§ 20-164.1. Retail sales establishments; refunds.

(a)

Definitions:

Point of sale means that place in a retail sales establishment at which the total cost of retail items being sold is calculated and a receipt, invoice, or other document as proof of purchase or for inventory or internal control is generated.

Retail sale means the sale of goods for the use or consumption by consumers as defined in Broward County Code Section 20-160(c) or for the benefit or satisfaction which the consumer may derive from the use and consumption of the goods by another, including, but not limited to, gift recipients. Retail Sales do not include the sale of goods for resale by the purchaser.

Retail sales establishment or retailer means any and all businesses that in any way engage in retail sales in Broward County.

(b)

Whenever a retail sales establishment does not permit a money back refund policy or has any restriction on its policy, it shall post a sign at the point of sale in bold lettering one inch high stating its policy. If a retail sales establishment's policy provides that no refunds, exchanges, or credits are allowed, the retailer shall post a sign as stated above disclosing its no-refund policy. If a retail sales establishment's refund policy contains any prerequisites to receiving a refund or exchange, the retailer shall post a sign as stated above stating the terms, conditions, and time limitations of its refund or exchange policy in detail, including, but not limited to, the disclosure of all terms and conditions pertaining to gift recipients, as well as any requirement that a receipt be produced for refunds or exchanges.

(c)

If a retail sales establishment fails to post a sign, then upon request, and provided the item is still in its original package, the retailer shall refund all monies paid, credit the purchaser's credit account, or offer a merchandise exchange, at the consumer's option. The consumer must return the item within thirty (30) days after purchase in order to receive a refund, credit, or exchange pursuant to this section. Such refund, credit, or exchange must be given to the consumer immediately upon the consumer's return of the item.

(d)

The provisions of this section shall not apply to food, perishable goods, goods which are custom-made, or which are custom-altered at the request of the consumer, or goods which are special ordered, as long as the receipt so states, or goods which cannot be resold because of any valid law or regulation promulgated by a governmental body.

(e)

Failure to post a sign required by this section is an unfair or deceptive trade act or practice.

(f)

Failure to make a refund required by subsection (c) is an unfair or deceptive trade act or practice.

(Ord. No. 1999-57, § 1, 10-26-99)