Black Friday

Consumer rights

What steps can you take if you find an item purchased during the Black Friday sales is faulty or not as described?

The Consumer Rights Act 2015 implies certain terms into contracts for the sale of goods and this applies to Black Friday purchases. The purchaser will have a right for the goods to be:

• of a satisfactory quality;
• as described; AND
• fit for the purpose for which they were intended.

If the goods do not meet the above standards (e.g. if they are faulty), then the purchaser is entitled to certain remedies. Within 30 days of the goods coming into your possession you will be entitled to reject the item and claim a full refund. You also have the right to request repair or replacement of the item. Failing this, if the repair or replacement is not carried out in a timely manner or to a satisfactory standard, you will then be able to reject the item and claim a partial or full refund, depending on the circumstances.

Do you have any additional rights when you purchase a product online as opposed to on the high street?

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 give purchasers the right to reject the item and obtain a full refund within 14 days of the item coming into the purchaser’s possession. You will not have to give a reason as to the cancellation. Due to the current situation regarding COVID-19, the majority of online sellers currently allow purchasers a further 14 days to reject and obtain a refund. The regulations also stipulate that certain information is to be provided to the purchaser before entering into the contract to purchase. This information includes, but is not limited to defining the characteristics of the goods and services and giving the purchaser information about the right to cancel the contract. In many cases, it is likely that the purchaser will have access to a better description of the item when purchasing online, and are also required to read and accept the terms and conditions which provide even more information.

What rights do you have when it comes to digital assets such as downloadable games and e-books?

The Consumer Rights Act 2015 implies the same terms into contracts for purchase of digital content, that being that the content must be of satisfactory quality, as described and fit for the purpose for which they were intended.

Satisfactory quality includes state and condition, taking into account amongst other things:

• fitness for all the purposes for which digital content of that kind is usually supplied;
• freedom from minor defects;
• safety; and
• durability.

If the content fails to meet these standards, the purchaser will have the right to have the digital content repaired or replaced, or failing this, the right to a price reduction.

Are companies allowed to mislead you on the amount you are saving on a product in the Black Friday sales?

The Consumer Protection from Unfair Trading Regulations 2008 prevent companies from misleading customers on the amount they are saving in any sale. These regulations state that a company cannot mislead a purchaser. Misleading includes stating false, untruthful information in relation to the price of goods or any specific price advantage. Therefore, a company is not allowed to give a purchaser incorrect information about a sale price which leads the purchaser to make a purchase which they would not otherwise have made.

EU Guidance specifically states “It may be misleading if a trader uses an unreasonably high or otherwise misleading recommended retail price or reference price for the purpose of price comparisons, giving consumers the impression that they are being offered a more significant discount than is really the case.”

What can consumers do to avoid being scammed on Black Friday and Cyber Monday?

If you are interested in a certain product/products, do some research before Black Friday so that you know the general price the item was pre-sale. Ensure to check the price with several suppliers to ensure you are getting the best deal.

Be vigilant in relation to the website bar when purchasing online. Look for the padlock next to the domain name, which usually means the website is safe. Also check that the link to the website itself to ensure that there is nothing unusual, as many fraudsters set up very similar websites to those of legitimate supplies, and it can be difficult to tell the difference.

Be wary of emails/ text messages offering Black Friday offers, check the phone number/email address to make sure it is a genuine sender. Look out for emails stating that parcels haven’t been delivered or that invoices haven’t been paid.

If a deal seems unbelievable, it most probably is! This is one reason it is especially important to make price comparisons with other companies.

If you have any further questions on this matter, or any other dispute resolution matter, please contact one of our team today here.