  BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE  SELLER  OF
  YOUR  CANCELLATION  NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE
  TRANSACTION WILL BE CANCELLED.
    IF YOU  CANCEL,  YOU  MUST  MAKE  AVAILABLE  TO  THE  SELLER  AT  YOUR
  RESIDENCE,  IN  SUBSTANTIALLY  AS  GOOD  CONDITION AS WHEN RECEIVED, ANY
  GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU  MAY  IF  YOU
  WISH,  COMPLY  WITH  THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN
  SHIPMENT OF THE GOODS AT THE SELLER'S EXPENSE AND RISK.
    IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE  SELLER  DOES
  NOT  PICK  THEM  UP  WITHIN  TWENTY  DAYS  OF THE DATE OF YOUR NOTICE OF
  CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER
  OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF
  YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN  YOU
  REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT.
    TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF
  THIS  CANCELLATION  NOTICE  OR  ANY  OTHER  WRITTEN  NOTICE,  OR  SEND A
  TELEGRAM, TO
  (Name of Seller),        AT    Address of Seller
    __________________      _________________________________
    (Place of Business)       NOT LATER THAN MIDNIGHT OF
    __________________ __________________
    (Date)
    I HEREBY CANCEL THIS TRANSACTION.
    _________________
    (Date)
    ______________________________ (Buyer's Signature)
    and the seller shall complete both copies by entering the name of  the
  seller,  the  address of the seller's place of business, the date of the
  transaction, and the date, not  earlier  than  the  third  business  day

following  the  date  of  the  transaction,  by which the buyer may give
  notice of cancellation.
    2.  In a door-to-door sale, the seller shall inform each buyer orally,
  at the time he signs the contract or purchases the goods or services, of
  his right to cancel. Until the seller has complied  with  this  section,
  the  buyer  or  any  other person obligated for any part of the purchase
  price may cancel the door-to-door sale by notifying the  seller  in  any
  manner  and  by  any  means  of  his  intention  to  cancel.  The period
  prescribed by subdivision one of section four hundred twenty-seven shall
  begin to run from the time the seller complies with this section.
    3. A door-to-door sales contract or  receipt  shall  not  include  any
  confession  of  judgment or any waiver of any of the rights to which the
  buyer is entitled under this article including specifically his right to
  cancel the sale in accordance with the provisions of this article.
    4.  A  door-to-door  sales  contract   or   receipt   shall   disclose
  conspicuously  the  seller's  refund  policy  as  to all goods, wares or
  merchandise subject to the door-to-door sales agreement. If  the  seller
  fails  to  disclose conspicuously the applicable refund policy, then the
  seller shall be liable to the buyer for a cash refund of the total price
  or a credit of the total price, at the  buyer's  option,  provided  that
  within  twenty  days  from the date of delivery of the purchased item or
  items,  the  buyer  makes  a  demand  therefor  and  provided  that  the
  merchandise  is  in  substantially as good condition as when received by
  the buyer. In no event shall this subdivision be deemed to  supercede  a
  refund  policy  of a seller which allows return of merchandise more than
  twenty days after the date of delivery of the purchased item  or  items.
  The  amount  paid  by  the  buyer  to  the  seller  shall be refunded or
  credited, as the case may be, within ten business days from the date  of
  return of the seller's merchandise in substantially as good condition as
  when received by the buyer.
    5.  This  section  does  not  relieve any person, firm, corporation or
  association subject to the provisions of  this  section  from  complying
  with any other applicable law, ordinance, rule or regulation relating to
  refund  policies  which affords the buyer greater protection than do the
  provisions of this section.