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Small Business
 Taking Orders Through the Mail

If you take orders through the mail, you need to become familiar with the Federal Trade Commission's Rule Concerning Mail Order Merchandise,? 16 CFR ? 435. The rule is explained in an easy-to-read booklet, A Business Guide to the Federal Trade Commission's Mail Order Rule, published by the FTC. Here are some basic features of that rule:

  • You must ship the merchandise within 30 days after you receive a properly completed order and payment, unless your ad clearly states that it will take longer.
  • If there?s going to be a delay, you must notify the customer in writing. You must give the customer the option of a new shipment date (if known) or the opportunity to cancel the order and receive a full refund. You must give the customer a postage-free way to reply. You may assume that a customer who doesn?t reply has agreed to the delay.
  • If the customer cancels, you must refund the customer?s money within seven days after you receive the canceled order. If the customer used a credit card, you must issue the credit within one billing cycle.
  • A customer who consents to an indefinite delay can still cancel the order any time before it?s shipped.
  • A customer who cancels or never receives the ordered merchandise doesn?t have to accept a store credit in place of a refund, but is entitled to a cash refund or credit on the charge card.

The mail order rule doesn?t cover mail order photo finishing; spaced deliveries such as magazines (except for the first shipment); sales of seeds and growing plants; COD orders; or orders made by telephone and charged to a credit card account.

Excerpted from the "Legal Guide for Starting and Running a Small Business" by Fred S. Steingold
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