What You Must Do If You Learn You Cannot Ship on Time
When you learn that you cannot ship on time, you must decide whether you will ever be able to ship the order. If you decide that you cannot, you must promptly cancel the order and make a full refund.
If you decide you can ship the order later, you must seek the customer’s consent to the delay. You may use whatever means you wish to do this -- such as the telephone, fax, mail, or email -- as long as you notify the customer of the delay reasonably quickly. The customer must have sufficient advance notification to make a meaningful decision to consent to the delay or cancel the order.
Some businesses adopt internal deadlines that are earlier than those set by the Rule to ensure that their delay notices give all customers a meaningful opportunity to consent to the delay. If businesses fail to ship or give delay notifications by their internal deadlines, they automatically cancel the orders and make refunds.
In any event, no notification to the customer can take longer than the time you originally promised or, if no time was promised, 30 days. If you cannot ship the order or provide the notice within this time, you must cancel the order and make a prompt refund.
What a First Delay Option Notice Must Say
In seeking your customer’s consent to delay, the first delay notice you provide to the customer (the "delay option" notice) must include:
a definite revised shipment date or, if unknown, a statement that you are unable to provide a revised shipment date;
a statement that, if the customer chooses not to wait, the customer can cancel the order and obtain a full and prompt refund; and
some means for the customer to choose to cancel at your expense (e.g., by providing a postage prepaid reply card or toll-free telephone number).
the following information when you cannot provide a revised shipping date:
the reason for the delay, and
a statement that, if the customer agrees to the indefinite delay, the customer may cancel the order any time until you ship the merchandise.