|
|
|
Home /
Tips / Mail or Telephone Order Merchandise Rule
|
| |
|
|
 |
|
Mail or Telephone Order Merchandise Rule |
| By: admin, November 25, 2004 |
|
| Views: 227 |
|
|
|
|
Not rated
|
| |
| |
| |
| |
| |
| |
|
|
Q: We want to sell by mail or telephone a product that is not yet available.
Does the Rule apply?
A: It depends. In an advisory opinion, the FTC told a publishing company
that it could "dry-test" its merchandise as long as the following conditions
were met:
In promoting the merchandise, the merchant can make no suggestion that
the merchandise will be shipped or that customers expressing an interest
in it will receive it.
In all promotional materials, the merchant must disclose all material
aspects of the promotion, including the fact that the merchandise is only
planned and may not be shipped.
If any part of the promotion is later dropped, the merchant must notify
subscribers of the fact within a reasonable time after soliciting their
subscriptions.
If, within a reasonable time after soliciting their subscriptions, the
merchant has made no decision to ship the merchandise, it must notify
subscribers of this fact and give them the opportunity to cancel and,
where payment has been made, make a prompt refund.
The merchant can make no substitutions of any merchandise for that ordered.
If these conditions are not met, the Rule applies.
|
|
|
