Marketing anything by mail requires knowledge of and adherance to the Federal Trade Commission's Mail Order Merchandise Rule. (Note: This article is intended for general knowledge, not legal advice and the reader is directed to contact a lawyer for such assistance. Also many states have enacted their own laws and the reader should inquire of state authorities.)The 30-Day Rule is quite simple, the seller is required to deliver merchandise ordered within 30 days, unless stated in the sales literature. Days begin counting when the order arrives at the seller and is properly paid for. Now any seller can protect himself against delivery within thirty days by stating in the sales literature that delivery is within six months. But, will that impact getting sales? The seller must decide.
If delivery takes longer than thirty days, the seller must notify the buyer and state the reason why. A postcard is sufficient, as some form of written notice is best. The seller must state the reason for the delivery delay. Sometimes, the merchandise is just out of stock. If there is no reply from the buyer, the seller has another thirty days for delivery. Or, the buyer can reply and cancel the order and get his money back.
The 30 day rule does not apply to credit card purchases, but be advised that credit card companies have their own procedures for cardholder protests for charges.
The buyer right to return merchandise is protected and the seller required to give a full refund for up to sixty (60) days, if the goods are returned in good condition. Again, the seller can modify this rule if she states otherwise in her sales literature. For example, the seller can say she does not offer a money back guarantee and the sixty (60) day refund rule does not apply. Likewise, a seller can state any other guarantee period, for example, stating a 30-day money back guarantee in sales literature means a thirty (30) day, not sixty (60) day guarantee, applies.
What does this mean to the seller using the mails? It means: State Your Guarantee in your sales literature. Why? Because the government has already created a guarantee you must abide by so why not get positive marketing from the rule and at the same time limit your exposure. How? State a 30-day money back guarantee. You are not doing anything but what the Federal Trade Commission requires you to do, except that you have cut your exposure in half. What could be better!
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