A.
It shall be a violation to sell any consumer goods or services at
a greater price than the price displayed or advertised. The selling
price shall be clearly stamped, tagged, labeled or otherwise marked
in Arabic numerals on each item of consumer goods offered for sale
in the City of Yonkers.
B.
The provisions of Subsection A of this section shall not apply to the following consumer goods, provided that the selling price and the unit of measure are plainly and clearly displayed in Arabic numerals on a sign clearly designating the particular consumer goods to which it refers and located as close as practicable and closer than any other sign to the location at which the goods are displayed:
(1)
Fresh milk.
(2)
Fresh eggs.
(3)
Items such as gum, candy and cigarettes offered for sale in single
packages.
(4)
Food sold for consumption on premises.
(5)
Food or other goods sold from vending machines operated by the consumer.
(6)
Fresh produce which is not packaged prior to sale; displayed for
sale in bulk; and is either packaged for or by the consumer at the
time of sale.
(7)
Nonfood consumer goods which are not packaged prior to sale; displayed
for sale in bulk; and are either packaged for or by the consumer at
the time of sale.
(8)
Nonfood consumer goods offered for a period of seven days or less
on sale on good faith at a price below the price such commodities
are usually sold for in the store, provided that the sale price is
clearly indicated to the consumer at both the point of display of
such goods and at the point of sale.
(9)
Nonfood consumer goods which are subject to uniform, across-the-board
price changes in the ordinary course of business, and which are customarily
marked in good faith either with an alphabetic or color code referring
directly to the corresponding numerical prices displayed on signs;
provided, however, that such corresponding price signs are clearly
visible to the consumer at both the point of display and at the point
of sale of said goods.
C.
It shall be a violation of this code to:
(1)
Stamp, label, tag or otherwise mark any item of consumer goods at
a selling price greater than the price advertised or displayed for
that item.
(2)
Stamp, label, tag or otherwise mark more than one selling price upon
an item of consumer goods offered for sale in Yonkers unless the prior
selling price is unmistakably deleted or obliterated or is otherwise
marked so as to indicate clearly that the prior selling price is not
the current selling price.
(3)
Sell or offer for sale any consumer goods or services at a greater
price than the price displayed or advertised.
A.
It shall be a violation of this code to sell or to offer for sale
any consumer goods unless the designation "TX" or "TAX" shall be clearly
marked immediately after the marked selling price of each item upon
which the merchant is required to collect a sales tax for any taxing
authority.
It shall be a violation of this code:
A.
In the sale, rental or repair of consumer goods and/or the sale of
consumer services, to sell or deliver any defective consumer goods
with knowledge thereof, unless each item is plainly marked as defective
and the nature of the defect is clearly shown or stated.
B.
To offer for sale or lease consumer goods which are not new and to
advertise such goods without disclosing that they are not new. Words
such as "used" or, where applicable, "antique," "demonstrator's
floor model," "rebuilt," "renovated," "restyled" or remodeled may
be used to indicate that the goods are not new. "Floor model" shall
be defined as any item which is sold from the floor or a display in
a particular case but which is not regularly sold from the floor or
from such a display.
C.
To utilize any register, machine or any other device for the purpose
of itemizing or totaling consumer sales, which register, machine or
device does not display on at least one side, visible to the consumer,
the cost of each item purchased plus the tax and total cost of all
items purchased.
D.
To cause, allow or approve the package, obstruction or concealment from the view of the consumer of any display required in Subsection C of this section on a register, machine, device or part thereof used to itemize and/or total sales to such consumer.
E.
To cause, allow or approve the blockage, obstruction or concealment
from the view of the consumer of any scale, machine, weighing device
or part thereof used to weigh or indicate the weight of consumer goods
offered for sale to consumers in the City of Yonkers. As used herein,
the meaning of the terms "blockage, obstruction, concealment" shall
include but not be limited to the placing of any merchandise, display,
partition or counter within eight inches of the top or sides of a
weighing device; or any act which prevents the consumer from viewing
the items weighed and the indication of the weight of that item. This
subsection shall not apply to weighing devices used to indicate the
weight of consumer goods packaged by the merchant in advance of being
sold, offered for sale or exposed for sale, where such consumer goods
have affixed to the package a label clearly indicating the weight
of the goods.
F.
To fail to give notice, by a sign prominently displayed at the cash
register or at the store entrance and by a clearly printed statement
on all sales receipts, of the existence of any present policy regarding
refunds, credit or exchange on unused goods. This subsection shall
not apply to the sale of food items, perishable items, items sold
"as is" or special sale items.
G.
To refuse reasonable requests to sell to a consumer, when practicable,
food items in smaller quantities than those that are packaged by the
retailer.
A.
It is a deceptive practice in the sale or lease or the offering for
sale or lease of consumer goods for any person, including any business
entity which sells or leases merchandise (hereinafter referred to
as "the seller") to fail to disclose an estimated delivery date or
an estimated range of delivery dates, conspicuously in writing on
the contract for the sale of merchandise, at the time the order is
taken and to fail to deliver the merchandise by the latest date promised
or stated for delivery, except in conformity with this regulation.
B.
The seller must deliver the merchandise no later than the last date
for delivery disclosed on the contract unless the customer is notified,
in writing or by verbal communication supplemented within one day
by a writing, of the delay and the anticipated delivery date or range
of delivery dates.
C.
If the merchandise has not been delivered within 30 days of the originally
promised date, the seller must, at the option of the customer:
D.
The customer shall be notified in writing of these options prior to the expiration of this thirty-day period. When the customer requests a refund pursuant to the provisions of this regulation, the refund must be made within two weeks of the request. When a partial delivery has been made, Subsections B and C apply to the order. When a delay in delivery beyond the originally promised date is caused by a strike, the delivery date can be extended by an amount of time equal to the duration of the strike.
E.
When the seller fails to conform to this section and/or upon negotiating
a new delivery date fails to meet this new delivery date, five-percent
monthly interest shall be paid to the consumer on the money deposited.
F.
There is no violation of this section when the failure to deliver
is caused solely by the consumer.
G.
Nothing in this regulation shall be construed to waive any right
that a customer has under the common law or by statute.
It shall be a violation for any merchant engaged in the sale
of automobiles to fail to disclose an estimated delivery date or an
estimated range of delivery dates, conspicuously in writing on the
contract for the sale of the automobile(s), at the time the order
is taken. It shall be a violation to fail to deliver the automobile
by the latest date promised as stated for delivery except as herein
provided:
A.
The merchant shall deliver the automobile no later than the last
date for delivery disclosed on the contract unless the consumer is
notified, in writing or by oral communication confirmed in writing
within one day, of the delay and the anticipated date or range or
delivery dates.
B.
If the automobile has not been delivered within 45 days of the estimated
delivery date, the consumer at his option may:
C.
The merchant shall notify the consumer in writing of these options
within 45 days of the estimated delivery date. When a consumer requests
a refund pursuant to the provisions of this section, the refund must
be made within two weeks of the request.
D.
When a delay in the delivery beyond the originally promised date is caused by a strike, the amount of time of the delay equal to the duration of the strike shall not be counted in computing the 45 days referred to in Subsection B of this section.
E.
There is no violation of this section when the failure to deliver
is caused by the consumer.
A.
It shall be a violation of this code for any merchant or other person
engaged in the sale of consumer services to be performed in the future
to fail to:
A.
It shall be a violation for a merchant removing consumer goods from
the possession of the consumer for the purpose of repair:
(2)
To fail to secure a written authorization signed by the consumer
to repair the consumer goods at the written estimated price before
commencing work.
(3)
To fail to deliver upon request by the consumer any part replaced
unless the consumer had knowledge that such part was defective and
in need of replacement at the time he relinquished possession to the
merchant, e.g., torn auto upholstery, broken auto windows, watch crystals
or radio cases, or unless the consumer expressly waives this requirement
in writing. Exhibit and tender of a replaced part to the consumer
in lieu of delivery is sufficient where such part:
(4)
To charge a total price, excluding tax, which is more than 20% above
the written estimate, unless a revised estimate has been submitted
and accepted by the consumer.
(5)
To fail to deliver the repaired item, together with a final bill
for the work completed on the promised completion date, unless the
consumer is notified in writing of the delay and the anticipated completion
date. If complete repair is delayed for an unreasonable period of
time, the consumer shall have the right to the immediate return of
the property without charge.
B.
The estimate of repair price may be orally communicated to the consumer
if:
(1)
By reason of time and/or distance, it is impractical to deliver a
written estimate and obtain a signed authorization before the day
agreed upon for repairs to commence; and
C.
The provisions in this section relating to written estimates and
signed authorization for work to commence shall be applicable to home
improvements, repairs and additions. It shall be a violation of this
code for a contractor to fail to commence and complete home improvement
repairs and additions on the date agreed upon with the consumer unless:
