The Black Friday season, marked by “unmissable” opportunities in promotions and discounts, generates great enthusiasm and raises concerns. Therefore, two perspectives must be considered: that of the consumer and that of the economic agent.

First, the consumer should take note of the following aspects:

Regarding items purchased online, if the desired product does not meet expectations, the consumer has the right to withdraw from the contract within 14 days from the delivery of the item or, in the case of a service contract, from the date of the contract’s conclusion. This “right to regret” does not require any justification or reasoning to return the product. In turn, the merchant has 14 days from the date of the contract termination request to refund the consumer the amount paid, including delivery charges. If the seller fails to provide this refund, they must return double the purchase amount within a maximum of 15 business days, under penalty of being subject to compensation obligations. There is also the right to inspect and handle the purchased item within the limits of handling typically allowed in physical stores, as, in the case of a return, the product must be in proper condition.

Product warranties are also an important factor. Movable goods are granted a legal warranty period of three years, even if purchased remotely.

Regarding the timeframe for exchanges and returns, in the case of a defective product, the consumer has the right to repair and/or replacement, price reduction, and contract termination. If the issue is not a lack of conformity, there is no legal obligation on the merchant to grant the consumer the possibility of exchanging or returning the item. It is therefore advisable to check the store’s exchange and return policy in advance.

It is worth noting that if the consumer wishes to return a product after the Black Friday period, the refund amount considered will be the promotional price in effect at the time of the sale, as this is the amount actually paid, even if the product’s price has since increased. In the case of exchanging the item, a similar or equivalent product will be offered, and the merchant cannot demand the price applicable under non-sale conditions.

If the merchant fails to comply with the legal provisions, the consumer may use the complaints book, either in physical or electronic format, as well as alternative dispute resolution mechanisms available.

Let us now outline the best practices for economic agents:

Merchants are required to ensure transparency in pricing practices, adhering to advertising regulations and consumer rights. For discounts to apply, the reduction in price must explicitly refer to the lowest price charged in the 30 consecutive days prior to the same product’s sale, even if this was already a sale or promotional price. This includes promotions such as the widely known “buy three, pay for two.”

However, sellers enjoy freedom in setting prices, which may vary between physical and online outlets, including differences in prices across stores within the same retail chain.

They must also ensure the clear and unambiguous communication of all relevant information about the sales period, specifically: the type of sale; the types of products; the percentage reduction, specifying the previous and new price; the duration; the actual availability of items; and the acceptance of all usual payment methods. Any price variation based on the payment method is not allowed and may result in fines.

Lastly, there is a limitation on sending electronic communications through any means without obtaining prior and explicit consent from consumers for direct marketing purposes.

Merchants are also required to submit prior notification of sales and clearance events within the stipulated deadlines of 5 and 15 business days, respectively.

In summary, in this digital age, we strongly recommend verifying and using trusted websites, avoiding access to email links from unknown senders, or filling out forms directly with personal data. If you suspect misleading advertising, seek information before making a decision and keep a copy of the advertisement for possible safeguarding purposes. It is also worth highlighting the advantage of digital platforms that track product price trends, offering consumers a realistic view and allowing them to assess whether a discount is “fictitious.”

We aspire to transition from Black Friday to a Green Friday, prioritizing conscious consumption over excessive spending without genuine need, always prioritizing consumer interests while upholding commitments to the future. This entails heightened social and environmental responsibility through the implementation of sustainable practices, aiming not only to avoid punitive measures but to foster a culture of conscientious consumption.