What are Shipment Representations according to the Mail, Internet, or Telephone Order Merchandise Rule?
In soliciting telephone orders we make no shipment representation, so the 30-day rule applies. In taking the order, the sales representative tells the customer that the merchandise will be shipped in 72 hours. Then we discover that the merchandise cannot be shipped in 72 hours, but can be shipped within 30 days. Do we have to get the customer’s agreement to a delay?
Yes. The shipment representation you make in negotiating the sale during the telephone call supersedes any express shipment representation you made in soliciting the order or, if you made no express shipment representation, the 30-day shipment time. Your compliance with the Mail or Telephone Order Merchandise Rule will be determined based upon the 72-hour shipment representation.
For more information, see here: http://business.ftc.gov/documents/bus02-business-guide-mail-and-telephone-order-merchandise-rule
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