Title 6 — Commerce and Trade
89 chapters · 627 sections in this title.
6 Del. C. § 4201. Statement of purpose.
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§ 4201. Statement of purpose. The purpose of this chapter is to safeguard the public interest against fraud, deceit and financial hardship, and to foster and encourage competition, fair dealing and prosperity in the field of health spa services by prohibiting false and misleading…
6 Del. C. § 4202. Definitions.
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§ 4202. Definitions. As used in this chapter: (1) “Business day” means any day except a Sunday or legal holiday. (2) “Buyer” means a natural person who enters into a health spa contract. (3) “Contract price” means the sum of the initiation fee, if any, and all fees except interes…
6 Del. C. § 4203. Registration.
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§ 4203. Registration. (a) It shall be unlawful for any health spa to offer, advertise, or execute or cause to be executed by the buyer any health spa contract in this State unless the health spa at the time of the offer, advertisement, sale or execution of a health spa contract h…
6 Del. C. § 4204. Health Spa Guaranty Fund.
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§ 4204. Health Spa Guaranty Fund. (a) The Director of the Division of Consumer Protection shall establish and maintain the Health Spa Guaranty Fund in accordance with the provisions of this section. (b) (1) Upon registering with the Director pursuant to § 4203 of this title and u…
6 Del. C. § 4205. Right of cancellation.
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§ 4205. Right of cancellation. (a) Every health spa contract for the sale of future health spa services which are paid for in advance or for which the buyer agrees to pay in future installments shall be in writing and shall contain the following contractual provisions: (1) A prov…
6 Del. C. § 4206. Notice to buyer.
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§ 4206. Notice to buyer. A copy of the signed health spa contract shall be delivered to the buyer at the time the contract is executed. All health spa contracts must be in writing, be signed by the buyer, must designate the date on which the buyer actually signed the contract, mu…
6 Del. C. § 4207. Duration of contract.
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§ 4207. Duration of contract. No health spa contract shall have a duration for a period longer than 36 months. However, the computation of the maximum duration permissible shall exclude any period of time (not to exceed 6 months) offered by a health spa as a bonus incentive at a …
6 Del. C. § 4208. Renewals.
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§ 4208. Renewals. If the original health spa contract complies with the chapter, or was entered into prior to January 1, 1989, the exercise of options to renew health spa contracts at a prorated price less than the original contract price may be accomplished by a separate written…
6 Del. C. § 4209. Initiation fees limited.
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§ 4209. Initiation fees limited. No health spa shall charge any initiation fee in connection with a health spa contract of less than 12 months’ duration. For all health spa contracts of 3 months or less duration, all rights of renewal which extend the membership beyond the first …
6 Del. C. § 4210. Provisions not exclusive.
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§ 4210. Provisions not exclusive. The provisions of this chapter are not exclusive and do not relieve the parties or the contracts subject thereto from compliance with all other applicable provisions of law.66 Del. Laws, c. 395, § 1;
6 Del. C. § 4211. Fraud rendering contract void.
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§ 4211. Fraud rendering contract void. Any health spa contract entered into by the buyer upon any false or misleading information, representation, notice or advertisement of the health spa or the health spa’s agents shall be void and unenforceable.66 Del. Laws, c. 395, § 1;
6 Del. C. § 4212. Noncomplying contract voidable.
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§ 4212. Noncomplying contract voidable. Any health spa contract which does not comply with the applicable provisions of this chapter shall be voidable at the option of the buyer.66 Del. Laws, c. 395, § 1;
6 Del. C. § 4213. Waiver of provisions void and unenforceable.
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§ 4213. Waiver of provisions void and unenforceable. Any waiver by the buyer of the provisions of this chapter shall be deemed contrary to public policy and shall be void and unenforceable.66 Del. Laws, c. 395, § 1;
6 Del. C. § 4214. Notice of preservation of buyer’s rights.
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§ 4214. Notice of preservation of buyer’s rights. All health spa contracts and any promissory note executed by the buyer in connection therewith shall contain the following provision on the face thereof in at least 10-point, boldface type: NOTICE ANY HOLDER OF THIS CONTRACT OR NO…
6 Del. C. § 4215. Prohibition against assignment of health spa contract cutting off buyer’s right of action or defense against seller; conditions.
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§ 4215. Prohibition against assignment of health spa contract cutting off buyer’s right of action or defense against seller; conditions. Whether or not the health spa has complied with the notice requirements of § 4206 of this title, any right of action or defense arising out of …
6 Del. C. § 4216. Change in ownership of health spa.
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§ 4216. Change in ownership of health spa. For purposes of this chapter, a health spa shall be considered a new health spa and subject to the requirements of §§ 4203 and 4204 of this title at the time the health spa changes ownership.66 Del. Laws, c. 395, § 1;
6 Del. C. § 4217. Deceptive acts prohibited.
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§ 4217. Deceptive acts prohibited. It is hereby declared to be an unfair and deceptive trade practice and unlawful for a health spa to: (1) Misrepresent directly or indirectly in its advertising, promotional materials, or in any manner the size, location, facilities or equipment …
6 Del. C. § 4218. Production of records.
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§ 4218. Production of records. Every health spa, upon the written request of the Director, shall make available to the Director its pre-opening bank account records and all membership contracts for inspection and copying, to enable the Director reasonably to determine compliance …
6 Del. C. § 4219. Private right of action.
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§ 4219. Private right of action. (a) Any buyer damaged by a violation of this chapter may bring an action for recovery of damages. If damages are awarded to the aggrieved party, such damages shall be triple the amount of the actual damages proved plus reasonable attorney fees. (b…
6 Del. C. § 4220. Violations.
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§ 4220. Violations. In addition to the remedies hereinbefore provided, the Attorney General may bring an action to restrain violations of this chapter in the Court of Chancery and for such other relief as may be appropriate. The provisions of this chapter are not exclusive and do…
6 Del. C. § 4221. Limitations.
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§ 4221. Limitations. Contracts executed prior to January 1, 1986, and whose original terms are still enforceable as of January 1, 1989, are excluded from all cancellation, refund and fee provisions of this chapter.66 Del. Laws, c. 395, § 1;
6 Del. C. § 4222. Enforcement.
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§ 4222. Enforcement. A violation of this chapter shall be within the scope of the enforcement duties and powers of the Division of Consumer Protection, as described in Chapter 25 of Title 29.66 Del. Laws, c. 395, § 1; 69 Del. Laws, c. 291, § 98(a), (c); 77 Del. Laws, c. 282, § 11…