2013 Kentucky Revised Statutes
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367.585 Duties of the seller.
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, and to guarantee to the postal service or the subscriber postage
adequate to return such selection to the seller, when:
(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 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 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 adequately identifying the subscriber; however, this provision
is applicable only to the first selection sent to a canceling
contract-complete subscriber after the seller has received written notice of
cancellation. After the first selection shipment, all selection shipments,
thereafter are deemed to be unsolicited as 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.
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 elects, the subscriber may return the selection with return
postage guaranteed 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 to deliver the merchandise originally offered due to
unanticipated circumstances beyond the seller's control and promptly
makes a reasonably equivalent alternative offer. However, where the
subscriber refuses to accept alternatively offered introductory
merchandise, but instead insists upon termination of his membership due
to the seller's failure to provide the subscriber with his originally requested
introductory merchandise, or any portion thereof, the seller must comply
with the subscriber's request for cancellation of membership, provided the
subscriber returns to the seller any 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
History: Created 1978 Ky. Acts ch. 304, sec. 4, effective June 17, 1978.
CHAPTER 367 - CONSUMER PROTECTION
367.585 Duties of the seller.
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