Shopping this Black Friday or Cyber Monday?

Credit cards and wish lists at the ready, let’s go…

But wait! First, Marcella Cox, Head of Litigation at Lennons Solicitors, has a few essential consumer rights for you to remember during the weekend’s predicted shopping frenzy.

Consumer rights in England and Wales are protected by various laws and regulations and these rights apply to Black Friday purchases, just like any other time of the year. The Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 outline the key rights and protections for consumers.

We’ve also produced this information as a free downloadable guide: download yours here.

1 – Right to clear information

Retailers must provide clear and accurate information about the products and services they are selling, including details about the goods, the total price, any additional charges and the terms and conditions of the sale.

2 – Right to cancel

When shopping online or at a distance (eg by phone), you generally have a cooling-off period during which you can cancel the order without giving any reason – usually 14 days from the day the goods are received. However, perishable items or goods personalised for you will likely be excluded.

3 – Right to return faulty goods

If the goods purchased are faulty, not as described, or not of satisfactory quality, you have the right to return them for a refund, replacement or repair. This applies for up to 30 days after you make the purchase.

4 – Right to a refund

You have the right to receive a refund if you return faulty goods within 30 days of purchase. After this period, you may still be entitled to a repair or replacement.

5 – Price reduction for faulty goods

If you choose to keep faulty goods, you may be entitled to a price reduction. The amount of the reduction depends on the nature and severity of the fault and will generally be at the retailer’s discretion.

6 – Delivery time and conditions

Retailers must deliver goods within the agreed-upon time frame. If no specific delivery date was agreed, they should deliver the goods without undue delay. If your goods are not delivered within a reasonable time, you may have the right to cancel the order and receive a refund.

7 – Protection against unfair commercial practices

As consumers, we’re also protected against unfair practices, such as misleading advertising or aggressive sales tactics. Retailers cannot provide false information about products or use high-pressure tactics to force a sale.

8 – Credit card purchases

If possible always pay for your goods or services on your credit card to give yourself extra protection under s.75 of the Consumer Credit Act 1974 which lets you raise a claim against your bank or credit card provider for a breach of contract or misrepresentation by the supplier of goods or services.  To obtain this protection your purchase must be between £100 and £30,000.

So, before you head out to the shops this weekend, or go online to make your purchases, be sure you’re aware of your rights and assert them if you need to. Retailers are obliged to comply with the above  regulations and you should not hesitate to contact the retailer or seek advice from consumer protection organisations (for example, Citizens Advice) if you believe your rights have been violated.

Finally, carefully read the terms and conditions of sales, including return policies, before making Black Friday or Cyber Monday purchases.

Happy shopping and stay safe online. And what’s on a litigation lawyer’s shopping list this Black Friday, you may be wondering? I’m on the hunt for new running trainers and some accessories for my bike.

Marcella Cox is Head of Litigation and Dispute Resolution at Lennons Solicitors. She has almost 40 years of experience in law, mainly specialising in litigation, both in law firms and as an in-house solicitor .