Section 105.01 Prohibited Acts
It shall constitute an unfair and deceptive trade act and
practice in commerce under
9 V.S.A.
Section 2453(a) for a seller
or solicitor:
(a) To advertise or
promise prompt delivery unless, at the time of the advertising or promise, the
seller or solicitor has taken reasonable action to ensure prompt
delivery;
(b) To fail to deliver by
the delivery date goods ordered by mail or otherwise on which payment has been
made or undertaken, in the form of a deposit, down payment or total payment
where a definite delivery date has been set unless the seller can show
circumstances beyond his control and not within his knowledge at the time the
order was accepted which prevented the seller from meeting the delivery
date;
(c) To accept an order for
goods or services where the seller knows that delivery of such goods or
services cannot be made within six weeks, unless a later delivery date is
agreed upon, in writing if the order is written, by the buyer and the seller;
provided, however, that if the seller does not know whether the goods or
services can be delivered within six weeks, acceptance of the order shall not
be considered to be an unfair or deceptive act if, prior to accepting the
order, the seller advises the buyer, in writing if the order is written, that
the delivery date is unknown;
(d)
To accept money from a consumer for goods ordered by mail, telephone, or
otherwise and then, unless a later delivery date is specifically agreed upon in
writing by the buyer and seller, to permit six weeks to elapse without:
(1) Making shipment or delivery of the goods
ordered, as long as such goods conform to samples submitted or to
specifications upon which the sale is consummated or induced, or to the
representations made prior to securing the order; or
(2) Making a full refund; or
(3) Advising the consumer of the duration of
an extended delay and offering to send him an immediate refund, or to send or
deliver the ordered goods when they become available, whichever the consumer so
requests, and, in such case, to act according to the consumer's request;
or
(4) In the case of mail orders
and/or mail delivery, furnishing substitute goods of equivalent or superior
value and quality as a good faith substitute. In such case, the consumer shall
have the right to return such goods, and if the consumer should return the
goods to the seller, the seller shall, within fourteen days of the seller's
receipt of the goods, refund the amount of money paid by the consumer,
including all shipping costs.
Section 105.02 Definition
For the purposes of this rule, goods may not be considered
"substitute goods of equivalent or superior value or quality" if they are not
substantially similar to the goods ordered, or are not fit for the purposes
intended or if the seller normally offers the substituted goods at a price
lower than the price of the goods ordered.Statutory Authority;
9 V.S.A.
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2453
