LAW OFFICE OF PAUL DEPETRIS
paul@newjerseylemon.com
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Sleep Number Beds

Every year, New Jersey consumers spend lots of money buying sleep number beds and sleep number mattresses from New Jersey sleep number  stores.  Sleep number beds and sleep number mattresses can be a source of problems for New Jersey consumers.  Sleep number beds and sleep number mattresses can cost thousands of dollars but may fail to work and you can’t get the assistance you need to get them fixed. What happens if you buy sleep number beds and sleep number mattresses in New Jersey from a New Jersey sleep number  store and the sleep number bed and sleep number mattress fails to work and can’t be fixed?

 

Did you buy sleep number bed and sleep number mattress from a New Jersey sleep number  store and it stopped working during the warranty period?  The Law Office of Paul DePetris offers help to New Jersey sleep number bed and sleep number mattress buyers who buy defective sleep number bed and sleep number mattress in New Jersey.   Don’t accept defective sleep number beds and sleep number mattress from New Jersey sleep number bed and sleep number mattress stores. 

 

The warranties that New Jersey sleep number bed and sleep number mattress stores provide to New Jersey sleep number bed and sleep number mattress purchasers may fail to help New Jersey lemon sleep number bed and sleep number mattress purchasers get their expensive New Jersey lemon sleep number bed and sleep number mattress fixed.  Why should you pay good money for high priced sleep number bed and sleep number mattress from a New Jersey sleep number bed and sleep number mattress store only to suffer with defective sleep number bed and sleep number mattress?   New Jersey sleep number beds and sleep number mattresses often come with manufacturer warranties.  Those warranties often cover repairs or replacements in a specific period of time.  However, New Jersey sleep number bed and sleep number mattress purchasers do not always get a replacement or the repairs needed to fix their sleep number bed and sleep number mattress.  Why suffer with a New Jersey lemon sleep number bed and sleep number mattress when you can get help?  There is no New Jersey bed or New Jersey mattress lemon law.  But there are strong laws that allow New Jersey lemon sleep number bed and sleep number mattress buyers to get refunds of money paid for defective sleep number bed and sleep number mattress plus attorney’s fees.  Why suffer with your New Jersey lemon sleep number bed and sleep number mattress when you should make the New Jersey sleep number store pay the cost of your troubles?  Don’t give up hope in getting help!

 

Did you buy a New Jersey sleep number bed and sleep number mattress and it was delivered dented, scratched or otherwise broken or you didn’t get the sleep number bed and sleep number mattress you ordered?   Don’t accept sleep number bed and sleep number mattress from New Jersey sleep number bed and sleep number mattress stores that are different from what you originally ordered at the store.  There are strict rules about New Jersey sleep number bed and sleep number mattress delivery for major electrical sleep number bed and sleep number mattress sold by New Jersey sleep number bed and sleep number mattress stores and you do not have to always accept New Jersey sleep number bed and sleep number mattress that are damaged or different from those that you ordered from the New Jersey sleep number bed and sleep number mattress store.  You do not always have to accept defective New Jersey sleep number bed and sleep number mattress!  You may be entitled to a full refund for the sleep number bed and sleep number mattress you bought from the New Jersey sleep number bed and sleep number mattress store.

 

Why guess about your rights?  Get a no obligation consultation from an experienced New Jersey furniture attorney.    Paul DePetris has prosecuted claims against New Jersey furniture stores, including one lawsuit against sleep number. 

 

New Jersey sleep number bed and sleep number mattress stores delivering major electrical sleep number bed and sleep number mattress in New Jersey must usually meet mandatory rules.  Below are the rules that may apply to your New Jersey sleep number bed and sleep number mattress delivery.

 

NEW JERSEY FURNITURE DELIVERY REGULATIONS

 

13:45A-5.1 DELIVERY PRACTICES; GENERALLY

a) Any person who is engaged in the sale of household furniture for which contracts of sale or sale orders are used for merchandise ordered for future delivery shall:

1) Deliver all of the ordered merchandise by or on the promised delivery date; or

2) Provide written notice to the consumer of the impossibility of meeting the promised

delivery date. The notice shall offer the consumer the option to cancel said order with a

prompt, full refund of any payments already made or to accept delivery at a specified

later time. Said written notice shall be provided prior to the delivery date.

b) In the event a seller fails to deliver all of the ordered merchandise on the promised delivery date and makes only a partial delivery, the seller shall comply with the notice requirement of (a) above. Said notice shall offer the consumer the option of cancelling the order with a prompt, full refund of any payments already made or accepting delivery of the balance of the ordered merchandise at a specified later date.

c) Failure to comply with (a) above shall constitute a deceptive practice under the Consumer Fraud Act.

d) For purposes of this rule, “household furniture” includes, but is not limited to, furniture, major electrical appliances, and such items as carpets and draperies.

e) For the purposes of this section, delivery of furniture or furnishings that are damaged or that are not the exact size, style, color or condition indicated on the sales contract, shall not constitute delivery as required by (a)1 above.

1) Upon receipt of such non-conforming merchandise, the consumer shall have the option of either accepting the furniture or of exercising any of the options set forth in (a)2 above.

13:45A-5.2 CONTRACT FORMS; DATE OF ORDER

a) The contract forms or sales documents shall show the date of the order and shall contain the following sentence in ten-point bold face type:

The merchandise you have ordered is promised for delivery to you on or

before (insert date or length of time agreed upon).

b) The blank for the delivery date referred to in (a) above shall be filled in by the seller at the time the contract of sale is entered into by the parties or when the sales documents are issued, either as a specific day of a specific month or as a length of time agreed upon by the buyer and seller (for example, “six weeks from date of order”). The date for delivery shall not be pre-printed in the contract prior to the time the contract of sale is entered into by the parties or when the sales documents are issued.

13:45A-5.3 CONTRACT FORM; DELAYED DELIVERY

a) The contract forms or sales documents shall conspicuously disclose the seller’s obligations in the case of delayed delivery in compliance with N.J.A.C. 13:45A-5.1 and shall contain, on the first page of the contract form or sales document, the following notice in ten-point bold face type:

If the merchandise ordered by you is not delivered by the promised

delivery date, (insert name of seller) must offer you the choice of (1)

canceling your order with a prompt, full refund of any payments you have

made, or (2) accepting delivery at a specific later date.

b) The provisions of this subchapter shall apply to any person who sells household furniture in or from the State of New Jersey or to any person located outside of the State of New Jersey who sells household furniture into this State.

c) It shall be unlawful for any person to use any contract or sales agreement that contains any terms, such as “all sales final,” “no cancellations” or “no refunds,” which violate or are contrary to the rights and responsibilities provided for by this rule. Any contract or sales agreement which contains such a provision shall be null and void and unenforceable.

13:45A-5.4 VIOLATIONS; SANCTIONS

Without limiting the prosecution of any other practices which may be unlawful under the

Consumer Fraud Act, N.J.S.A. 56:8-1 et seq., any violation of the provisions of this subchapter shall be subject to the sanctions of the New Jersey Consumer Fraud Act.

 

 

Every year, New Jersey consumers spend lots of money buying sleep number beds and sleep number mattresses from New Jersey sleep number  stores.  Sleep number beds and sleep number mattresses can be a source of problems for New Jersey consumers.  Sleep number beds and sleep number mattresses can cost thousands of dollars but may fail to work and you can’t get the assistance you need to get them fixed. What happens if you buy sleep number beds and sleep number mattresses in New Jersey from a New Jersey sleep number  store and the sleep number bed and sleep number mattress fails to work and can’t be fixed?

 

Did you buy sleep number bed and sleep number mattress from a New Jersey sleep number  store and it stopped working during the warranty period?  The Law Office of Paul DePetris offers help to New Jersey sleep number bed and sleep number mattress buyers who buy defective sleep number bed and sleep number mattress in New Jersey.   Don’t accept defective sleep number beds and sleep number mattress from New Jersey sleep number bed and sleep number mattress stores. 

 

The warranties that New Jersey sleep number bed and sleep number mattress stores provide to New Jersey sleep number bed and sleep number mattress purchasers may fail to help New Jersey lemon sleep number bed and sleep number mattress purchasers get their expensive New Jersey lemon sleep number bed and sleep number mattress fixed.  Why should you pay good money for high priced sleep number bed and sleep number mattress from a New Jersey sleep number bed and sleep number mattress store only to suffer with defective sleep number bed and sleep number mattress?   New Jersey sleep number beds and sleep number mattresses often come with manufacturer warranties.  Those warranties often cover repairs or replacements in a specific period of time.  However, New Jersey sleep number bed and sleep number mattress purchasers do not always get a replacement or the repairs needed to fix their sleep number bed and sleep number mattress.  Why suffer with a New Jersey lemon sleep number bed and sleep number mattress when you can get help?  There is no New Jersey bed or New Jersey mattress lemon law.  But there are strong laws that allow New Jersey lemon sleep number bed and sleep number mattress buyers to get refunds of money paid for defective sleep number bed and sleep number mattress plus attorney’s fees.  Why suffer with your New Jersey lemon sleep number bed and sleep number mattress when you should make the New Jersey sleep number store pay the cost of your troubles?  Don’t give up hope in getting help!

 

Did you buy a New Jersey sleep number bed and sleep number mattress and it was delivered dented, scratched or otherwise broken or you didn’t get the sleep number bed and sleep number mattress you ordered?   Don’t accept sleep number bed and sleep number mattress from New Jersey sleep number bed and sleep number mattress stores that are different from what you originally ordered at the store.  There are strict rules about New Jersey sleep number bed and sleep number mattress delivery for major electrical sleep number bed and sleep number mattress sold by New Jersey sleep number bed and sleep number mattress stores and you do not have to always accept New Jersey sleep number bed and sleep number mattress that are damaged or different from those that you ordered from the New Jersey sleep number bed and sleep number mattress store.  You do not always have to accept defective New Jersey sleep number bed and sleep number mattress!  You may be entitled to a full refund for the sleep number bed and sleep number mattress you bought from the New Jersey sleep number bed and sleep number mattress store.

 

Why guess about your rights?  Get a no obligation consultation from an experienced New Jersey furniture attorney.    Paul DePetris has prosecuted claims against New Jersey furniture stores, including one lawsuit against sleep number. 

 

New Jersey sleep number bed and sleep number mattress stores delivering major electrical sleep number bed and sleep number mattress in New Jersey must usually meet mandatory rules.  Below are the rules that may apply to your New Jersey sleep number bed and sleep number mattress delivery.

 

NEW JERSEY FURNITURE DELIVERY REGULATIONS

 

13:45A-5.1 DELIVERY PRACTICES; GENERALLY

a) Any person who is engaged in the sale of household furniture for which contracts of sale or sale orders are used for merchandise ordered for future delivery shall:

1) Deliver all of the ordered merchandise by or on the promised delivery date; or

2) Provide written notice to the consumer of the impossibility of meeting the promised

delivery date. The notice shall offer the consumer the option to cancel said order with a

prompt, full refund of any payments already made or to accept delivery at a specified

later time. Said written notice shall be provided prior to the delivery date.

b) In the event a seller fails to deliver all of the ordered merchandise on the promised delivery date and makes only a partial delivery, the seller shall comply with the notice requirement of (a) above. Said notice shall offer the consumer the option of cancelling the order with a prompt, full refund of any payments already made or accepting delivery of the balance of the ordered merchandise at a specified later date.

c) Failure to comply with (a) above shall constitute a deceptive practice under the Consumer Fraud Act.

d) For purposes of this rule, “household furniture” includes, but is not limited to, furniture, major electrical appliances, and such items as carpets and draperies.

e) For the purposes of this section, delivery of furniture or furnishings that are damaged or that are not the exact size, style, color or condition indicated on the sales contract, shall not constitute delivery as required by (a)1 above.

1) Upon receipt of such non-conforming merchandise, the consumer shall have the option of either accepting the furniture or of exercising any of the options set forth in (a)2 above.

13:45A-5.2 CONTRACT FORMS; DATE OF ORDER

a) The contract forms or sales documents shall show the date of the order and shall contain the following sentence in ten-point bold face type:

The merchandise you have ordered is promised for delivery to you on or

before (insert date or length of time agreed upon).

b) The blank for the delivery date referred to in (a) above shall be filled in by the seller at the time the contract of sale is entered into by the parties or when the sales documents are issued, either as a specific day of a specific month or as a length of time agreed upon by the buyer and seller (for example, “six weeks from date of order”). The date for delivery shall not be pre-printed in the contract prior to the time the contract of sale is entered into by the parties or when the sales documents are issued.

13:45A-5.3 CONTRACT FORM; DELAYED DELIVERY

a) The contract forms or sales documents shall conspicuously disclose the seller’s obligations in the case of delayed delivery in compliance with N.J.A.C. 13:45A-5.1 and shall contain, on the first page of the contract form or sales document, the following notice in ten-point bold face type:

If the merchandise ordered by you is not delivered by the promised

delivery date, (insert name of seller) must offer you the choice of (1)

canceling your order with a prompt, full refund of any payments you have

made, or (2) accepting delivery at a specific later date.

b) The provisions of this subchapter shall apply to any person who sells household furniture in or from the State of New Jersey or to any person located outside of the State of New Jersey who sells household furniture into this State.

c) It shall be unlawful for any person to use any contract or sales agreement that contains any terms, such as “all sales final,” “no cancellations” or “no refunds,” which violate or are contrary to the rights and responsibilities provided for by this rule. Any contract or sales agreement which contains such a provision shall be null and void and unenforceable.

13:45A-5.4 VIOLATIONS; SANCTIONS

Without limiting the prosecution of any other practices which may be unlawful under the

Consumer Fraud Act, N.J.S.A. 56:8-1 et seq., any violation of the provisions of this subchapter shall be subject to the sanctions of the New Jersey Consumer Fraud Act.

 

 

Every year, New Jersey consumers spend lots of money buying sleep number beds and sleep number mattresses from New Jersey sleep number  stores.  Sleep number beds and sleep number mattresses can be a source of problems for New Jersey consumers.  Sleep number beds and sleep number mattresses can cost thousands of dollars but may fail to work and you can’t get the assistance you need to get them fixed. What happens if you buy sleep number beds and sleep number mattresses in New Jersey from a New Jersey sleep number  store and the sleep number bed and sleep number mattress fails to work and can’t be fixed?

 

Did you buy sleep number bed and sleep number mattress from a New Jersey sleep number  store and it stopped working during the warranty period?  The Law Office of Paul DePetris offers help to New Jersey sleep number bed and sleep number mattress buyers who buy defective sleep number bed and sleep number mattress in New Jersey.   Don’t accept defective sleep number beds and sleep number mattress from New Jersey sleep number bed and sleep number mattress stores. 

 

The warranties that New Jersey sleep number bed and sleep number mattress stores provide to New Jersey sleep number bed and sleep number mattress purchasers may fail to help New Jersey lemon sleep number bed and sleep number mattress purchasers get their expensive New Jersey lemon sleep number bed and sleep number mattress fixed.  Why should you pay good money for high priced sleep number bed and sleep number mattress from a New Jersey sleep number bed and sleep number mattress store only to suffer with defective sleep number bed and sleep number mattress?   New Jersey sleep number beds and sleep number mattresses often come with manufacturer warranties.  Those warranties often cover repairs or replacements in a specific period of time.  However, New Jersey sleep number bed and sleep number mattress purchasers do not always get a replacement or the repairs needed to fix their sleep number bed and sleep number mattress.  Why suffer with a New Jersey lemon sleep number bed and sleep number mattress when you can get help?  There is no New Jersey bed or New Jersey mattress lemon law.  But there are strong laws that allow New Jersey lemon sleep number bed and sleep number mattress buyers to get refunds of money paid for defective sleep number bed and sleep number mattress plus attorney’s fees.  Why suffer with your New Jersey lemon sleep number bed and sleep number mattress when you should make the New Jersey sleep number store pay the cost of your troubles?  Don’t give up hope in getting help!

 

Did you buy a New Jersey sleep number bed and sleep number mattress and it was delivered dented, scratched or otherwise broken or you didn’t get the sleep number bed and sleep number mattress you ordered?   Don’t accept sleep number bed and sleep number mattress from New Jersey sleep number bed and sleep number mattress stores that are different from what you originally ordered at the store.  There are strict rules about New Jersey sleep number bed and sleep number mattress delivery for major electrical sleep number bed and sleep number mattress sold by New Jersey sleep number bed and sleep number mattress stores and you do not have to always accept New Jersey sleep number bed and sleep number mattress that are damaged or different from those that you ordered from the New Jersey sleep number bed and sleep number mattress store.  You do not always have to accept defective New Jersey sleep number bed and sleep number mattress!  You may be entitled to a full refund for the sleep number bed and sleep number mattress you bought from the New Jersey sleep number bed and sleep number mattress store.

 

Why guess about your rights?  Get a no obligation consultation from an experienced New Jersey furniture attorney.    Paul DePetris has prosecuted claims against New Jersey furniture stores, including one lawsuit against sleep number. 

 

New Jersey sleep number bed and sleep number mattress stores delivering major electrical sleep number bed and sleep number mattress in New Jersey must usually meet mandatory rules.  Below are the rules that may apply to your New Jersey sleep number bed and sleep number mattress delivery.

 

NEW JERSEY FURNITURE DELIVERY REGULATIONS

 

13:45A-5.1 DELIVERY PRACTICES; GENERALLY

a) Any person who is engaged in the sale of household furniture for which contracts of sale or sale orders are used for merchandise ordered for future delivery shall:

1) Deliver all of the ordered merchandise by or on the promised delivery date; or

2) Provide written notice to the consumer of the impossibility of meeting the promised

delivery date. The notice shall offer the consumer the option to cancel said order with a

prompt, full refund of any payments already made or to accept delivery at a specified

later time. Said written notice shall be provided prior to the delivery date.

b) In the event a seller fails to deliver all of the ordered merchandise on the promised delivery date and makes only a partial delivery, the seller shall comply with the notice requirement of (a) above. Said notice shall offer the consumer the option of cancelling the order with a prompt, full refund of any payments already made or accepting delivery of the balance of the ordered merchandise at a specified later date.

c) Failure to comply with (a) above shall constitute a deceptive practice under the Consumer Fraud Act.

d) For purposes of this rule, “household furniture” includes, but is not limited to, furniture, major electrical appliances, and such items as carpets and draperies.

e) For the purposes of this section, delivery of furniture or furnishings that are damaged or that are not the exact size, style, color or condition indicated on the sales contract, shall not constitute delivery as required by (a)1 above.

1) Upon receipt of such non-conforming merchandise, the consumer shall have the option of either accepting the furniture or of exercising any of the options set forth in (a)2 above.

13:45A-5.2 CONTRACT FORMS; DATE OF ORDER

a) The contract forms or sales documents shall show the date of the order and shall contain the following sentence in ten-point bold face type:

The merchandise you have ordered is promised for delivery to you on or

before (insert date or length of time agreed upon).

b) The blank for the delivery date referred to in (a) above shall be filled in by the seller at the time the contract of sale is entered into by the parties or when the sales documents are issued, either as a specific day of a specific month or as a length of time agreed upon by the buyer and seller (for example, “six weeks from date of order”). The date for delivery shall not be pre-printed in the contract prior to the time the contract of sale is entered into by the parties or when the sales documents are issued.

13:45A-5.3 CONTRACT FORM; DELAYED DELIVERY

a) The contract forms or sales documents shall conspicuously disclose the seller’s obligations in the case of delayed delivery in compliance with N.J.A.C. 13:45A-5.1 and shall contain, on the first page of the contract form or sales document, the following notice in ten-point bold face type:

If the merchandise ordered by you is not delivered by the promised

delivery date, (insert name of seller) must offer you the choice of (1)

canceling your order with a prompt, full refund of any payments you have

made, or (2) accepting delivery at a specific later date.

b) The provisions of this subchapter shall apply to any person who sells household furniture in or from the State of New Jersey or to any person located outside of the State of New Jersey who sells household furniture into this State.

c) It shall be unlawful for any person to use any contract or sales agreement that contains any terms, such as “all sales final,” “no cancellations” or “no refunds,” which violate or are contrary to the rights and responsibilities provided for by this rule. Any contract or sales agreement which contains such a provision shall be null and void and unenforceable.

13:45A-5.4 VIOLATIONS; SANCTIONS

Without limiting the prosecution of any other practices which may be unlawful under the

Consumer Fraud Act, N.J.S.A. 56:8-1 et seq., any violation of the provisions of this subchapter shall be subject to the sanctions of the New Jersey Consumer Fraud Act.

 

 

Every year, New Jersey consumers spend lots of money buying sleep number beds and sleep number mattresses from New Jersey sleep number  stores.  Sleep number beds and sleep number mattresses can be a source of problems for New Jersey consumers.  Sleep number beds and sleep number mattresses can cost thousands of dollars but may fail to work and you can’t get the assistance you need to get them fixed. What happens if you buy sleep number beds and sleep number mattresses in New Jersey from a New Jersey sleep number  store and the sleep number bed and sleep number mattress fails to work and can’t be fixed?

 

Did you buy sleep number bed and sleep number mattress from a New Jersey sleep number  store and it stopped working during the warranty period?  The Law Office of Paul DePetris offers help to New Jersey sleep number bed and sleep number mattress buyers who buy defective sleep number bed and sleep number mattress in New Jersey.   Don’t accept defective sleep number beds and sleep number mattress from New Jersey sleep number bed and sleep number mattress stores. 

 

The warranties that New Jersey sleep number bed and sleep number mattress stores provide to New Jersey sleep number bed and sleep number mattress purchasers may fail to help New Jersey lemon sleep number bed and sleep number mattress purchasers get their expensive New Jersey lemon sleep number bed and sleep number mattress fixed.  Why should you pay good money for high priced sleep number bed and sleep number mattress from a New Jersey sleep number bed and sleep number mattress store only to suffer with defective sleep number bed and sleep number mattress?   New Jersey sleep number beds and sleep number mattresses often come with manufacturer warranties.  Those warranties often cover repairs or replacements in a specific period of time.  However, New Jersey sleep number bed and sleep number mattress purchasers do not always get a replacement or the repairs needed to fix their sleep number bed and sleep number mattress.  Why suffer with a New Jersey lemon sleep number bed and sleep number mattress when you can get help?  There is no New Jersey bed or New Jersey mattress lemon law.  But there are strong laws that allow New Jersey lemon sleep number bed and sleep number mattress buyers to get refunds of money paid for defective sleep number bed and sleep number mattress plus attorney’s fees.  Why suffer with your New Jersey lemon sleep number bed and sleep number mattress when you should make the New Jersey sleep number store pay the cost of your troubles?  Don’t give up hope in getting help!

 

Did you buy a New Jersey sleep number bed and sleep number mattress and it was delivered dented, scratched or otherwise broken or you didn’t get the sleep number bed and sleep number mattress you ordered?   Don’t accept sleep number bed and sleep number mattress from New Jersey sleep number bed and sleep number mattress stores that are different from what you originally ordered at the store.  There are strict rules about New Jersey sleep number bed and sleep number mattress delivery for major electrical sleep number bed and sleep number mattress sold by New Jersey sleep number bed and sleep number mattress stores and you do not have to always accept New Jersey sleep number bed and sleep number mattress that are damaged or different from those that you ordered from the New Jersey sleep number bed and sleep number mattress store.  You do not always have to accept defective New Jersey sleep number bed and sleep number mattress!  You may be entitled to a full refund for the sleep number bed and sleep number mattress you bought from the New Jersey sleep number bed and sleep number mattress store.

 

Why guess about your rights?  Get a no obligation consultation from an experienced New Jersey furniture attorney.    Paul DePetris has prosecuted claims against New Jersey furniture stores, including one lawsuit against sleep number. 

 

New Jersey sleep number bed and sleep number mattress stores delivering major electrical sleep number bed and sleep number mattress in New Jersey must usually meet mandatory rules.  Below are the rules that may apply to your New Jersey sleep number bed and sleep number mattress delivery.

 

NEW JERSEY FURNITURE DELIVERY REGULATIONS

 

13:45A-5.1 DELIVERY PRACTICES; GENERALLY

a) Any person who is engaged in the sale of household furniture for which contracts of sale or sale orders are used for merchandise ordered for future delivery shall:

1) Deliver all of the ordered merchandise by or on the promised delivery date; or

2) Provide written notice to the consumer of the impossibility of meeting the promised

delivery date. The notice shall offer the consumer the option to cancel said order with a

prompt, full refund of any payments already made or to accept delivery at a specified

later time. Said written notice shall be provided prior to the delivery date.

b) In the event a seller fails to deliver all of the ordered merchandise on the promised delivery date and makes only a partial delivery, the seller shall comply with the notice requirement of (a) above. Said notice shall offer the consumer the option of cancelling the order with a prompt, full refund of any payments already made or accepting delivery of the balance of the ordered merchandise at a specified later date.

c) Failure to comply with (a) above shall constitute a deceptive practice under the Consumer Fraud Act.

d) For purposes of this rule, “household furniture” includes, but is not limited to, furniture, major electrical appliances, and such items as carpets and draperies.

e) For the purposes of this section, delivery of furniture or furnishings that are damaged or that are not the exact size, style, color or condition indicated on the sales contract, shall not constitute delivery as required by (a)1 above.

1) Upon receipt of such non-conforming merchandise, the consumer shall have the option of either accepting the furniture or of exercising any of the options set forth in (a)2 above.

13:45A-5.2 CONTRACT FORMS; DATE OF ORDER

a) The contract forms or sales documents shall show the date of the order and shall contain the following sentence in ten-point bold face type:

The merchandise you have ordered is promised for delivery to you on or

before (insert date or length of time agreed upon).

b) The blank for the delivery date referred to in (a) above shall be filled in by the seller at the time the contract of sale is entered into by the parties or when the sales documents are issued, either as a specific day of a specific month or as a length of time agreed upon by the buyer and seller (for example, “six weeks from date of order”). The date for delivery shall not be pre-printed in the contract prior to the time the contract of sale is entered into by the parties or when the sales documents are issued.

13:45A-5.3 CONTRACT FORM; DELAYED DELIVERY

a) The contract forms or sales documents shall conspicuously disclose the seller’s obligations in the case of delayed delivery in compliance with N.J.A.C. 13:45A-5.1 and shall contain, on the first page of the contract form or sales document, the following notice in ten-point bold face type:

If the merchandise ordered by you is not delivered by the promised

delivery date, (insert name of seller) must offer you the choice of (1)

canceling your order with a prompt, full refund of any payments you have

made, or (2) accepting delivery at a specific later date.

b) The provisions of this subchapter shall apply to any person who sells household furniture in or from the State of New Jersey or to any person located outside of the State of New Jersey who sells household furniture into this State.

c) It shall be unlawful for any person to use any contract or sales agreement that contains any terms, such as “all sales final,” “no cancellations” or “no refunds,” which violate or are contrary to the rights and responsibilities provided for by this rule. Any contract or sales agreement which contains such a provision shall be null and void and unenforceable.

13:45A-5.4 VIOLATIONS; SANCTIONS

Without limiting the prosecution of any other practices which may be unlawful under the

Consumer Fraud Act, N.J.S.A. 56:8-1 et seq., any violation of the provisions of this subchapter shall be subject to the sanctions of the New Jersey Consumer Fraud Act.

 

 

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