2023 New York Laws › PEP - Personal Property › Article 10-A - Door-to-Door Sales Protection Act › 428 - Form of Notice; Statement of Buyer's Rights.

§  428.  Form  of  notice;  statement  of  buyer's  rights.  1.  In  a
door-to-door sale, the seller shall furnish to the buyer
(a) a fully completed receipt or copy of any  contract  pertaining  to
such  sale  at the time of its execution, which is in the same language,
e.g.  Spanish, as that principally used in the oral  sales  presentation
and  which  shows  the date of the transaction and contains the name and
address of the seller, and in immediate proximity to the space  reserved
in  the  contract for the signature of the buyer or on the front page of
the receipt if a contract is not used and in  not  less  than  ten-point
bold face type, a statement in substantially the following form:
"YOU,  THE  BUYER,  MAY  CANCEL  THIS TRANSACTION AT ANY TIME PRIOR TO
MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF  THIS  TRANSACTION.
SEE  THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS
RIGHT."
(b) at the time the buyer signs the  door-to-door  sales  contract  or
otherwise  agrees  to  buy consumer goods or services from the seller, a
completed form in duplicate, captioned "NOTICE OF  CANCELLATION",  which
shall  be attached to the contract or receipt and easily detachable, and
which shall contain in not  less  than  ten-point  bold  face  type  the
following information and statements in the same language, e.g. Spanish,
as that used in the contract:
NOTICE OF CANCELLATION
(enter  date  of  transaction) _________________________________________
(Date)
YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY  PENALTY  OR  OBLIGATION,
WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE.
IF  YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER
THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL
BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE  SELLER  OF
YOUR  CANCELLATION  NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE
TRANSACTION WILL BE CANCELLED.
IF YOU  CANCEL,  YOU  MUST  MAKE  AVAILABLE  TO  THE  SELLER  AT  YOUR
RESIDENCE,  IN  SUBSTANTIALLY  AS  GOOD  CONDITION AS WHEN RECEIVED, ANY
GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU  MAY  IF  YOU
WISH,  COMPLY  WITH  THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN
SHIPMENT OF THE GOODS AT THE SELLER'S EXPENSE AND RISK.
IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE  SELLER  DOES
NOT  PICK  THEM  UP  WITHIN  TWENTY  DAYS  OF THE DATE OF YOUR NOTICE OF
CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER
OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF
YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN  YOU
REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT.
TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF
THIS  CANCELLATION  NOTICE  OR  ANY  OTHER  WRITTEN  NOTICE,  OR  SEND A
TELEGRAM, TO
(Name of Seller),        AT    Address of Seller
__________________      _________________________________
Place of Business)       NOT LATER THAN MIDNIGHT OF
__________________ __________________
(Date)
I HEREBY CANCEL THIS TRANSACTION.
_________________
(Date)
______________________________ (Buyer's Signature)
and the seller shall complete both copies by entering the name of  the
seller,  the  address of the seller's place of business, the date of the
transaction, and the date, not  earlier  than  the  third  business  day

following  the  date  of  the  transaction,  by which the buyer may give
notice of cancellation.
2.  In a door-to-door sale, the seller shall inform each buyer orally,
at the time he signs the contract or purchases the goods or services, of
his right to cancel. Until the seller has complied  with  this  section,
the  buyer  or  any  other person obligated for any part of the purchase
price may cancel the door-to-door sale by notifying the  seller  in  any
manner  and  by  any  means  of  his  intention  to  cancel.  The period
prescribed by subdivision one of section four hundred twenty-seven shall
begin to run from the time the seller complies with this section.
3. A door-to-door sales contract or  receipt  shall  not  include  any
confession  of  judgment or any waiver of any of the rights to which the
buyer is entitled under this article including specifically his right to
cancel the sale in accordance with the provisions of this article.
4.  A  door-to-door  sales  contract   or   receipt   shall   disclose
conspicuously  the  seller's  refund  policy  as  to all goods, wares or
merchandise subject to the door-to-door sales agreement. If  the  seller
fails  to  disclose conspicuously the applicable refund policy, then the
seller shall be liable to the buyer for a cash refund of the total price
or a credit of the total price, at the  buyer's  option,  provided  that
within  twenty  days  from the date of delivery of the purchased item or
items,  the  buyer  makes  a  demand  therefor  and  provided  that  the
merchandise  is  in  substantially as good condition as when received by
the buyer. In no event shall this subdivision be deemed to  supercede  a
refund  policy  of a seller which allows return of merchandise more than
twenty days after the date of delivery of the purchased item  or  items.
The  amount  paid  by  the  buyer  to  the  seller  shall be refunded or
credited, as the case may be, within ten business days from the date  of
return of the seller's merchandise in substantially as good condition as
when received by the buyer.
5.  This  section  does  not  relieve any person, firm, corporation or
association subject to the provisions of  this  section  from  complying
with any other applicable law, ordinance, rule or regulation relating to
refund  policies  which affords the buyer greater protection than do the
provisions of this section.