§ 396-m. Mail-order or telephone-order merchandise. 1. This section\nshall apply to any mail-order business or any telephone order business\nwhich is located in this state or advertises a New York state mailing\naddress or telephone number.\n 2. Definitions, as used in this section:\n a. "mail-order business" shall mean a business which is engaged in the\nsolicitation of orders by advertisement or otherwise for merchandise or\nservices connected with merchandise to be shipped to the customer\nthrough the mail or by other carrier, upon receipt of an order with\npayment or with charge account authorization remitted through the mail,\nelectronic mail or the Internet or by telephone and the merchandise by\nits nature is ready for use or consumption when advertised or offered\nfor sale and can be held in stock.\n b. "merchandise" shall mean tangible chattels bought for personal,\nfamily or household purposes.\n c. "shipment" shall mean the act whereby the seller physically places\nthe merchandise into the possession of the United States postal service\nor other carrier.\n d. "telephone order business" shall mean a mail order business which\naccepts orders by telephone, or a business which is primarily engaged in\nthe solicitation of orders by advertisement or otherwise for merchandise\nor services connected with merchandise to be shipped to the customer\nthrough the mail or by other carrier, upon receipt of an order with\ncharge account authorization remitted by telephone and the merchandise\nby its nature is ready for use or consumption when advertised or offered\nfor sale and can be held in stock.\n e. "accepts orders" shall mean, in the case of a mail order, receipt\nof an order with payment or with charge account authorization remitted\nthrough the mail, electronic mail or the Internet, and, in the case of a\ntelephone order, receipt of an order with charge account authorization\nand debiting the buyer's account.\n 3. No person, partnership, firm, association or corporation or agent\nor employee thereof who conducts a mail-order business or a telephone\norder business shall:\n a. advertise for sale merchandise which is not reasonably anticipated\nto be available for shipment within thirty days from date of publication\nor broadcast of advertisement or from date catalog or circular is\nmailed, unless a longer period of time is clearly and conspicuously\nstated in such advertisement. Whenever the term "thirty days" appears in\nthis section, such term shall include a longer period of time if clearly\nand conspicuously stated in such advertisement.\n b. accept orders for merchandise which is not reasonably anticipated\nto be available for shipment within thirty days from the date of receipt\nof the order together with payment or with charge account authorization\nin the case of an order remitted through the mail, electronic mail or\nthe Internet or within thirty days from the date the seller debits the\nbuyer's account in the case of an order placed by telephone.\n c. unless the seller qualifies and elects to be governed by paragraph\ni, fail to either ship ordered merchandise or issue a refund (if payment\nhas been remitted) for ordered merchandise which is not available within\nthirty days of receipt of order and payment therefor.\n d. unless the seller qualifies and elects to be governed by\nparagragraph i, fail to either ship ordered merchandise or issue a\ncredit (if charge-account authorization has been given and exercised by\nseller) for ordered merchandise which is not available within thirty\ndays of receipt of order and charge-account authorization therefor.\n e. fail to issue a refund or credit the customer's account if\npromised, upon demand of the customer within thirty days from the date\nof receipt of request for such refund provided the merchandise has been\nreturned, if required.\n f. fail to maintain a record of each complaint alleging failure to\nship merchandise or furnish services connected with me
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