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Civil Code - CIV - CIV § 1812.106
Civil Code - CIV - CIV § 1812.106
Every discount buying organization, before obtaining the signature of a potential buyer on any application or contract for discount buying services, shall provide to the buyer, and shall allow the buyer to retain, the following written disclosures: (a) The exact nature of the ser
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Civil Code - CIV - CIV § 1812.107
Civil Code - CIV - CIV § 1812.107
Every contract for discount buying services shall be in writing and shall be subject to the provisions of this title. The address of the seller’s discount buying facility and the residence address of the buyer shall be clearly indicated on the face of the contract. A copy of the
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Civil Code - CIV - CIV § 1812.108
Civil Code - CIV - CIV § 1812.108
All contracts for discount buying services, which may be in effect between a seller or related sellers and a buyer, the terms of which overlap for any period of time, shall be considered as one contract for the purpose of this title.
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Civil Code - CIV - CIV § 1812.109
Civil Code - CIV - CIV § 1812.109
No contract for discount buying services shall require payments or financing by the buyer over a period in excess of two years from the date the contract was entered into.
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Civil Code - CIV - CIV § 1812.110
Civil Code - CIV - CIV § 1812.110
Every contract for discount buying services shall provide that the buying services shall become available to the buyer within seven days from the date the contract was entered into.
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Civil Code - CIV - CIV § 1812.113
Civil Code - CIV - CIV § 1812.113
No contract for discount buying sevices shall require or entail the execution of any note or series of notes by the buyer which, when separately negotiated, will cut off as to any third party any right of action or defense which the buyer may have against the seller.
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Civil Code - CIV - CIV § 1812.114
Civil Code - CIV - CIV § 1812.114
No right of action or defense arising out of a contract for discount buying services which the buyer has against the discount buying organization shall be cut off by assignment or transfer of the contract to any third party.
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Civil Code - CIV - CIV § 1812.116
Civil Code - CIV - CIV § 1812.116
(a) Every contract for discount buying services shall provide that if any goods ordered by the buyer from the seller are not delivered to the buyer or available for pickup by the buyer at a location within his county of residence within six weeks from the date the buyer placed an
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Civil Code - CIV - CIV § 1812.117
Civil Code - CIV - CIV § 1812.117
(a) An affiliate discount buying organization may, at its option, and with the express written consent of its parent, comply with the trust account withdrawal provisions set forth in subdivision (b), in lieu of those contained in subdivision (b) of Section 1812.116. (b) The affil
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Civil Code - CIV - CIV § 1812.118
Civil Code - CIV - CIV § 1812.118
Every contract for discount buying services shall further provide that such contract may be canceled at any time within three days after the date of receipt by the buyer of a copy of the contract by written notice to the seller at the address specified in the contract. If such ca
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Civil Code - CIV - CIV § 1812.119
Civil Code - CIV - CIV § 1812.119
(a) Any contract for discount buying services which does not comply with the applicable provisions of this title shall be voidable by the buyer. (b) No discount buying organization shall make or authorize the making of any reference to its compliance with this title.
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Civil Code - CIV - CIV § 1812.120
Civil Code - CIV - CIV § 1812.120
Any untrue or misleading information, representation, notice or advertisement of the seller which has been received by or made to the buyer prior to his signing a contract for discount buying services shall render the contract for discount buying services void and unenforceable b
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Civil Code - CIV - CIV § 1812.121
Civil Code - CIV - CIV § 1812.121
(a) If a discount buying organization removes its place of business or, if it conducts business at more than one location, that place of business which is geographically closest to the buyer’s residence indicated on the face of the contract, more than 20 miles farther from the bu
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Civil Code - CIV - CIV § 1812.122
Civil Code - CIV - CIV § 1812.122
Any transfer by a discount buying organization of its duty or obligation to provide services to buyers under its contracts for discount buying services to another individual, corporation, or other business entity, as a result of which a buyer shall have available substantially fe
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Civil Code - CIV - CIV § 1812.123
Civil Code - CIV - CIV § 1812.123
(a) Any buyer injured by a violation of this title may bring an action for the recovery of damages and return of all moneys paid by the buyer to the seller. Judgment shall be entered for three times the amount at which the actual damages, plus such restitution, are assessed plus
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Civil Code - CIV - CIV § 1812.125
Civil Code - CIV - CIV § 1812.125
(a) Any person who violates subdivision (b) or (c) of Section 1812.116 shall, upon conviction, be fined not more than ten thousand dollars ($10,000) for each violation, or imprisoned pursuant to subdivision (h) of Section 1170 of the Penal Code, or imprisoned in a county jail for
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Civil Code - CIV - CIV § 1812.126
Civil Code - CIV - CIV § 1812.126
The prohibitions of this title are not exclusive and do not relieve the parties or the contracts subject thereto from compliance with any other applicable provision of law.
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Civil Code - CIV - CIV § 1812.127
Civil Code - CIV - CIV § 1812.127
Any waiver by the buyer of the provisions of this title shall be deemed contrary to public policy and shall be void and unenforceable.
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Civil Code - CIV - CIV § 1812.128
Civil Code - CIV - CIV § 1812.128
If any provision of this title or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the title which can be given effect without the invalid provision or application, and to this end the pro
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Civil Code - CIV - CIV § 1812.129
Civil Code - CIV - CIV § 1812.129
(a) The Secretary of State shall enforce the provisions of this title that govern the filing and maintenance of bonds and deposits in lieu of bonds. (b) The Secretary of State shall charge a filing fee not to exceed the cost of filing the bond or the deposit in lieu of a bond pur
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Civil Code - CIV - CIV § 1812.2
Civil Code - CIV - CIV § 1812.2
In the event of any default by the buyer in the performance of his obligations under a contract or installment account, the holder, pursuant to any rights granted therein, may proceed to recover judgment for the balance due without retaking the goods, or he may retake the goods a
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Civil Code - CIV - CIV § 1812.20
Civil Code - CIV - CIV § 1812.20
Notwithstanding Section 1801.6, no person shall require a purchaser of goods or services to obtain financing from any particular source. Any person who violates this section shall be subject to the penalty provided in Section 1812.6.
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Civil Code - CIV - CIV § 1812.200
Civil Code - CIV - CIV § 1812.200
(a) The Legislature finds and declares that the widespread sale of seller assisted marketing plans, often connected with the sale of vending machines, racks or work-at-home paraphernalia, has created numerous problems in California for purchasers which are inimical to good busine
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Civil Code - CIV - CIV § 1812.201
Civil Code - CIV - CIV § 1812.201
For the purposes of this title, the following definitions shall apply: (a) “Seller assisted marketing plan” means any sale or lease or offer to sell or lease any product, equipment, supplies, or services that requires a total initial payment exceeding five hundred dollars ($500),
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Civil Code - CIV - CIV § 1812.202
Civil Code - CIV - CIV § 1812.202
(a) An offer to sell or offer to lease a seller assisted marketing plan shall occur in this state whenever: (1) The offer to sell or offer to lease is made in this state; (2) The purchaser resides in this state at the time of the offer; or (3) The offer to sell or offer to lease