Some Tips on Buying Gifts by Mail Order

It is holiday season again, and if your mailbox is anything like mine these last few weeks, it’s been filled with all sorts of mail-order catalogues. From fruit and cakes to clothes and toys, you can buy just about anything from the privacy of your home by simply calling a toll-free number or filling out an order form.

But there are risks to mail-order shopping. You can’t walk into the store when the toy breaks or the dress doesn’t fit; you have to return the merchandise through the mail and hope that you’re dealing with a reputable company that will return the purchase price.

Fortunately, the mail-order business is heavily regulated by state and federal laws and agencies. Products must be shipped on a timely basis, as promised in the catalogue. If no time period is mentioned, sellers must ship within 30 days. You have the right to cancel and receive a full refund if the product is not shipped in a timely manner.

Your best protection is to order from a reliable company with a proven history of good customer relations. The lawyers at Nolo Press, a self-help publishing firm, advise: “Look for clear product descriptions, an unconditional money-back guarantee, a consumer hot line to deal with problems, merchandise shipped within the week of order and prompt notification and refund for out-of-stock purchases.”

You should also ask about return policies and procedures--try to find someone who pays the postage to return damaged goods.

On your first purchase from a company you’ve never heard of or bought from before, it’s probably best to make a small order. You wouldn’t want to buy hundreds of dollars of merchandise from an unknown firm.

If you have a serious problem, I suppose you’ll be able to sue the mail-order company in court, but that can get complicated if it is headquartered out of state, and the amount in dispute will usually not be large enough to merit a serious lawsuit.

If you made your purchase by credit card, federal law establishes a procedure for you to resolve the dispute. First, try to settle the problem with the retailer directly, but if that doesn’t work, send a written complaint to the financial institution that issued your credit card. Follow the instructions in “Your Billing Rights Notice,” which each credit-card issuer is required to send you. The issuer must acknowledge receipt of your complaint within 30 days and has 90 days to resolve the problem.

One practical tip here: Don’t give up. You may get frustrated communicating with a computer letter-writer, but keep after them in writing--and save all your correspondence.

There are also plenty of government agencies and consumer groups that may be able to help if you have a problem. Try the U.S. Postal Service if you think the company is being fraudulent. The Federal Trade Commission, which has an office in Los Angeles, is also charged with overseeing this area.

Incidentally, if you receive unsolicited merchandise (that you did not order) in the mail, both federal and state law allow you to treat it as a gift and keep it.

And that would be a nice holiday present.

Klein , an attorney and assistant to the publisher of The Times .