In any case in which a supplier sends any goods, wares, merchandise, or products to a consumer under a continuous service agreement or automatic renewal of a purchase without first obtaining the consumer’s affirmative consent as described in § 59.1-207.46, the goods, wares, merchandise, or products shall for all purposes be deemed an unconditional gift to the consumer, who may use or dispose of the same in any manner he sees fit without any obligation whatsoever on the consumer’s part to the supplier, including any obligation or responsibility for shipping any goods, wares, merchandise, or products to the supplier.

Terms Used In Virginia Code 59.1-207.47

  • Automatic renewal: means a plan or arrangement in which a paid subscription or purchasing agreement is automatically renewed at the end of a definite term for a subsequent term of more than one month. See Virginia Code 59.1-207.45
  • Consumer: means any individual who seeks or acquires, by purchase or lease, any goods, services, money, or credit for personal, family, or household purposes. See Virginia Code 59.1-207.45
  • Continuous service: means a plan or arrangement in which a subscription or purchasing agreement continues until the consumer cancels the service. See Virginia Code 59.1-207.45
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.

2018, c. 704.

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