§ 5-48 Mail Orders.
RCNY § 5-48
(a)Mail order sellers who conduct business in New York City or who advertise a New York City mailing address must, within 30 days of receiving an order: (1) deliver or mail the ordered merchandise; or (2) make a full refund; or (3) inform the consumer in writing of the time delivery is anticipated, and offer to send a refund within one week if the consumer wishes to cancel the order; or (4) inform the consumer in writing of the intent to substitute an equal or better item if the consumer wishes to cancel the order (the seller must describe in detail how the substituted item differs from the one ordered); or (5) send the consumer a substitute item of equal or better quality together with: (i) a written notice offering, without condition, to accept the return of the item, at the seller's expense, within 14 days of delivery; and (ii) a business reply label, and an explanation that the consumer may return the item by resealing it, affixing the label, and mailing it to the seller without postage; and (iii) a postage-paid letter or card on which the consumer may indicate whether the consumer wishes the purchase price to be refunded or credited to his account. The consumer's request entered on this card or letter must be honored within two weeks of the time the seller receives the items.
(b)In this section, substitute items of "equal or better" quality means items that are substantially similar to the items ordered, that fit the purposes for which the ordered items were intended; and that are not normally offered by the seller at a lower price than the price of the ordered items.
(c)6 RCNY § 5-48(a) does not apply to: (1) items ordered under an open-end credit plan (as defined in the federal Truth-in-Lending law) or under any other credit plan which was opened prior to the mail order in question and which permits the consumer to make future purchases; or (2) items, such as quarterly magazines, which by their nature are not produced until a future date, and so cannot be stocked at the time of the order; or (3) installments, other than the first, of items ordered for serial delivery, such as magazine subscriptions. The 30-day period of 6 RCNY § 5-48(a) does not apply when all advertising for the item conspicuously specifies a different time period by which delivery may be expected. One week after this specified time elapses, the requirements of 6 RCNY § 5-48(a) must be met.
(d)Any mail order seller using a Post Office Box address or Private Mail Service Box in its advertisements or promotional material (including order blanks and forms) must conspicuously disclose both the legal name of the company in accordance with 6 RCNY § 5-01 "Legal Name" and the complete street address from which the business is actually conducted on all advertisements and promotional material.
