Delivery date of goods, exception
When someone orders something from a buying club, the club has to deliver the item or have it ready for pickup within six weeks. If that does not happen, the member can ask for their money back. The only exception is if the club told the member in writing about a specific delivery date at the time of the order, and the item arrives by that date. For furniture or custom-made items, the club has to say in the contract that delivery dates cannot be predicted. The club also has to be honest that any savings claims are based on real prices from real stores in the local area. A contract that does not follow these rules cannot be enforced.
407.674. date of goods, — savings , requirements — contracts not in , . — 1. Every contract shall provide that if any goods, except furniture or , ed by the member from the , are not delivered to the member or available for pick-up by the member at the location where the order was placed within six weeks from the date the member placed an order for such goods, then any payment by the member for such goods in advance of delivery shall, upon the member's request, be fully refunded, unless a predetermined delivery date has been furnished to the member in writing at the time he or she ordered such goods and the goods are delivered to the member or available for pick-up by that date. Every contract shall disclose that delivery dates for furniture or custom manufactured goods cannot be predicted, if such is the case.
2. Every contract shall provide that all savings claims made by the buying club are based on price comparisons with retailers doing business in the who sell or offer for sale the same or goods and at the prices the goods are actually sold or offered for sale by such retailers.
3. Any contract which does not comply with subsections 1 and 2 of this section shall be .
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Source & history notes
(L. 1988 H.B. 988)
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