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A. Presentation: At the outset of every sales presentation the solicitor must state:

1. The full and true name of the caller.

2. The name of the business on whose behalf the call is being made.

3. The nature of the call.

B. Identification On Product: Every telemarketing business or factor must provide each customer the ability to contact the respective business factor by prominently displaying its name, address and telephone number on every shipping carton or envelope sent to a customer.

C. Right Of Return: Each purchaser or recipient has a right to return the merchandise or premiums within thirty (30) days after receipt if they do not conform to the representations of the solicitor, they are defective, or are not received in the time promised. The purchaser may request a full cash refund, credit, exchange or replacement, by stating in writing the reason for returning said items.

D. Credits And Refunds: If a purchaser meets the requirements of subsection C of this section, the seller must give the purchaser a full replacement or a refund within thirty (30) days, at the purchaser’s option, whether the payments were made to the seller, factor or any other person involved in the supplying of the disputed goods. In the event the factor deals with a seller which has failed to obtain a business license pursuant to this chapter, the factor shall be responsible for any refund, credit, exchange or replacement. Credits or refunds may be prorated if the purchaser returns only a portion of the advertising specialties.

E. Effective Date Of Return: The return of goods by a purchaser and delivery of a written explanation for the return shall be deemed effective as of its postmark if it has been deposited, properly addressed and postage prepaid, in the United States mail, or, if it was sent by other means, upon its receipt. Proof of return must be furnished by the purchaser upon request.

F. Promises Or Guaranties: If any promise or guaranty is made regarding the advertising specialties or premiums offered in the solicitation, the seller or solicitor must, within one (1) week after their delivery, provide the purchaser with a written guaranty containing the specific details of the guaranty.

G. Refund Policy Written: Every licensee must ensure that a written copy of the refund policy contained in this section is shipped with the advertising specialties. The refund policy shall also contain the name, business address and telephone number of the party responsible for refunds or other adjustments.

H. Prizes And Gifts: It is unlawful for any licensee or agent or employee thereof to notify any person by any means, as a part of an advertising plan or program, that a prize has been won, or that a gift will be received as an inducement to buy, with a requirement that the winner must pay a redemption fee or any consideration whatsoever in order to acquire the prize or gift. (Ord. 7-1-1988, 7-7-1988)