2023 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.