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Consumer rights in “Black Friday” 2022

Of the “Black Friday” stands in front of the door. Discounts, sales and great offers. This is how companies advertise and attract shoppers to their stores. But is there anything the consumer needs to consider when it comes to the purported deals? Do special regulations apply or what about the exchange?

The term “Black Friday” originated in the United States. In the US, this is the Friday after a public holiday Thanksgiving meant. This is also when the holiday shopping season kicks off. This is not only an opportunity for many US retail chains to offer a large number of discounts and special offers. In Germany, too, almost all companies attract visitors with “Black Friday” or “Cyber ​​​​Week”. But the articles are also available online. What is the legal aspect here?

What should be considered with special offers?

On the days in question there is a particularly high number of offers of technological and multimedia items due to their great popularity. But here you should be especially careful. Many retailers use discount campaigns, for example to “sell” customers to discontinued or slow-selling models. If you value the latest product, you must be careful not to get outdated goods. In addition, many offers and discounts are not as cheap as they might seem at first glance.

What should be considered when returning online specials?

The same is true here as it is in normal day-to-day online operations. Purchase goods as a consumer on line from a commercial dealer, you have one 14 day cancellation. This right applies independently of the defects of the goods. In the event of a right of withdrawal, the consumer must no reason indicate why he is exercising his right. However, the buyer must sign the sales contract with the dealer expressly retire. This can be done by email or post. However, it is not enough to return the goods without comment.

The withdrawal period begins upon receipt of the goods and not – as many believe – before the consumer has been correctly informed of his right of withdrawal. If this statement occurs immediately after the purchase, the term only begins from receipt of the goods run. If the entrepreneur forgets the cancellation policy entirelythe cancellation period only ends one year and 14 days after receiving the goods.

Must the goods be returned in the original box?

If you want to return the goods, the question arises whether you should return the goods in the original packaging. Many retailers state that returns are only possible in the original packaging. But this is a common misconception.

The statutory right of withdrawal does not depend on whether the buyer has kept the original packaging. In that case, retailers are not allowed to refuse the return just because the customer has already disposed of the original box.

But there is also one exception: This applies when the packaging a elementary part the goods is. But in which case is this the case? If you have purchased a specific collector’s item, for which the buyer often puts the original packaging in the display case, the items only have their collector’s value with the original packaging. In this case, the original packaging must be returned. Then the trader is entitled to reduce the refunded purchase price due to missing packaging, so that he receives compensation for the depreciation of the goods.

What rights does the buyer have on Black Friday?

Retailers like to give their buyers and customers the impression that special rules apply to special offers, especially regarding the warranty. But is not so. The only exception: it’s the goods expressly Why Certain Defects reduced in price, a warranty claim for defects in connection with this defect can be excluded.

Liability for material defects

In most other cases, the customer has claims from legal liability for material defects that go beyond the right of withdrawal. So if you received “bad” goods on Black Friday, you can choose between delivery and repair To select. Total available to the dealer Two repair attempts. If the device still does not work, you as a customer can withdraw from the purchase contract Take a step back. In that case, commodity and money are each other reimbursement. Nor does anyone deal with one good goods feed yourself, what you should pay attention to!
You can only assert your claims from liability for material defects if the goods have already been delivered at the time of purchase had a shortage. In the first six months after the purchase, this is simply regulated by law hypothetical. In that case, the merchant can try to prove otherwise. However, this isn’t as easy as it seems. If the six months expire, the buyer to die burden of proof to wear. It is therefore important not to wait too long to assert claims for defects.

General law of exchange

Ultimately, the question arises whether there is a general right of exchange I am. There is no exchange right during Black Friday or normal shopping days. If you use your right of withdrawal, this applies only for purchaseswhich have been contracted at a distance – for example online or by telephone – or at the doorstep. The right of withdrawal does not apply to purchases in a normal shop.

you may also be interested in:

The new purchasing law! first part

The new shopping law! Second part

Sources:

https://www.anwalt-suchservice.de/rechtstipps/black_friday_und_black_week_recht_fuer_die_schnaeppchenjagd_24178.html

https://de.wikipedia.org/wiki/Thanksgiving

https://de.wikipedia.org/wiki/Black_Friday

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