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Mail or Telephone Order Merchandise Rule

By: admin, November 25, 2004  
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When you offer to sell merchandise, you must have a "reasonable basis" for: 

any express or implied shipment representation, or 
believing you can ship within 30 days of receipt of an order -- if you make no shipment representation or if the shipment representation is not clear and conspicuous. 
Whenever you change the shipment date by providing a delay notice, you must have a "reasonable basis" for the new shipment date, or any representation that you do not know when you can ship the merchandise.

When you take orders by telephone, you may choose to provide prospective customers with updated shipment information. This may differ from what you said or implied about the shipment time in your advertising. The updated shipment information you provide on the telephone supersedes any shipment representation you made in the advertising. You also must have a reasonable basis for the updated shipment representation.