Borough of Seaside Heights, NJ Article VI Display of Refund Policy for Retail Mercantile Establishments

§ 122-27 Definitions.

As provided for in this article, the following terms shall have the following definitions:

MERCHANDISE

shall mean any object, wares, goods, commodities or any other tangible items offered, directly or indirectly, to the public for sale.

PROOF OF PURCHASE

shall mean a receipt, bill, credit card slip or any other form of evidence which constitutes reasonable proof of purchase.

RETAIL MERCANTILE ESTABLISHMENT

shall mean any place of business where merchandise is exposed or offered for sale at retail to members of the consuming public.

§ 122-28 Posting of refund policy.

Every retail mercantile establishment shall conspicuously post its refund policy as to all merchandise for sale on a white sign with two-inch black lettering. The sign should be placed in at least one of the following locations:

A. Affixed to each cash register or point of sale and so situated as to be clearly visible to the buyer from the cash register; or

B. Posted at each store entrance used by the public.

§ 122-29 Contents of sign.

The sign posted pursuant to § 122-28 of this chapter shall state whether or not it is the policy of such establishment to give refunds and under what conditions a refund will be given. The sign shall include a statement on whether a refund will be given:

A. On merchandise which has been advertised as sale merchandise or marked as is;

B. On merchandise for which no proof of purchase exists;

C. At any time or not beyond a point in time specified; or

D. In cash, as a credit or as a store credit only.

§ 122-30 Exceptions to requirement of posting of signs.

The provisions of this article requiring a retail mercantile establishment to post a sign revealing its refund policy shall not apply to a retail mercantile establishment or department that has a policy of providing, in connection with the return of its unused and undamaged merchandise within a period of up to 20 days after the date of purchase:

A. A cash refund for a cash purchase; or

B. Issuing a credit for a credit purchase, which credit is applied to the account on which the purchase was debited.

§ 122-31 Penalties; refunds or credits to buyers.

A retail mercantile establishment violating any provision of this article shall:

A. Any person violating or failing to comply with any other provision of this article shall, upon conviction thereof, be punishable by a fine of no less than $100 and no more than $1,000, by imprisonment not to exceed 90 days or by community service of not more than 90 days or any combination of fine, imprisonment and community service, as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.

B. The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.

C. For up to 20 days from the date of purchase, be liable to the buyer of any merchandise for a cash refund or a credit, at the buyer's option, provided that the merchandise has not been used or damaged by the buyer.