A shipping time is a promise. Buyers plan around it, marketplaces measure it, and a federal rule addresses it. This manual explains the Federal Trade Commission's Mail, Internet, or Telephone Order Merchandise Rule in practical terms for a small reseller. It is a summary of the regulation text, not legal advice. Platforms often set their own handling-time requirements that are stricter than the rule; follow both.
What the rule says, in plain terms
The rule is in the Code of Federal Regulations at 16 CFR Part 435. Section 435.2 makes it an unfair or deceptive practice for a seller to solicit mail, Internet or telephone orders unless, at the time, the seller has a reasonable basis to expect it can ship:
- within the time clearly and conspicuously stated in the solicitation, or
- if no time is clearly stated, within 30 days after receiving a properly completed order.
The regulation gives 50 days instead of 30 when the buyer applies to the seller for credit to pay for the merchandise at the time of the order. Most small resellers will not be extending credit, so the 30-day default is the one to remember.
When the FTC retained the rule in 2014, its Federal Register notice summarized the core in one paragraph: sellers need a reasonable basis to expect they can ship within the stated time or 30 days, must seek the buyer's consent to a delay when they learn they cannot, and must promptly refund all money paid for unshipped merchandise if the buyer does not consent.
Reasonable basis
The phrase "reasonable basis" matters most for a one-person shop. The rule says that in an FTC action, a seller's failure to have records or other proof of systems and procedures that assure shipment in the ordinary course of business within the applicable time creates a rebuttable presumption that the seller lacked a reasonable basis.
In practice, a small reseller's system is simple:
- Items are in hand before they are listed. Listing things you do not yet own makes timing promises hard to keep.
- Items are findable. An ID and a shelf location mean you are not searching boxes when an order lands.
- Packaging supplies are stocked. Running out of boxes is a common, avoidable delay.
- Handling time reflects your real schedule, including work, travel and the post office's hours.
- You keep a record of order and ship dates.
When you will be late
Section 435.2(b) says that when a seller cannot ship within the applicable time, it must offer the buyer, clearly and conspicuously and without the buyer having to ask, an option either to consent to a delay or to cancel the order and receive a prompt refund. The offer must come within a reasonable time after the seller learns of the problem, and no later than the original shipping time.
The regulation also says any revised shipping date must have a reasonable basis, and that a seller may tell a buyer it cannot say how long a delay will be only if it has a reasonable basis for that and explains the reason for the delay. The regulation has further provisions about longer delays and what happens if the buyer does not respond; read the text if a delay stretches on.
A delay message template keeps you compliant and calm:
Your order is delayed. I expected to ship it by [date], and I now expect to ship by [new date] because [reason]. You can choose to wait, or cancel for a full refund. Reply with your choice and I will act on it the same day.
Refunds
The 2014 notice summarizes the refund duty as promptly refunding all money paid for unshipped merchandise if the buyer does not consent to a delay. On a marketplace, that usually means cancelling through the platform so the payment reverses. If you were paid directly, refund by the same method the buyer used where possible, and keep a record.
How this fits with marketplace rules
Marketplaces set handling times, late-shipment metrics and cancellation tools. They can penalize late shipping long before 30 days. Treat the FTC rule as the floor and the platform's settings as your working standard. When you set a handling time on a listing, you are also stating a time for purposes of the rule.
Ground-only items
Some items can only travel by ground under carrier rules, such as used electronics with lithium batteries or alcohol-based perfume. See shipping used electronics and restricted items in the mail. Quote delivery expectations that match ground transit, and do not offer expedited options you cannot use.
A simple weekly rhythm
- Ship on fixed days you can always meet.
- Check open orders each morning.
- Before a trip, extend handling times or pause listings.
- Send delay offers the moment you know, not on the last day.
The shipping manual covers packing and carriers; this one covers the promise.
What if I cannot ship an order when I said I would?
Under the FTC rule, if you cannot ship within the time you stated, or within 30 days if you stated no time, you must offer the buyer a choice to consent to the delay or cancel and get a prompt refund. Make that offer as soon as you know you will be late. Marketplace rules may set shorter handling times, so follow those too.