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2021 Hawaii Revised Statutes
Title 26. Trade Regulation and Practice
481B. Unfair and Deceptive Practices
PART I. MISCELLANEOUS PROVISIONS
- 481B-1 Unsolicited goods, etc., unconditional gift.
- 481B-1.5 Same, commercial mail order buying clubs.
- 481B-1.6 Offers of gifts or prizes; unlawful.
- 481B-2 Aid to handicapped, misrepresentation as to.
- 481B-3 Certificate.
- 481B-4 Remedies.
- 481B-5 REPEALED
- 481B-5.5 Returns for refunds, merchandise credits, and exchanges. (a) As used in this section, unless the context otherwise requires: "Ancillary charges" includes all charges paid to the merchant that are necessary for the use of the goods for their purchased purpose and all sums paid for agreements for service, warranty, or replacement. "Conspicuous sign" means a sign posted in the merchant's place of business in a location reasonably calculated to bring the sign to the attention of purchasers before a purchaser makes a purchase. "Exchange" means a transaction between a merchant and a purchaser in which a previously purchased item is exchanged for another item. "Full amount of the payment" includes the amount paid for the returned goods, including any ancillary charges or taxes incident to the purchase of the returned goods, and without any deduction for restocking of the merchant's inventory, or for administration of the refund, exchange, or merchandise credit. "Merchandise credit" means the crediting to the purchaser of the full amount of the payment upon return of the goods and allowing the purchaser to purchase goods from the merchant with the merchandise credit, or applying to the purchaser's credit account with the merchant, in the amount of the merchandise credit. "Merchant" means any person engaged in the business of offering goods for sale to purchasers at retail. "Proof of purchase" means a sales slip, receipt, credit card slip, or any other documentation that substantiates the sale of the goods from the merchant and the amount of payment. "Purchaser" means a natural person who is returning goods that were purchased or received primarily for personal, family, or household purposes. "Refund" means the return to the purchaser of the full amount of the payment upon return of the goods, in accordance with this section. "Repacking and transportation charges" means the charges for repacking, pick up, and transportation
- 481B-6 Sale of solar energy devices; disclosure requirements.
- 481B-7 Sale of computers; disclosure requirements.
- 481B-11 Sensitivity-awareness group seminars.
- 481B-12 Credit repair organizations.
- 481B-13 Gift certificates.
- 481B-14 Hotel or restaurant service charge; hotel porterage service charge; disposition.
- 481B-15 Ticket brokers; fees; cancellation.
- 481B-16 Protection of military; lending practices.
Cross References
Additional penalties for fraud committed against elders, see 480-13.5.
Financial institution name fraud, see 412:2-606.5.
Tour activity providers and activity desks, see chapter 468M.
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