Black Friday and Cyber Monday consumer rights: Can you return items for a refund?

If you order the new iPhone XS on Black Friday and it's faulty, here's what to do - REUTERS
If you order the new iPhone XS on Black Friday and it's faulty, here's what to do - REUTERS

It’s the heat of the moment. There are hundreds to be saved on almost every product you’ve considered buying in the last year and mere minutes until the offer slips through your smartphone-shopping fingers. You excitedly click 'Add to basket' a few times and before you know it, you've spent hundreds.

Not every spontaneous Black Friday and Cyber Monday buy works out. While the sales event might finally help you buy a TV big enough to host cinematic Christmas screenings with the family, it could also leave you with more impulse-bought appliances than your kitchenette could ever hope to house.

It is important to understand your consumer rights as the big day, November 29, draws closer. A cut price does not cut rights, but there are exceptions and rules to consider for both online and offline deals. Here's what you need to know.

What to do...

...If you change your mind

The value of a bargain is completely subjective. While £100 off a pair of designer heels could be a dream deal to a fashionista, a woman who usually only wears flats might have second thoughts when a pair of six-inch stilettos lands on her doorstep.

Generally, the time limit on returns is 28 days but many retailers have minor variations in their return policies. It is important to check each company’s respective guidelines before you buy to ensure you don’t accidentally breach their policy terms. Some terms — like giving you 14 days to notify the company of your intent to return and 14 more to physically return the item — can trip unsuspecting consumers up.

Consumer contract rules give consumers 14 days from receipt of an unused item to request a full refund and are often easier protected by online than offline purchases.

At a glance: It is usually safe to assume you have 14 days to request a refund, but it is imperative you check the retailer’s individual policy to avoid disappointment.

...If the product is faulty

It is the indisputable pin in the Black Friday balloon; you’ve bought your loved one the games console of all games consoles and, as they switch it on, the screen turns black. It arrived over 14 days ago.

Thankfully, you’re protected by the Consumer Rights Act. If you act within 30 days of receipt (including Christmas and Boxing Day), you are entitled to a full refund for faulty items. Any action taken after 30 days will not be ignored, either; the retailer has the option of repairing or replacing the faulty product in these cases.

At a glance: If you acknowledge the fault within 30 days, you’re definitely covered. If it's any longer, it's still worth checking.

...If digital content doesn’t work

The Consumer Rights Act introduced new digital rights to their remit in 2015, covering all downloadable and streamable Black Friday deals. This includes all purchasable apps, music, films, games or e-books that are of unsatisfactory quality, unfit for purpose, or not as described.

It is important to remember this does not include content included in a subscription (a paid Netflix subscription would not be refunded just because you didn't enjoy one of the films on offer).

At a glance: You have legislative digital rights which will refund misrepresented content.

...If your order doesn't arrive

Best case scenario, you are one of the eager millions awaiting the delayed arrival of a Black Friday bargain and simply need to check in on the due date with the retailer. If something is lost or missing, it is primarily the retailer’s responsibility to sort it — not the courier.

Worst case scenario: you’ve fallen victim to a Black Friday scam or a doorstep theft. Unfortunately, the retailer holds no responsibility in the case but organisations like Action Fraud (as well as your local authorities) are available to help when and how they can.

To avoid this at all costs, only shop Black Friday and Cyber Monday deals from trusted retailers and opt out of ‘safe place’ or doorstep deliveries where possible.

At a glance: Keep calm, carry on, and head into the Black Friday weekend mindful of near-inevitable delivery delays.

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