West Virginia Code § 46-2-326

Sale on approval and sale or return; rights of creditors
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(1) Unless otherwise agreed, if delivered goods may be returned by the buyer even though
they conform to the contract, the transaction is:
(a) A "sale on approval" if the goods are delivered primarily for use, and
(b) A "sale or return" if the goods are delivered primarily for resale.
(2) Goods held on approval are not subject to the claims of the buyer's creditors until
acceptance; goods held on sale or return are subject to such claims while in the buyer's
possession.
(3) Any "or return" term of a contract for sale is to be treated as a separate contract for sale
within the statute of frauds section of this article (sectaion 2-201) and as contradicting the
sale aspect of the contract within the provisions of this article on parol or extrinsic evidence
(section 2-202). l

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