Scope: US merchandise orders subject to the FTC rule; China supply chain coordination
Your campaign sold well, but the factory missed production. Customer orders keep arriving under the same shipping promise. Marketing suggests adding “delays may occur” to the website and waiting for the next shipment.
The FTC shipping delay rule deserves attention before that becomes the response. For covered merchandise orders, the supplier’s problem and the seller’s obligations to customers are different issues.
Identify the promise made for each order
The FTC explains that sellers need a reasonable basis for the advertised shipping time or, generally, for shipment within 30 days when no time is stated. If shipment cannot occur on time, compliant delay-consent or cancellation and refund procedures apply. Special situations and exceptions require review. FTC business guide.
Retrieve the product page and checkout wording customers saw, order timestamps and the relevant fulfillment records. A website edit today does not tell you what was promised to a buyer last week. Keep dispatch estimates distinct from arrival estimates when reviewing the customer journey.
Use a decision process, not a generic apology
The FTC’s guide distinguishes first and later delay notices and when customer silence can count as consent. Do not assume no response means agreement to every postponement. Required notices must give meaningful cancellation and refund information, and cancellation can become mandatory under the rule. Have the specific notice and timing reviewed against the actual order circumstances.
As an operational step, group affected orders by the promise made and the next action due. Assign an owner who can authorize refunds and reconcile records across the store, payment system and fulfillment provider. Keep the basis for any revised estimate.
Manage the factory dispute separately
Compare the production schedule, agreed milestones and correspondence with the supply contract. Ask whether the delay triggers notice obligations, agreed remedies or a negotiated recovery plan. Identify which losses are supported by records and require legal assessment before demanding reimbursement.
A factory’s revised completion date is an input to your planning, not automatic customer consent. Ask what evidence supports it, including the status of materials, production and inspection. Avoid building a second promise on an unexplained estimate.
Test the process before your next launch
Run a sample delayed order through customer support and finance. Can staff find the original promise, identify the notice already sent and stop an unfulfilled order from remaining open indefinitely? A clear handover between teams matters as much as a carefully drafted policy.
Facing delayed US orders and a late China supplier? Request a cross-border contract and compliance review. Provide the customer-facing promise, order timeline and supplier agreement. Jinyuan Law Firm can review the China-side dispute and help identify the US legal questions requiring appropriately qualified advice.
Related reading: Before Your Marketplace Launch, Audit the Claims on Every Product Page.
General information only. Advice depends on the facts and applicable jurisdiction. Contact does not by itself create a lawyer-client relationship. Local-law advice may be needed outside mainland China.
