{"data":{"id":"us-ky/krs-367.585","jurisdiction":"us-ky","citation":"KRS 367.585","heading":"Duties of the seller.","body":"(1) No seller in connection with the use of a negative option plan shall refuse to credit,\nfor the full invoiced amount thereof, the return of any selection sent to a subscriber,\nand to guarantee to the postal service or the subscriber postage adequate to retu rn\nsuch selection to the seller, when:\n(a) The selection is sent to a subscriber whose form indicating that he does not\nwant to receive the selection was received by the seller by the return date or\nwas mailed by the subscriber by the mailing date;\n(b) Such form is received by the seller after the return date, but has been mailed\nby the subscriber and postmarked at least three (3) days prior to the return\ndate;\n(c) Prior to the date of shipment of such selection, the seller has received from a\ncontract-complete subscriber, a written notice of cancellation of membership\nadequately identifying the subscriber; however, this provision is applicable\nonly to the first selection sent to a canceling contract-complete subscriber after\nthe seller has received written notice of cancellation. After the first selection\nshipment, all selection shipments, thereafter are deemed to be unsolicited as\ndefined in KRS 365.710;\n(d) The announcement and form are not received by the subscriber in time to\nafford him at least ten (10) days in which to mail his form.\n(2) No seller shall:\n(a) Fail to notify a subscriber known by the seller to be within any of the\ncircumstances set forth in subsection (1) of this section, that if the subscriber\nelects, the subscriber may return the select ion with return postage guaranteed\nand receive a credit to his account.\n(b) Refuse to ship within four (4) weeks after receipt of an order merchandise due\nsubscribers as introductory and bonus merchandise, unless the seller is unable\nto deliver the merchan dise originally offered due to unanticipated\ncircumstances beyond the seller's control and promptly makes a reasonably\nequivalent alternative offer. However, where the subscriber refuses to accept\nalternatively offered introductory merchandise, but instead  insists upon\ntermination of his membership due to the seller's failure to provide the\nsubscriber with his originally requested introductory merchandise, or any\nportion thereof, the seller must comply with the subscriber's request for\ncancellation of membe rship, provided the subscriber returns to the seller any\nintroductory merchandise which already may have been sent him.\n(c) Fail to terminate promptly the membership of a properly identified contract -\ncomplete subscriber upon his written request.\n(d) Ship, without the express consent of the subscriber, substituted merchandise\nfor that ordered by the subscriber.","path":["KRS Chapter 367"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=35022","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:04Z","sha256":"308d423cbf9a6274e5d6f73e962e93994522189bb26235d685a17d9f18eb6d32","source_id":"us-ky","stale":false,"prev":"us-ky/krs-367.580","next":"us-ky/krs-367.600"},"notice":"GroundRules: Original legal text. Not legal advice."}