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Introduction

The purpose of this report is to give a new e-mail
order business review these laws and regulations, which
the most influence on small mail order operator. The intention is not
provide legal advice. Such advice should always be sought are
attorney. Only those laws and regulations, which apply to
order small operator are most directly. Advice given
from the perspective of an operator of a mail order business
rather than from a legal point of view.

For those interested in-depth review of the law, which
affect the mail order business, we recommend that you read
the following books: Direct Marketer’s Legal Advisor, by
J. Robert Bosch, McGraw Hill Book Company.

30 day rule

In the protection of consumers in the FTC passed a Mail Order
Article merchandise, which is generally defined as 30 days
Rule. Many states have similar laws. Some of these
laws are more restrictive than the federal definition; most
New York is noticeable.

Day Article 30 requires the seller to deliver an order within
30 days, unless otherwise specified in the sales
literature. If the salesperson, for example, in order
form, that the supply lasts from 4 to 6 weeks, he has effectively
isolated from themselves. In practice, however,
it may also affect its business in a negative way.

30 days begins when the order arrived and was
properly paid.

Day 30 The principle is simple adjustment, with which to comply. It
should rarely take longer than 30 days to fill the order. If this
not, the seller must notify the buyer of the delay and
The reason for it.

Some mail order companies delay shipments until the control orders
payment issued have cleared. This should not, in general,
take longer than 10 days. If a vendor wants to get this
policy, it should so state in its literature. Of
the prospects for the mail order operator, does not recognize the
be a sound policy. NSF and control are relatively closed Account
rare and can be minimized with proper controls. If you practice
Such policies could save a few dollars, but in return you
Make dissatisfied customers. I personally do not buy from companies
that they are in literature, that they have control on
check-in. Most mail order companies very little experience bad
debt. It is recommended to call the bank’s control
is used to verify the funds for larger amounts, such as the
on orders over $ 50.

When a buyer has been informed that the contract was delayed,
the seller is automatically granted additional 30 days
unless the customer informs the seller that a delay is not
acceptable. If he does not respond to the notification, that
constitutes acceptance of legal delays. In general, and
most states, the seller may receive the second 30 days of delay, as long
as it is not a good enough reason.

New York law differs in the form of federal laws in the states
maximum period of 65 days (including delays) to
to be completed. Newcomers to the field of postal orders residing in New
York State should obtain a copy of New York executive.

30 Day article does not refer to the sale of credit cards. Credit
card fees should be handled when the contract is completed. If
mail order sales of credit card is canceled, the seller must deliver
before the buyer’s credit account within one billing
cycle after receiving an application for the cancellation.

Unordered Merchandise

Federal law relating to the unordered merchandise is simple.
It strictly forbids the practice. Free samples, if so
identified, are excluded.

Merchandise Substitutions

Most states, including New York, as well as federal law
allowed to sell goods to replace a similar or higher
quality. The law requires, and it is also good business
practice, to advise the buyer by making the substitution that
may return merchandise for free, if it is not
met. Some items, such as goods, which
artistic value, it can not be replaced. In connection with this
For example, a book on start-up can be given
replaced by a similar book on the same subject, but the book
literature by well-known author can not be replaced.

Return Merchandise

Unless the seller clearly states that do not offer
money back guarantee or tenders, for example, 30 days back
guarantees, it is obliged to make a full refund for the period
60 days, if the material is returned in good condition.

My own experience with the returned goods indicates that it is
quite rare. Our company, as an example, received no more than 1
2 returns for every 120 to 150 orders. If you are a seller
information and reports you sell or other
information that can be easily copied, you can take one
Policy stating that there is no return policy on the reports, etc.

These rights are only Federal regulations relating to
sale of goods, which are unique to the mail order
industry.

Headliners in advertising and sales literature

A few words should be said about the proper use of some of
most often used in advertising headlines. Again, on
in-depth review of laws relating to advertising, refer to
The book, as mentioned above.

The most common and most effective of these conditions are: sale,
NEW, and above all for FREE. FREE is a magic word in the U.S.
used by the giant advertising companies and small alike. By
all measures, these terms should be used, because they do not produce
sales. And if you follow simple rules of fairness
Wz use of these and other categories of advertising, it will remain
out of trouble.

Sales

A sale is a reduction from the seller’s own former price sales
from the article. The seller must be sold, and not only offered
article, for a reasonable period of time. This simply means
if 50% discount is offered for A $ 10 books, books, in some
the previous measurement must actually be sold at $ 10. If only
is to cover the $ 10 price, but it was sold at $ 7 $ 5 price
is not a 50% discount.

Free

Free means that it is free. To re-emphasize that the concept is very
success and will generate sales. But if something is offered
for free, it should be free. The free items may not
be hidden in another part of the bid, such as charging more
for other items than can normally free of charge.

New

Here’s another simple dates. It should only be used
when new items are advertised. A new book, which is one out
over the past 6 months (perhaps 12 months, and which would be
by stretching it), but certainly not 2 years.

How to start your own business

When you have decided you want to go into business, you have to set
each other to get started. It is not at all difficult. You
should have no concerns in this matter. It is easy and
inexpensive to do. There are no unusual legal requirements to
sell by mail.

There are three ways in general to the structure of the enterprise.
On the property company as well as partnerships.
On the property is the easiest and fasted at least
costly way to set yourself. In most cases, this will be
a way to run for the benefit of small businesses.

Corporations have tax relief, which may be more beneficial
than the Enterprise, but also strict record keeping
requirements. As a rule of thumb, companies should be
enabled, if it has annual sales in excess of 250,000 dollars. It
It is against the law in most countries, to use the shortcut Inc.
unless the business is incorporated. But you can use Co.
Partnerships are also specific legal requirements. Forming
partnership is generally necessary, when in business
someone else. There are no disadvantages and advantages in this
it. In addition to sharing the work and profits, the partners must
live well. It is almost always necessary in order to obtain legal
ordered the council to establish a company or partnership.

D.B.A. and / or Business License

In most cities, towns, or it is required that the company license
be obtained. In addition, you can generally have to register your
company name, if you are using a fictitious name. If you are
using your name, is not required. Prompt local or
County Clerk’s Office in order to obtain the necessary information.

Summary of copyright

For people interested in becoming publishers themselves or by
create their own work or using someone else’s, here is a brief
a summary of copyright law.

What is copyright

Copyright is a form of protection provided by the law in the
United States (Title 17, United States Code) to the authors’ original
works of authorship “including literary, dramatic, musical,
artistic, and certain other intellectual works. In the
copyright law, copyright protection (in case of printed matter) concerns
only to the words and their sequence, do not relate to
an idea, process, system, etc., regardless of the form in
which is described. This means that you hold the copyright words
in the back, rather than content. Copyright
generally gives the owner the exclusive right to be done and
allow others to do the following: In the case of print
works, to reproduce the work in various forms, such as copying,
etc. It also gives the owner the right to display
copyrighted work publicly.

Copyright automatically secured for the creation of

The protection of copyright is protected under the current law is
often misunderstood. No registration or publication
other activities with the Copyright Office is obliged to ensure
copyright. However, there are definitive advantages in this way
Because in the event of a dispute, it is much easier
to prove the registration of copyrights, if occurred.

Under the current law is protected by copyright automatically after
work is created, and the work is “created” when it is established in
a copy for the first time.

Registration procedures

Registration procedures are simple. In general, to register
work, three elements are to be sent to the Copyright Office
Washington, DC. Applications (the correct form can be obtained
from the Copyright Office), A $ 10 fee, a nonreturnable
submission of the work to be protected by copyright. For more detailed
information, including a copy of the law, write to:

Copyright Registry, Copyright Office, Library of
Congress, Washington, DC 20559

U.S. Postal laws

In general, to the post office to use the
U.S. mail to transport hazardous materials pornographic
materials and chains of money involved. For more detailed
information, write to:

Consumer Advocate, U.S. Postal Service, 475 L’Enfant Plaza
West, W.W., Washington, DC 20260

You can also obtain a free copy of Consumer Resource
Manual. It is designed to help resolve consumer complaints
of goods and services, federal and state agencies.

Write to:
Consumer Information Center, Department 532, Pueblo, CO 81009

Other free publications, which may be of interest to you:
“Sales by e-mail can be obtained at:
Small Business Administration, Washington, DC 20416-1110

“The Mail Order Rule” can be obtained at:
The Federal Trade Commission, Publishing Office, # 130, 6
and Pennsylvania Avenue, Washington, DC 20580-0001

The final say in the conduct of its business, and let common
sense of fairness and be your guide.