Black Friday arrives with great force, hype, and paparazzi! It is celebrated every last Friday in November in the United States, after Thanksgiving dinner, and now it is one more tradition in many countries around the world — a price campaign with unbelievable discounts that kick off Christmas shopping. The year 2020, marked by the pandemic and the debate between purchases in local stores, large chains, and stores online. A binomial that does not have to be a headache for consumers as more and more neighborhood businesses, small stores, are joining the wave of purchases on Black Friday with significant discounts in their windows and web pages. Hence the need to plan early for your Black Friday 2021 purchases.
Have you seen any discounts or are you thinking of anticipating Christmas shopping during Black Friday? Before taking the step of buying on Black Friday (both in physical stores and online), take into account these legal tips that are very useful.
Buy on Black Friday: you have the right to cancel your online purchase within 14 calendar days.
Although physical stores have joined the discount campaigns for Black Friday, this shopping period triumphs online, and this year 2021, with the increased restrictions and health security measures of the coronavirus, online shopping has become a great ally.
In these cases of virtual/online purchases, you have the opportunity to exercise your right of withdrawal. That is the equivalent of returning the item to a physical store. To do this, you have 14 calendar days, from receipt of the purchase, to assert your right of withdrawal.
By asserting your right of withdrawal, you should not assume any cost for returning a product purchased remotely, although companies can establish in the conditions of the contract that the expenses associated with this return, such as the carrier, are assumed by the buyer.
As the law establishes that, as a consumer, you have a minimum term — which can be improved by the company — of 14 calendar days to exercise the right of withdrawal, the entrepreneur has a period of 14 calendar days to return the amounts to the consumer. This period begins to count once the user is informed of his decision to exercise the right of withdrawal. If the entrepreneur does not proceed to return the amounts within the established deadlines, you can request said amount in duplicates. And in some cases, in addition to being able to claim compensation for possible damages that have been caused to you in excess of the said amount.
And the returns of purchases made in physical stores?
Currently, the regulations include the return of the purchase in physical establishments only in cases in which said article has a factory defect. If you want to return that item for another reason, you must analyze the commercial policy of each particular store, as it is considered a commercial courtesy.
Same legal guarantee
Those items that you buy during Black Friday must have the same legal guarantee as the products purchased outside of this discount period.
This guarantee must be required of:
● The establishment that sold the item,
● If it is impossible to go to that establishment, you can go to the brand itself.
● Remember that the products put on sale during Black Friday must be in perfect condition and meet the established quality standards.
● Claim online purchases on websites based on the stated/governing policies
General steps to claiming items sold on Black Friday (this could vary depending on your country of residence, the stores’ policies, etc
● The first step is to send a mail to the address that appears on the website.
● If the answer is not produced or it is not convincing, you may have the legal right to direct your claim to the designated Consumer Agency.
● Concerning making claims that concern websites whose operations are subject to the EU policies, the consumer can claim on the ODR platform of the European Consumer Center.
At this point, you must bear in mind that the organizations that we have just indicated are voluntary for companies and consumers, so if the company does not want to accept this type of conflict resolution, the consumer (you) must initiate other ways to claim their (your) rights.
Regarding going to court: Depending on the problem and as long as it is a company under the EU regulations, this approach could also be used to solve the problem.
How to Claim online purchases on websites whose headquarters are situated in the USA and countries not situated or governed by the EU.
The Internet allows you to buy on web pages in very distant places, but when purchasing any item on any web page, our advice is to assess whether it compensates, for example, by a lower price than the one found within your country.
If you buy a product from a website outside your country or territory of residence, and you run into problems, or in the event of any incident, the claim must be made to the bodies designated by that country, which would be within its jurisdictions to initiate any legal proceedings in said territory.
RIGHT TO RECEIVE THE TICKET OR INVOICE FOR PURCHASES DURING BLACK FRIDAY
Finally, within these basic but very useful tips for shopping on Black Friday, don’t forget to always ask for a purchase receipt or invoice. You have the right to receive the ticket and the seller cannot refuse to issue any of these documents, not even on Black Friday.
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