I have posted this to both the british-cars list and the autox
list as I think the information will be useful to anyone that
orders parts (or anything else for that matter) by mail.
Bill Sohl
UUCP - bcr!taichi!whs70
InterNet - whs70@taichi.cc.bellcore.com
----------------------------------------------
In response to an ongoing dialog of complaints with a single
vendor of Triumph parts, I mentioned that VTR had published an
article to aide its members with problems along those lines.
The article was not on electronic media, so T.J. Higgins offered
to type it in, which he has done. So, thanks to T.J., here's
the article:
----------------------begin article-------------------------
Copyright (c) 1986 Vintage Triumph Register
This article may be reproduced in any format as long as
The Vintage Triumph Register
is credited as the originator of this information.
MAIL ORDER RIGHTS & PRIVILEGES
This issue of TEC (The English Channel, Bi-monthly Newsletter
Supplement to The Vintage Triumph Magazine) is devoted to what your
rights and privileges are when you order parts and services by mail.
But before you panic at the thought that things are rotten in Triumph
land, we would like to set your concerns at ease by stating that:
with very rare exception, the business practices, response to
customers problems and general day to day operation of the vendors of
Triumph parts and services are excellent.
If that is so, then why you ask is this TEC covering the subject.
Unfortunately, not everything that always goes on is as excellent as
it should be. Recently VTR was contacted by two members that had
problems with one particular vendor (1990 note - readers of the b-c
email list can readily guess as to who that vender was).
We are happy to report that both
members problems were reconciled to their satisfaction, albeit after a
protracted time period and only after VTR assisted in bringing the
problems to a head. Much of the ability to bring these two members
problems to a satisfactory conclusion was the result of good
supporting documentation and information with regard to the
correspondence and phone calls that transpired prior to VTR being
asked to help.
The purpose then of this issue's focus is to equip you with the
knowledge of what your rights and privileges are and also what the
vendor is expected to do to live up to his obligations towards
satisfactorily completing your order. By so doing, you will be in a
much stronger position to effectively deal with a problem should one
arise.
When are you entitled to a refund?
----------------------------------
Most people, VTR members included, generally believe that if they
don't like something they bought, they are or should be entitled to
return the item and receive a refund. As it turns out, there is no
legal rule that makes that so. As long as you got what you ordered,
and it wasn't defective, stores or mail order vendors are under no
obligation to take the item back and give you a refund. Those stores/
vendors that do are doing so as an internal business practice, usually
to maintain a good image with their customers.
On the other hand, if you don't get what you ordered, you are
always entitled to get your money back. If, for example, you ordered
a new set of black TR-3 seat covers with white piping and the vendor
can no longer supply them that way, you do not have to accept a
substitute. Nor do you need to accept a credit towards other
purchases. You are entitled to and should receive a refund. An
important point in this example is to be explicit when you order
certain items. If you want black seats with the white piping, then be
specific on your order form.
What is the Mail Order Rule
---------------------------
The Mail Order Rule was issued by the Federal Trade Commission
(FTC) to correct growing problems with late or undelivered mail order
merchandise. Under this Rule, the vendor has a duty to ship
merchandise on time. He also must follow procedures that the rule
requires if he cannot ship ordered merchandise on time.
When there is a shipping delay, the Rule requires that the vendor
notify customers of the delay and provide them with an option either
to agree to the delay or to cancel the order and receive a prompt
refund. For each additional delay, customers must be notified that
they must send in a signed consent to a further delay or a refund
will be given.
Although most members of the mail order industry adhere to the
Rule's requirements, there are some who do not. The FTC's Bureau of
Consumer Protection monitors consumer complaints to ensure that
businesses comply with the Rule. The FTC also provides compliance
information and assistance to all industry members.
When a vendor offers to sell merchandise by mail, the Rule requires
him to have a "reasonable basis" for expecting to ship within the time
stated in his solicitation.
For example, if the vendor knows before advertising some products
that suppliers are on strike and are likely to remain on strike for
several months, he does not have a "reasonable basis" for expecting to
ship within a month.
The shipping date, when provided in the ad offer, must be clearly
and conspicuously stated.
ADVERTISEMENT
Triumph Sweaters
S,M,L -- Beige or Blue
$29.95 plus tax
Allow 5 weeks for shipment.
If the ad does not provide a shipping date, the vendor must ship
the merchandise within 30 days of receiving a "properly completed"
order. An order is properly completed when you send payment
accompanied by all information needed to fill the order: Payment may
be made by cash, money order, check, or credit card, according to the
vendor's policy. If a credit card is used for a purchase, the order
is properly completed when the vendor charges your account.
When a vendor cannot ship on time, he must provide the customer
with an "option" notice. The notice must provide an option to cancel
the order and receive a prompt refund, or to agree to a delay in
shipping. And, as with the original date, the vendor must have a
reasonable basis for setting that shipping date.
A vendor must also have a reasonable basis for telling customers
that he does not know when he can ship merchandise. In that case, he
must provide the specific reasons for the shipping problem. For
example, that a fire destroyed the warehouse holding the goods and he
is unable to provide a revised shipping date because he does not know
how long it will take to replace the merchandise.
When you should receive a first notice
--------------------------------------
If a shipment is delayed, the Rule requires that the vendor give
customers an option:
- to consent to a delay; or
- to cancel the order and receive a prompt refund.
People in the trade often refer to the notice as a "delay" notice.
More accurately, it should be called an "option" notice. The Rule is
violated if the vendor only provides a notice of delay without also
providing an option to cancel the order.
Remember, the vendor must send the notice after first becoming
aware that there will be a shipping delay. The notice must be sent:
- before the promised shipping date; or
- within 30 days after receipt of the order (if no date was
provided in the solicitation).
What a first notice must say
----------------------------
If the vendor provides a revised shipping date of 30 days or less,
he must have a reasonable basis for making the change. The notice
must inform you that non-response is considered consent to a delay of
30 days or less.
If the vendor is unable to provide a revised shipping date, the
notice must state that he cannot determine when the merchandise will
be shipped. It must also state that the order will be automatically
canceled unless:
- the merchandise is shipped within 30 days of the original
shipping date and the vendor has not received your cancellation
before shipment; or
- the vendor receives within 30 days of the original date your
consent to the delay.
The notice must provide this information if the definite revised
shipping date is more than 30 days after the original date.
When the vendor is unable to provide a revised shipping date, he
must inform customers of their continuing right to cancel the order by
notifying him prior to actual shipment.
What later notices must say
---------------------------
If he is unable to ship the merchandise on or before the revised
shipping date, the vendor must notify customers again. This is called
a "renewed option" notice. This notice must inform customers of their
right to consent to a further delay, or to cancel the order and
receive a prompt refund.
The renewed option notice must inform customers that if they do not
agree in writing to this delay, their order will be canceled. Unless
the vendor receives the customer's express written consent to the
second delay before the first delay period ends, he must cancel the
order and provide a full refund.
Keep in mind that he does not have to offer a "renewed option" to
customers who consent to an indefinite delay in response to the first
option notice. But any customer who agrees to an indefinite delay has
the continuing right to cancel the order at any time before the
merchandise is shipped.
How the vendor should send notices
----------------------------------
The vendor should send any option notice by first class mail, and
his notice should provide a written means for customers to respond. A
prepaid business mail reply or prepaid postage card meets this
requirement.
The notice is most advantageous for him if at some point he has to
prove that he complied with the Rule. If the FTC takes action against
a company, the firm must be able to show that any other form of notice
it used was equal to or better that the written form described in the
Rule. For example, and "800" telephone number for customers' use in
canceling orders is an adequate substitute, if the vendor can prove
that the system met the Rule's requirements. This would include being
able to show that the 800 number could readily and consistently be
used to cancel an order because he provided adequate and competent
staff to take cancellations. He should keep records of all
cancellations.
When the vendor may cancel an order
-----------------------------------
In some cases the vendor can have an option to cancel an order or
to send out another notice. He may make this decision when he is
unable to ship merchandise on time or within the delay period to which
the customer agreed. But if he decides to cancel the order, he must
inform the customer of this decision and provide a prompt refund.
Whether he cancels or sends another notice, he must inform the
customer about it within a reasonable time after he knows he cannot
ship the merchandise.
When the vendor must cancel an order
------------------------------------
The vendor must cancel an order and provide a prompt refund:
o when the customer does not agree to a delay and exercises the
option to cancel and order before it has been shipped;
o when he notifies the customer of his inability to ship the
merchandise and of his decision to cancel the order;
o when he is unable to ship merchandise before the revised shipping
date and he has not received the customer's consent to a further
delay;
o when the delay is indefinite and he has not shipped the
merchandise or received the customer's consent to an indefinite
delay;
o when the definite revised shipping date in the first option
notice is more than 30 days after the original shipping date, and
he has not shipped the merchandise, no received the customer's
consent to the delay within 30 days of the original shipping
date; or
o when he cannot ship on time and does not notify customers of
their options.
All refunds must be sent to the buyer by first class mail. If the
buyer paid by cash, check, or money order, the vendor must refund
payment within seven (7) days after the order is canceled. For credit
card sales, he must make refunds within one billing cycle after the
order is canceled. UNDER NO CIRCUMSTANCES IS HE TO SUBSTITUTE CREDIT
VOUCHERS OR SCRIPT FOR A REFUND. If for some reason the vendor's
company has problems in shipping on time, customers may begin to file
complaints with him, and with local, state, or federal law enforcement
agencies. Because the Federal Trade Commission has enforcement
jurisdiction under the Mail Order Rule, many complaints are forwarded
to the FTC from other agencies.
When the FTC takes action against a company and alleges that it
violated the Rule, the company must have records or other documentary
proof that will show the steps it took to comply. Systems and
procedures for complying with the Rule are carefully reviewed. Lack
of such proof creates a rebuttable presumption that the company failed
to comply. This means that the seller must be able to show that it
used reasonable systems and procedures to comply with the Rule.
Consequently, it is in his best interest to establish an accurate,
up-to-date record-keeping system.
What the Rule does not cover
----------------------------
The following mail order sales are exempt from the Rule:
- orders made on a collect-on-delivery basis (C.O.D.);
- orders made by telephone and charged to a credit card account.
(While not a true legal opinion, I believe that if you order
something by telephone and specifically instruct the vendor
NOT to charge your account for anything unless it is being
shipped, you would have a cause of action against the vendor if
your account WAS charged for a back-ordered item.)
Where to go for help
--------------------
For more information contact:
- The Federal Trade Commission
Enforcement Division
B.C.P.
Washington, D.C. 20580
(202) 376-3475
- The Direct Marketing Association
1730 K Street N.W.
Washington, D.C. 20006
- your local United States Postal Service
- your local consumer protection office
State and local governments also may have requirements with which
vendors must comply. You should consult each agency for information
about laws that affect your operations.
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