Pre-orders for clothing: ship dates, delays and refunds

Sellers use the word pre-order for two quite different things, and the rules treat them differently.

The FTC’s business guide describes dry-testing in an advisory opinion it gave a publishing company, which wanted to offer a product that wasn’t available yet ^[1]. The conditions were ^[1]:

• nothing in the promotion may suggest the item will be shipped, or that people who show interest will receive it;
• all promotional material must disclose the material facts, including that the item is “only planned and may not be shipped”;
• if part of the offer is later dropped, you tell the people who signed up within a reasonable time;
• if you haven’t decided to go ahead within a reasonable time, you tell them, let them cancel and promptly refund any payment;
• you can’t send something else in place of what they ordered.

The guide adds that if these conditions aren’t met, the rule applies ^[1]. In practice: if you want to be free to drop a style that loses the test, either don’t take money yet, or say plainly on the page that the style may not be made and that everyone gets a full refund if it isn’t.

The FTC rule covers most goods ordered by mail, phone, fax or online ^[1]. Its core is simple ^[1]:

• If you clearly state a shipping time, you must be able to meet it.
• If you state no time, you must have a reasonable basis to expect to ship within 30 days of receiving a properly completed order.
• The clock starts when you receive the order with full or partial payment, in whatever form you accept, and the information you need to fill it.
• Shipped means physically handed to the carrier, not finished at the factory or packed.
• Your advertising “should be unambiguous about when you will ship”, whether you state a date or rely on the 30 days.

A reasonable basis means information that would satisfy a prudent business person acting in good faith; the guide mentions expected demand, supply and your capacity to fulfil orders, and says keeping no records of how you make sure you ship on time counts against you ^[1]. For a new style that means a confirmed production slot and lead time from your factory, plus time for delivery to you and for packing, not the date you hope for.

Two details catch people out. A promise made by email, chat or phone can replace the time in your ad, so keep your support replies consistent with the product page ^[1]. And a soft claim still counts: the guide’s example is a “48 hours most of the time” statement, which obliges you to ship or send a notice within 48 hours every time ^[1].

The guide lists some exclusions, such as C.O.D. orders and services ^[1]. It doesn’t discuss pre-orders where the buyer’s card is stored and charged later, so don’t assume that taking no money at checkout puts you outside the rule.

Production slips happen. Under the FTC rule, what matters is what you do before the promised date passes ^[1]:

1. Tell the buyer reasonably quickly once you know you’ll miss the date, and in any case before the promised time (or the 30 days) runs out.
2. Give a definite new date, or say you can’t give one.
3. Explain how to cancel for a full, prompt refund at your expense, for example a link or a reply to the email.
4. Email is fine. A note only on an order-status page isn’t enough if the buyer might not see it in time.

When an order is cancelled, refund within seven working days for most payment methods, including payment by a third-party credit card; if you extend the credit yourself, within one billing cycle ^[1]. If nothing shipped, refund everything the buyer paid, including shipping and handling ^[1]. Store credit, vouchers or scrip can’t replace a required refund, and you can’t send a materially different item instead without the buyer’s prior express agreement ^[1]. A different colour or fabric from the one shown is a change worth asking about first.

If you ship to buyers in the EU or UK, their consumer rules apply as well. At a high level:

So the ship date you show on a pre-order is the agreed time that replaces the 30-day default; it doesn’t remove the buyer’s right to a refund if you miss it. The made-to-order exception is aimed at things like a tailor-made suit ^[3]. A style you make in standard sizes for everyone isn’t obviously in that category, so don’t rely on it to refuse returns without advice.

• Shopify pre-orders need a pre-order app from the Shopify App Store; you set up each item in the app and manage the orders in your Shopify admin ^[7].
• They are only available if you use Shopify Payments or PayPal Express ^[7].
• You can take full payment, a part payment or nothing when the order is placed; the buyer’s payment method is stored and you collect the rest later ^[7].
• Shopify’s own pre-orders article says accelerated checkouts such as Shop Pay, Apple Pay and Google Pay aren’t available for pre-order purchases ^[8].
• If you uninstall the app, its pre-order data is deleted after 48 hours (customer payment information excepted) ^[7]. Export what you need first.

Shopify’s article also points out that money taken upfront is a liability rather than revenue, and that refund requests are likely if timelines slip ^[8]. Keep enough of it aside to refund everyone if the run is cancelled.

Most pre-order complaints start with a buyer who didn’t realise they were waiting. Shopify suggests showing the estimated ship or delivery date in the announcement bar, on the product page, at checkout and in the confirmation email, and making sure buyers understand it’s a pre-order before they pay ^[8]. If you charge later, remind buyers before you charge the stored card, and update them if the date changes ^[8].

If your product images are concept images, the listing has to say so too. A picture of a style on a model suggests a finished garment; a short line saying the style isn’t made yet and the photos are AI-generated concept images keeps the listing honest. Our guide on AI labels on ads and product images covers the platform labels. Once the garment exists, replace the concept images with real photos, and tell pre-order buyers if anything visible changed.

1. Get a production slot and lead time from your factory in writing, then add delivery to you, packing and a buffer. That date is your ship-by date.
2. Put the ship-by date, and the words pre-order, on the product page, in the cart, at checkout and in the confirmation email.
3. Say the style isn’t made yet and the images are concept images; say what is fixed (fabric, sizes) and what may change.
4. Decide what you charge upfront and say it: full price, a deposit, or nothing until it ships.
5. If you might not make the style, say so on the page and promise a full refund if you don’t.
6. Keep records: the factory’s dates, your order counts and every message about timing.
7. Set a reminder a week before the ship-by date. If you’ll miss it, email a delay notice with a new date and a cancel-for-refund link before the date passes.
8. Refund cancelled orders in full, to the original payment method, within seven working days.
9. If you ship to the EU or UK, check their delivery and return rules too.
10. Swap the concept images for real photos once the garment is made.

This is our wording, not Shopify’s or the FTC’s. Replace the brackets, use a date you can meet, and change anything that doesn’t match what you actually do.

Does the 30-day rule mean I have to ship within 30 days?

No. If you state a time, that is the time you must meet, and you need a reasonable basis for it. The 30 days applies when you don’t state a time ^[1]. A pre-order that says ships by 15 March can ship after 30 days, as long as it ships by 15 March or you send a proper delay notice.

Can I say ships in 6–8 weeks instead of a date?

The FTC guide asks for advertising that is unambiguous about when you will ship ^[1]; it doesn’t discuss ranges. A date is clearer for the buyer and for you. If you give a range, treat its far end as the promise and count it from the day the order is placed.

Can I offer store credit instead of a refund when I’m late?

You can offer it, but if the order is cancelled under the rule the buyer is owed a refund; the guide says credit, vouchers or scrip can’t replace it ^[1].

Can I run ads with concept images before the sample exists?

Showing a planned style to see who is interested is not the same as selling it. Once you take orders, the rules above apply; if you take orders for a style you may not make, follow the FTC’s dry-testing conditions ^[1]. Either way, label the images as concept images and the style as not made yet.

Do EU and UK buyers get 14 days to return a pre-order?

Generally yes: the 14 days run from delivery ^[3][5]. The exception for goods made to the buyer’s specifications or clearly personalised is narrow ^[3][6], and a style made in standard sizes isn’t obviously covered.