N.Y. General Business Law § 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.