JeffreyDJ
Jedi
If it's been 13 weeks, that's bad - but not bad bad. Regardless of what his "notice" says, you can't take people's money and hang on to it that long without shipping. 12+ Weeks is not a time frame. 12-52 weeks is a timeframe if it's really going to take him a year. I've dealt with this before and shipping is NOT narrow enough or clear enough to be valid; His disclaimer is thus invalid.
Now, does this have any real bite? Only if you want to take it that far, but regardless your payment authorizer should abide by the same general rules on disputing. I am really unsure why anyone orders from him anymore. This has been an issue for years at this point.
https://www.ftc.gov/tips-advice/bus...s-guide-ftcs-mail-internet-or-telephone-order
Also, note these rules. These are from the FTC and you can easily go back to Amazon noting these FTC rules.What You Must Know Before Making Shipment Representations in Sales Involving Credit Applications
If your customers apply to you to establish an in-house new credit account or increase an existing credit line to pay for the merchandise they order, the Rule provides the following:
- If you make no shipment representation when you solicit the order, you are allowed 50 (instead of 30) days to ship the order. The extra 20 days is to enable you to process the credit application. If you wish to use this provision of the Rule, you must have a reasonable basis to believe you can ship in 50 days.
- If you do make a shipment representation when you solicit the order, you must have a reasonable basis for being able to ship in that time, regardless of whether the order is accompanied by an application for credit or extension of a credit line. You are presumed to have factored in the time needed to process the credit application or to have qualified your shipment representation appropriately.
So, it doesn't matter if it's custom or not, because his shipment notice is vague and unclear he has 30 Days to ship; After 30 days he should offer a refund. He could easily get around this by stating a much more clear shipment notification e.g. "12-24 weeks" and then follow the rest of the rules which would stipulate a refund is available after the 24th week.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.
Now, does this have any real bite? Only if you want to take it that far, but regardless your payment authorizer should abide by the same general rules on disputing. I am really unsure why anyone orders from him anymore. This has been an issue for years at this point.
https://www.ftc.gov/tips-advice/bus...s-guide-ftcs-mail-internet-or-telephone-order
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