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Tips / Mail or Telephone Order Merchandise Rule
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Mail or Telephone Order Merchandise Rule |
| By: admin, November 25, 2004 |
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| Views: 245 |
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Q: If a customer orders an item which is backordered, can we substitute
an item of similar or better quality without the customer's consent?
A: For backorders, the Rule provides only two ways of responding to a
properly completed order for mail or telephone order merchandise: obtain
the customer's agreement to delayed shipment or provide a full and prompt
refund. Unless the customer expressly agrees to the substitution beforehand,
you do not have the option of substituting merchandise that is materially
different from your advertised merchandise. The term "materially different"
means that the merchandise differs in some manner that is likely to affect
the customer's choice of, or conduct regarding, the merchandise. Any product
feature would be deemed material if it is expressly mentioned or depicted
in advertising. Differences in design, style, color, fabric, or promoted
end use also would be deemed material.
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