Section § 21500

Explanation

This section defines two important terms used in the article related to the business of selling watches. A 'Person' can be anyone from an individual to a corporation that sells watches. A 'Consumer' is someone who buys watches for their own or someone else's use, but not to sell the watch to someone else.

As used in this article:
(a)CA Business & Professions Code § 21500(a) “Person” means an individual, firm, partnership, association, limited liability company, or corporation engaged in the business of selling watches.
(b)CA Business & Professions Code § 21500(b) “Consumer” means an individual, firm, partnership, association or corporation who buys for his or her own use, or for the use of another, but not for resale.

Section § 21501

Explanation

This law section defines what qualifies as a "secondhand watch." Basically, it's any watch that has been sold to a consumer or has its identifying marks, like serial numbers, removed or altered.

Except as provided in this article “secondhand watch” means any of the following:
(a)CA Business & Professions Code § 21501(a) A watch which, as a whole, or the case thereof, or the movement thereof, has been sold to a consumer.
(b)CA Business & Professions Code § 21501(b) Any watch whose case or movement, serial numbers or other distinguishing numbers or identification marks have been erased, defaced, removed, altered or covered.

Section § 21502

Explanation

If you return a watch to the store or individual who sold it to you within a year, either for an exchange or store credit, and they've kept written records of the sale, then certain rules don't apply. However, if any identifying marks like the case, movement, or serial number have been removed, then those rules do apply.

A watch which is returned to the same person who sold the watch to the consumer, either through an exchange or for credit, within one year from the date of the original sale, if such seller keeps a written record of such sales, is not subject to the provisions of this article, unless the case, movement, serial number or other distinguishing identification marks have been removed.

Section § 21503

Explanation

This section requires that whenever a watch is sold, a written record must be made that includes the buyer's name and address, the date of the sale, the brand or maker of the watch, and any serial or identifying numbers on the watch.

The written record referred to in this article shall contain all of the following information:
(a)CA Business & Professions Code § 21503(a) The name and address of the consumer.
(b)CA Business & Professions Code § 21503(b) The date of the sale to the consumer.
(c)CA Business & Professions Code § 21503(c) The name of the watch or its maker.
(d)CA Business & Professions Code § 21503(d) The serial number of the watch, if any, on its case or movement or any other distinguishing numbers or identification marks.

Section § 21504

Explanation

Stores selling watches need to keep a written record of each sale for at least three years. This record must be available for the district attorney or their representative to look at during regular business hours in the county where the store operates.

The written record referred to in this article shall be kept for at least three years from the date of the original sale of the watch. Such record shall be open for inspection during all business hours by the district attorney or his representative, of the county in which the vendor is engaged in business.

Section § 21505

Explanation

If you want to sell or trade a used watch, you must attach a tag to it that clearly says "secondhand" in English. This rule applies whether you're putting it up for sale, trading it, or even if you just plan to sell or trade it in the future.

Any person who sells, exchanges, offers to sell or exchange, exposes for sale or exchange, or possesses with intent to sell or exchange, a secondhand watch, shall affix and keep affixed to the same a tag with the words “secondhand” legibly written or printed thereon in the English language.

Section § 21506

Explanation

If you sell a used watch, you're required to provide the buyer with a detailed written receipt. This receipt must include both your and the buyer's contact details, the sale date, and specific information about the watch like its brand, maker, and any serial numbers or identifying marks. If the watch's serial numbers or identifying marks have been tampered with in any way, this must also be noted in the receipt.

Any person who sells a secondhand watch shall deliver to the vendee a written invoice setting forth the name and address of the vendor, the name and address of the vendee, the date of the sale, the name of the watch or its maker, and the serial numbers, if any, or other distinguishing numbers or identification marks on its case and movement. If the serial numbers, or other distinguishing numbers or identification marks have been erased, defaced, removed, altered or covered, this shall be set forth in the invoice.

Section § 21507

Explanation

If you sell secondhand watches, you must keep a copy of the sales invoice for at least a year. This copy should be easily accessible for inspection by the county's district attorney or their representative during regular business hours.

A duplicate of the invoice required by this article shall be kept on file by the vendor of the secondhand watch for at least one year from the date of the sale thereof and shall be open to inspection during all business hours by the district attorney, or his representative, of the county in which the vendor is engaged in business.

Section § 21508

Explanation

If you're advertising secondhand watches for sale, you must clearly state in the advertisement that the watches are used or previously owned.

Any person advertising in any manner secondhand watches for sale shall state clearly in such advertising that the watches so advertised are secondhand watches.

Section § 21509

Explanation
Breaking the rules in this article is considered a minor crime, known as a misdemeanor.
Violation of this article is a misdemeanor.