Section 37-24-2 - Unordered merchandise as gift--Right to refuse--Exceptions. - South Dakota Statutes

37-24-2. Unordered merchandise as gift--Right to refuse--Exceptions. Unless otherwise agreed, if unordered merchandise is delivered in person or by mail or common carrier to a person, he has a right to refuse such merchandise and is not obligated to return such merchandise to the sender. Such unordered merchandise shall be deemed an unconditional gift to the recipient, who may use it in any manner without any obligation to the sender. This section does not apply if there is evidence of an obvious misdelivery, or the merchandise is offered in good faith in substitution for merchandise ordered.

Source: SL 1971, ch 218, § 2 (c); SL 1992, ch 278, § 4.