What information should I save when a seller offers a substitute for an unavailable order item?
Quick answer
Save the order reference, the exact original item, why it is unavailable, and the proposed substitute’s name and distinguishing details. Record the price, any timing or delivery changes the seller mentions, when and how the offer was made, and your exact response—including if you have not decided. Ask the seller to confirm the terms and your decision in writing. Check the seller’s current process rather than assuming a substitute will be sent.
The question, the details, the next step.
A seller says the item I ordered is unavailable and offers something similar. What should I write down before I answer?
Make a note that separates the original order from the proposed replacement. Include the order number or a placeholder for it, the original item’s name and model or other identifying details, and the seller’s wording about why it is unavailable. For the substitute, capture its exact name, model or size if provided, and any differences the seller points out. If a detail is missing, write “not provided” rather than filling it in yourself.
Also record the offer’s date and channel, who or which department contacted you if known, the stated price, and any delivery or timing terms the seller mentioned. Keep the message, email, or other order communication where you can find it. These notes help you ask about the specific offer rather than relying on memory.
Should I record whether I agree, even if I’m still deciding?
Yes. Write your response plainly: “I agree to the substitute described above,” “I do not agree,” or “I have not decided; please do not treat this as my agreement.” If you agree only on stated conditions, record those conditions and ask the seller to confirm them. Don’t let an unclear or incomplete note stand in for your decision.
The FTC guide says that, within the Mail, Internet, or Telephone Order Merchandise Rule’s scope and the circumstances it describes, a seller may not send a materially different substitute without the buyer’s prior express agreement. [S1] That limited rule does not establish every retailer’s substitution process or resolve every order situation. Check the seller’s current process and ask what will happen to your order if you decline or do not decide.
Can you show me a short note I could use without assuming details I don’t know?
Use this as a fill-in note, and leave unknowns marked rather than guessing:
“Order: [order reference]. Original item: [name and identifying details]. Seller said: [exact reason or wording about availability]. Proposed substitute: [name and identifying details]. Differences explained: [details / not provided]. Price: [stated amount / not provided]. Delivery or timing terms: [seller’s exact statement / not provided]. Offer received: [date and channel]. My decision: [agree / decline / undecided]. Conditions or question: [text / none]. Seller confirmation: [date and response / pending].”
For example, if the seller names a replacement but gives no model or price, write “model not provided” and “price not provided.” Then ask for those details before deciding if they matter to you. Save the seller’s reply with the note.
What should I ask the seller to confirm so the record is useful later?
Ask the seller to confirm the exact replacement being offered, its price, and any delivery or timing changes they have stated. Then ask them to confirm how they recorded your response and what happens to the original order if you accept, decline, or need more time. These are clarification questions, not assumptions about what the seller must offer.
Keep the exchange together: your note, the original order confirmation, the offer, your reply, and the seller’s confirmation. If the seller’s response is ambiguous, write down what remains unclear and ask a focused follow-up before treating the substitution as settled. The source describes a rule for particular circumstances; it does not establish the seller’s process for your specific order. [S1]
A practical checklist
Record the order reference and the original item’s exact identifying details.
Copy the seller’s stated reason the item is unavailable; mark unstated details as “not provided.”
Record the substitute’s name, identifying details, price, and any stated timing or delivery changes.
Note when and how the offer arrived, and save the original communication.
Write your decision clearly, including if you are undecided or have conditions.
Ask the seller to confirm the offer, your response, and what happens next.
A few more useful answers
What if the seller has not given enough information to identify the substitute?
Record exactly what they provided and mark missing details as “not provided.” Ask for the identifying information you need before deciding.
Does saving the offer tell me what the seller will do if I decline?
No. The note preserves what was said; it does not establish the seller’s process. Ask the seller to explain and confirm what happens to your order.
Should I keep a copy of my response as well as the offer?
Yes. Save your response and any seller confirmation with the offer and original order details so the sequence and your decision are clear.
Sources
References used for this guide.
- [S1] FTC business guide to the Mail, Internet, or Telephone Order Merchandise Rule search.ftc.gov · Checked