2013 New York Consolidated Laws
GBS - General Business
Article 26 - (390 - 399-ZZZ) MISCELLANEOUS
399-M - Disclosures in advertisement and sale of unassembled goods.

 
    §  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.