This year, Black Friday is celebrated on Friday 27 November, although many stores will begin announcing discounts weeks in advance. To calculate those markdowns, retailers are required to use the lowest price at which they have sold each product during the 30 days prior. The rule prevents a recent increase from being used to advertise discounts greater than the real ones, a practice that consumer authorities can fine.
Promotions also do not change shoppers’ rights. The discounted items keep their legal warranty, and online purchases can generally be returned within 14 days following receipt. In physical stores, however, returning a product without defects depends on the conditions announced by the store. To these differences are added possible transport and financing costs, which can make the price initially advertised more expensive.
The 30-day rule prevents inflating discounts
The article 20 of the Law on the Regulation of Retail Trade requires displaying the previous price alongside the markdown. As a general rule, the reference must be the lowest amount applied by the establishment to identical products during the 30 preceding days, although the regulations provide for some exceptions.
Thus, a store that has sold headphones for 100 euros cannot raise them to 150 shortly before Black Friday and then advertise them afterward for 90 euros with a 40% discount, as long as the 100 euros remain the lowest price in that period. The legally calculated markdown would be 10%, since the business must use 100 euros as its reference point and not the price it set after the increase.
Nor can it use the manufacturer’s recommended price to replace that reference. Even if the amount suggested by the brand is higher than what the store usually charges, the advertised reduction must be calculated in accordance with the price history of the establishment itself.
The tools that allow people to check how prices evolve help to uncover these practices, especially in electronics and home appliances. The European Consumer Centre in Spain advises following in advance the products that people want to buy and comparing offers from several establishments.
The comparison must be made between identical items. Storage capacity, included accessories, or the fact that a device is refurbished can explain considerable differences. You also have to account for shipping costs and other charges that the retailer adds before finalizing the order.
Where to complain when a store advertises a misleading discount
If the crossed-out price does not match the lowest amount applied during the previous 30 days, the buyer can submit a written complaint to the establishment. To prove the possible irregularity, the ad screenshots, the price history, and any documentation that makes it possible to verify when the product was offered and for how much money are used.
The Municipal Offices for Consumer Information (OMIC) and the regional consumer bodies receive complaints and reports when the company does not resolve the dispute. The competent authorities can investigate the advertising and, if they find that regulations have been breached, initiate the corresponding sanctioning procedure.
The consumer can also appeal to the Consumer Arbitration System if the establishment is subscribed to or agrees to submit to the procedure. Arbitration makes it possible to resolve certain disputes without going to court and ends with a binding award for both parties.
A report for misleading advertising can end in an administrative sanction, but recovering the money or obtaining compensation requires filing the corresponding economic remedy. Any fine that may be imposed on the retailer is not given to the buyer.
When the purchase has been made from a company established in another country of the European Union, Iceland, or Norway, the European Consumer Centre in Spain can help in trying to reach an agreement. To request its intervention, it is necessary to have previously filed a written complaint with the seller. The body provides free assistance, although it lacks sanctioning authority.
Black Friday returns depend on where you buy
Physical stores can refuse to return an item that works correctly when the customer has simply changed their mind. The law does not recognize a general right to get your money back for an in-person purchase, although many establishments accept returns voluntarily.
Each store sets its own terms, which may include a refund of the amount, exchanging it for another item, or providing a voucher. It may also set different time limits, provided it respects the commercial policy it has announced.
Online purchases from professional sellers have different protection. As a rule, the consumer has 14 natural days from receiving the product to communicate that they withdraw from the purchase, without having to explain the reason. After that, they have another 14 days to return it.
The seller must refund the payments received, including ordinary delivery costs, within the legal deadline. They may wait to receive the product or proof of its return before making the payment, unless it has offered to collect it. If the buyer chose a more expensive express delivery than ordinary delivery, the establishment does not have to reimburse that extra charge.
Return costs may be borne by the buyer, provided the store has informed them in advance of that obligation. Therefore, a shop may accept the withdrawal and require the customer to pay for transporting the item to its premises.
The law also excludes certain products from the right of withdrawal, such as customized items, goods that deteriorate quickly, or those that, for reasons of hygiene or health, cannot be returned once their seal has been removed.
The three-year warranty remains in place even if the product is discounted
New items sold by professionals have a three-year legal warranty from delivery, also during Black Friday. The establishment cannot shorten that period because it applied a discount, nor charge for repairing a defect covered by the warranty.
When the product does not conform to what was agreed, the buyer may require it to be repaired or replaced under the conditions provided for by law. If these solutions are not possible, are not carried out correctly, or other legal situations apply, they may request a price reduction or termination of the contract.
The seller must cover the necessary costs to repair or replace the item, including transport, materials, and labor. Additional commercial guarantees that some brands offer may extend the protection, but cannot reduce legal rights.
The distinction between warranty and return is especially important in physical stores: an establishment may refuse to accept an item without defects because the customer no longer wants it, but it must respond if the product has a lack of conformity covered by the warranty.
Purchases on marketplaces and offers from private sellers
On platforms like Amazon, products sold directly by the company that manages the website coexist with others marketed by external sellers. Even though the order is processed from the same page, the seller’s identity determines who must comply with the obligations arising from the sale.
The trader’s details must be shown in the information provided to the buyer. It must also be indicated whether the person selling acts as a professional or as a private individual, since transactions between private individuals generally do not enjoy the same consumer rights as purchases from businesses.
The invoice, the order confirmation, and the contracting terms make it possible to identify the seller and substantiate the characteristics of the product. This documentation acquires particular usefulness when the company is established outside Spain and a dispute arises about delivery, return, or warranty.
Interest and commissions can nullify the discount
Financing offers allow payment to be deferred for purchases, but the final amount may exceed the advertised price. Even loans marketed with 0% interest may include commissions or other expenses.
The Bank of Spain recommends consulting the annual percentage rate (APR), which reflects the cost of the financing according to the applicable calculation rules. The contract must also state the total amount owed, the installments, and the consequences of a delay in payments.
An item that goes from 500 to 450 euros during Black Friday can end up costing 510 if the buyer pays an additional 60 euros between interest and commissions. In that case, the financing would absorb the discount and raise the outlay above the previous price.
With deferred payment cards or revolving cards, small monthly installments can considerably extend the repayment of the credit. If much of each monthly payment is used to pay interest, the debt decreases slowly and the total cost increases.
The evidence needed to file a claim after Black Friday
Price screenshots announced, the terms of sale, order confirmation and the invoice make it possible to establish what the establishment offered and what the buyer ended up paying. If the dispute affects a return, the emails exchanged with the store and the shipping proof can also be useful.
In financed purchases, the credit contract and the payment schedule make it possible to check the interest, the commissions and the total amount that must be paid.
Keeping the original advertisement is especially useful when it is suspected that the discount was misleading, since advertising may disappear or be modified once the campaign has ended. The price history, together with that documentation, can help consumer authorities check whether the business respected the legal reference of 30 days.