NY Pers Prop L § 426 (2021)
2021 New York Laws PEP - Personal Property Article 10-A - Door-to-Door Sales Protection Act 426 - Definitions.

§ 426. Definitions. In this article:   1.  "Door-to-door sale" shall mean a sale, lease or rental of consumer goods or services in which the seller or his  representative  personally solicits  the  sale,  including  those  in  response  to or following an invitation by the buyer, and the buyer's agreement or offer to  purchase is  made  at a place other than the place of business of the seller. The term "door-to-door sale" does not include a transaction:  (a) made pursuant to prior negotiations in the course of  a  visit  by the  buyer  to  a retail business establishment having a fixed permanent location where the goods are exhibited or the services are  offered  for sale on a continuing basis; or  (b)  in  which  the  buyer  has initiated the contact and the goods or services are needed to meet a bona fide immediate personal emergency  of the  buyer, and the buyer furnishes the seller with a separate dated and signed personal statement in  the  buyer's  handwriting  describing  the situation  requiring  immediate  remedy  and expressly acknowledging and waiving the right to cancel the sale within three business days; or  (c) conducted and consummated  entirely  by  mail  or  telephone;  and without  any  other  contact  between  the  buyer  and the seller or its representative, other than at the place of business of the seller, prior to delivery of the goods or performance of the services; or  (d) in which the buyer has  initiated  the  contact  and  specifically requested  the  seller to visit his home for the purpose of repairing or performing maintenance upon the buyer's personal  property.  If  in  the course  of such a visit, the seller sells the buyer the right to receive additional services or goods other than  replacement  parts  necessarily used in performing the maintenance or in making the repairs, the sale of those additional goods or services would not fall within this exclusion; or  (e)  pertaining to the sale or rental of real property, to the sale of insurance or to the sale of securities or commodities by a broker-dealer registered with the securities and exchange commission; or  (f)  where  the  purchase  price  whether  under  single  or  multiple contracts,  does not exceed twenty-five dollars and the products, goods, or merchandise purchased is capable of delivery at one time.   2.  "Consumer  goods  or  services"  shall  mean  goods  or   services purchased, leased, or rented primarily for personal, family or household purposes, including courses of instruction or training regardless of the purpose for which they are taken.   3.  "Seller"  shall  mean  any  person,  partnership,  corporation  or association engaged in the the door-to-door sale of  consumer  goods  or services.   4.  "Place of business" shall mean the main or permanent branch office or local address of the seller.   5. "Purchase price" shall mean the total price paid or to be paid  for the  consumer  goods  or  services,  including  all interest and service charges.   6. "Business day" shall mean any calendar day except  Sunday,  or  the following  business  holidays:  New  Year's  Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans'  Day, Thanksgiving Day, and Christmas Day.   7.  (a)  "Personal  emergency  response  service"  shall  mean (i) the provision and maintenance of electronic communication equipment  in  the home  of  an  individual which signals a monitoring agency for help when activated by the individual, or after  a  period  of  time  if  a  timer mechanism  has  not  been  reset; (ii) the continuous monitoring of such signals by a trained operator and, in case of receipt  of  such  signal,  the  immediate  notification of such emergency response organizations or persons, if necessary, as the individual has previously specified.  (b) With respect to a "personal emergency response service" as defined in  paragraph  (a)  of  this subdivision, the provisions of this article shall apply to the purchase by a consumer of provision for such service, whether or not such purchase is made in a "door-to-door sale" as defined in subdivision one of this section, except where  applying  any  of  the provisions of this article conflicts with any provision of section three hundred  ninety-one-l  of  the  general  business law, in which case the provisions of section three hundred ninety-one-l of the general business law shall prevail. For this purpose, the transactional  exclusions  from the  definition  of  "door-to-door  sale"  contained  in  paragraphs (a) through (f) of subdivision one of this section shall not  apply  to  the sale  or  purchase  of  a personal emergency response service as defined herein, and the term "door-to-door sale" wherever used in  this  article shall  be  deemed  to  also mean any sale, lease or rental of a personal emergency response service to or by a consumer.