FTC Mail or Telephone Order Merchandise Rule.
It applies to mail, telephone or internet orders...
The crux of the ruling:
I'm just throwing this out there for those of you that may think somehow this is par for the course. I hate this type of problem and I hope you can all resolve it some other way without having to resort to using the Feds.What is the Mail or Telephone Order Rule?
The Rule requires that when you advertise merchandise, you must have a reasonable basis for stating or implying that you can ship within a certain time. If you make no shipment statement, you must have a reasonable basis for believing that you can ship within 30 days. That is why direct marketers sometimes call this the "30-day Rule."
If, after taking the customerís order, you learn that you cannot ship within the time you stated or within 30 days, you must seek the customerís consent to the delayed shipment. If you cannot obtain the customerís consent to the delay -- either because it is not a situation in which you are permitted to treat the customerís silence as consent and the customer has not expressly consented to the delay, or because the customer has expressly refused to consent -- you must, without being asked, promptly refund all the money the customer paid you for the unshipped merchandise.
Good luck whatever you do.