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Black Friday – return policy finally understandable

2022-11-01T13:17:13.630Z


Black Friday – return policy finally understandable Created: 01/11/2022, 14:09 Black Friday © IMAGO/Valeria Venezia Not all products bought or ordered on Black Friday are popular or the right size. Worth knowing about the right of return and the obligations of the seller. Munich – For the past sixteen years, numerous shops and many online shops have been attracting visitors to Germany on Black


Black Friday – return policy finally understandable

Created: 01/11/2022, 14:09

Black Friday © IMAGO/Valeria Venezia

Not all products bought or ordered on Black Friday are popular or the right size.

Worth knowing about the right of return and the obligations of the seller.

Munich – For the past sixteen years, numerous shops and many online shops have been attracting visitors to Germany on Black Friday with sensational bargains, prices are falling, and the best deals are being offered.

Typical for Black Friday is that all bargains are only valid for 24 hours.

You buy, order and are delivered – this year, by the way, on November 25, 2022. But what if you don’t like your mobile phone, the shirt you ordered feels too tight on your stomach or the TV set is too big for the living room cupboard after all?

Many consumers automatically assume that they can simply return goods if they don't like them.

The fact is: there is no legal obligation for retailers to do this.

In brick-and-mortar retail, a right of return is only granted on a voluntary basis.

The situation is different with online trading.

Here the customer generally has a 14-day right of withdrawal.

Within this period, items that are faultless but that you don't want to keep can be returned.

Black Friday - what is it actually?

Black Friday has been a staple in the US for decades, drawing millions of Americans to line up in huge early-morning lines outside stores each year to snag the best bargains of the year.

Traditionally, Black Friday always takes place on the Friday after the American harvest festival Thanksgiving.

The date of Black Friday has its origins in the USA, where there were massive price losses on the New York Stock Exchange on “Black Thursday”, October 24, 1929.

Due to the time difference, these price losses reached the European stock exchanges one day later and triggered a global economic crisis.

The term "Black Friday" was born, which Apple brought to Germany for the first time in 2006.

Black Friday took place almost exclusively online at the beginning, but in the years that followed, more and more retailers jumped on the bandwagon and also organized special sales campaigns.

While the discounts, bargains and offers used to apply primarily to categories such as electronics, customers today have a large selection of significantly reduced goods in all areas during Cyber ​​Week and use them primarily to stock up on gifts for the upcoming Christmas festival.

Black Friday - buyers' rights, sellers' obligations

But what to do if you don't like what you bought or, in terms of size, doesn't fit?

Pursuant to Section 433 Paragraph 1 Clause 2 of the German Civil Code, the seller must hand over the item to the buyer free of material defects and defects of title.

If the purchased product does not have a material defect according to § 434 BGB or a legal defect according to § 435 BGB, the buyer actually has no right of return.

After all, he has bought an item that is free of defects and a purchase contract is binding.

However, since there can always be bad purchases, the known rules for exchange, cancellation and warranty also apply on Black Friday, even if the price of the goods on Black Friday and Cyber ​​Monday is significantly lower than usual in the year.

That means:

Black Friday – the right of withdrawal

If goods are purchased in the online shop, the buyer – in contrast to private sales – has a right of cancellation (= withdrawal from the purchase) of 14 days, regardless of the reason for the return.

The following rules apply:

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  • The buyer must comply with this cooling-off period, which starts on the day after full receipt of the goods.



    The retailer must always inform the customer in writing in advance about their right of withdrawal.

    If he fails to do so, the cancellation period begins to run later, namely only when the customer receives the relevant information about his right of cancellation.



    With the 14-day period, every day counts.

    Sundays and public holidays are included.

    If the deadline falls on a Saturday, Sunday or public holiday, the next working day takes its place.



    But there are exceptions.

    These are, for example, perishable foodstuffs, goods specially made for the buyer and music CDs and DVDs where the seal has been removed.



    When returning the goods, the buyer should make absolutely sure that the goods are in perfect condition.

    Otherwise the retailer may be able to demand compensation from the buyer.

Black Friday - what is return, what is exchange?

A return is the actual return of goods for money.

The seller gets their product back and refunds the purchase price to the buyer.

However, not every item can be returned to the store.

As a rule, personalized items that have been individually manufactured according to customer requirements and therefore cannot be resold cannot be taken back.

For hygienic reasons, cosmetic products, underwear and swimwear are usually not taken back.

A return is also usually excluded for DVDs and CDs once they have been unsealed.

An overview of the conditions for the right of return:

  • The return can only be made within a certain period of time (usually 14 days).



    The return is only made against a voucher or goods, so there is no refund (exchange).

  • The receipt/receipt must be presented for the return.

  • Reduced goods cannot be returned.

In contrast to a return, an exchange means that a product is returned and the customer receives a new product (e.g. the item in a different color or size) or a voucher.

There is no refund here.

In both cases, however, the seller only acts as a gesture of goodwill and voluntarily grants the right to return and exchange.

Therefore, sellers can also set the conditions for this themselves.

Black Friday - can you exchange reduced goods?

The goods are often provided with a note that they are non-returnable.

But that is not entirely correct.

The fact is that the retailer has to take back goods if they are faulty - regardless of whether they are reduced or not.

However, if a price reduction is expressly stated as "goods with small defects", "2.

choice” or “miscolour” is justified, the buyer cannot subsequently refer to this defect in the goods.

If you complain about defective goods, you can also request rectification of items that were purchased at a reduced price up to two years after purchase.

Such a repair is possible in that the retailer repairs the goods, has them repaired or delivers the goods again.

Another alternative would be for the seller to reduce the purchase price again.

Black Friday – what is a guarantee?

The guarantee is often confused with the term warranty.

The difference is that every buyer has a right to a statutory warranty against the entrepreneur if the purchased product has a defect.

In such cases, the warranty period, which is two years according to § 438 BGB, applies.

The customer can then demand supplementary performance in accordance with § 439 BGB.

This means: either the defect in the product will be remedied or a new product will be delivered.

The seller has to bear the costs.

If both are not possible, the purchase contract can be canceled and the buyer gets his money back or the purchase price is reduced according to § 441 BGB.

Warranty rights are always asserted against the person from whom the item was purchased.

Usually this will be the dealer.

Black Friday - what is a guarantee?

On the other hand, manufacturers can also grant their customers a guarantee if they want to strengthen the customer's trust by guaranteeing the perfect functioning of their product for a certain period of time.

Within the warranty period, the buyer can contact the manufacturer and claim a free repair.

The manufacturer himself determines in which cases and to what extent a warranty claim may apply.

A correct warranty statement must…

  • ... be simple and understandable

  • … contain references to the statutory rights of the consumer


    and to the fact that these rights are not restricted by the guarantee

  • ... state the content, duration and place of validity of the guarantee

  • … include the name and address of the buyer

Source: merkur

All life articles on 2022-11-01

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