Title 6, Commerce and Trade

§ 4008. Contested cases. (a) In the event that a seller disputes a purchaser’s entitlement to a remedy under this chapter, the seller may, except in the case of the animal’s death, have the dog examined by a licensed veterinarian designated by the seller. The cost of such examina…

§ 4009. Notice. (a) Every seller shall post in a conspicuous location a notice stating that purchasers of animals have specific rights under law and that a written statement of such rights is available upon request. Such notice shall be in 100-point type and shall read as follows…

§ 4010. Additional legal remedies. (a) Nothing in this chapter shall limit the rights or remedies that are otherwise available to a consumer under any other law, nor shall this chapter in any way limit the seller and the purchaser from agreeing between themselves upon additional …

§ 4011. Misrepresentation as to registration or breed; remedies. (a) A seller shall not state, promise or represent to the purchaser, directly or indirectly, that an animal is registered or capable of being registered with an animal registering organization unless the seller prov…

§ 4101. Disposal of unclaimed garments. Any garment left with a retail dry cleaner or retail launderer for dry cleaning or laundering which is not redeemed within 1 year may be disposed of by the dry cleaner or launderer without any liability or responsibility for the garment or …

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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 …

§ 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…

§ 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 …

§ 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;

§ 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;

§ 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;

§ 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;

§ 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…

§ 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 …

§ 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;

§ 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 …

§ 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 …

§ 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…

§ 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…

§ 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;

§ 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…

§ 4301. Definitions. Unless the context or subject matter otherwise requires, the definitions given in this section govern the construction of this chapter. (1) “Cash sale price” means the cash sale price stated in a retail installment contract for which the seller would sell or …

§ 4302. Waiver prohibited; separability; transactions not covered. (a) Any waiver of the buyer of this chapter shall be deemed contrary to public policy and shall be unenforceable and void. (b) If this chapter or the application thereof to any person or circumstances is held unco…

§ 4303. Date; size of printed type. A retail installment contract shall be dated and in writing; the printed portion thereof shall be in at least 8-point type.6 Del. C. 1953, § 4303; 52 Del. Laws, c. 342.;

§ 4304. Contract to contain entire agreement; bold type headings; notice to buyer. Every retail installment contract shall contain: (1) The entire agreement of the parties with respect to the cost and terms of payment for the goods and services, which terms of payment must coinci…

§ 4305. Information required to be shown in contract. (a) Except as provided in §§ 4327-4332 of this title, a contract shall contain the following: (1) The names of the seller and the buyer, the place of business of the seller, the residence or place of business of the buyer as s…

§ 4306. Blank spaces to be filled in before signing by buyer. The seller shall not obtain the signature of the buyer to a contract when it contains blank spaces to be filled in after it has been signed.6 Del. C. 1953, § 4306; 52 Del. Laws, c. 342.;

§ 4307. Insurance; cost and procurance of; notice or copy of policy to be furnished to buyer. If the cost of any insurance is included in the contract and a separate charge is made to the buyer for such insurance: (1) The contract shall state whether the insurance is to be procur…

§ 4308. Delinquency charges. A contract may provide for the payment by the buyer of a delinquency charge on each installment in default for a period of not less than 10 days in an amount not in excess of 5 percent of such installment or $5.00, whichever is less, but a minimum cha…

§ 4309. Copy of signed contract to be furnished to buyer; acknowledgment by buyer. The seller shall deliver or mail to the buyer, at the address shown on the contract, a legible copy thereof completed, in accordance with the provisions of this chapter. Until the seller does so, t…

§ 4310. Contracts made by mail or telephone without solicitation by salesperson. Retail installment sales negotiated and entered into by mail or telephone without personal solicitation by a salesperson or other representative of the seller, where the seller’s cash and deferred pa…

§ 4311. Provisions prohibited in contracts. No contract or obligation shall contain any provision by which: (1) The buyer agrees not to assert against a seller a claim or defense arising out of the sale or agrees not to assert against an assignee such a claim or defense other tha…

§ 4312. Assignment of contract; notice to buyer. No right of action or defense arising out of a retail installment sale which the buyer has against the seller, and which would be cut off by assignment, shall be cut off by assignment of the contract to any third party whether or n…

§ 4313. Prohibition of lien on goods fully paid for. No contract other than 1 for services shall provide for a lien on any goods theretofore fully paid for or which have not been sold by the seller.6 Del. C. 1953, § 4313; 52 Del. Laws, c. 342.;

§ 4314. Prohibited provisions in contract as void. Any provision in a contract which is prohibited by this chapter shall be void but shall not otherwise affect the validity of the contract.6 Del. C. 1953, § 4314; 52 Del. Laws, c. 342.;

§ 4315. Service charges authorized; calculation. A retail seller or the holder of a retail installment contract may charge and collect a service charge in respect of a retail installment sale and may calculate such service charge in the manner and at the rate or rates specified i…

§ 4316. Period of installment payments. Contracts may be payable in successive monthly, semimonthly or weekly installments.6 Del. C. 1953, § 4316; 52 Del. Laws, c. 342.;

§ 4317. Charges included in contract service charge; additional charges prohibited. The service charge shall be inclusive of all charges incident to investigating and making the contract and for the extension of the credit provided for in the contract, and no fee, expense or othe…

§ 4318. Charges included in contract service charge; additional charges prohibited. Transferred.

§ 4319. Splitting or dividing of sales transactions prohibited. Repealed by 63 Del. Laws, c. 2, § 16, eff. June 1, 1981.