NY Gen Bus L § 399-M (2021)
2021 New York Laws GBS - General Business Article 26 - 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.