Black Friday and Cyber Monday will take place on 28 November and 1 December, two days of discounts that mark the official start of the Christmas shopping season and have now become a commercial phenomenon in our country. However, the European Consumer Centre in Spain (ECC-Spain) wishes to warn that not all offers always live up to what is advertised. That is why, as every year, the European Centre wants to help consumers distinguish between genuine discounts and those that are not so genuine, while reviewing some of their rights.
Furthermore, this year, in order to investigate possible misleading discounts by large online companies, the Ministry of Consumer Affairs has announced that it will carry out mass monitoring of prices and products in order to detect fraudulent discounts, i.e. price increases before Black Friday and then reducing them to their original price, conveying the false belief that a product is being purchased at a ‘discount’. In this context, ECC-Spain reminds consumers that whenever items are offered at a reduced price, the previous price must be clearly indicated in order to make a correct comparison. In this case, the previous price must be the lowest price that has been applied in the preceding thirty days.
Similarly, the Ministry has expanded the list of unfair commercial practices that will be monitored and sanctioned by consumer authorities. Thus, during this Black Friday campaign, the use of illicit dark patterns will be monitored, such as drip pricing (hiding costs at the beginning of the purchase process, with mandatory charges only appearing at advanced stages); pressure selling techniques (unrealistic countdowns or false messages of scarcity, creating an artificial sense of urgency in consumers); and personalised prices based on personal data.
Consumer rights
• Shops must provide accurate and sufficient information to enable consumers to make an informed purchasing decision. Concealing important information or providing false information is an unfair commercial practice.
• Contractual terms must be written in clear and understandable language. Any ambiguity will always be interpreted in favour of the consumer, and if the terms of a contract are unfair, they will not be binding on the consumer.
• The price of an offer must include all taxes and shipping costs. If there are additional costs that cannot be determined in advance, the consumer must be adequately informed.
• For discounted products, both the original price and the discounted price must be indicated.
• The warranty for discounted products must not differ from that for non-discounted products. In Spain, the minimum legal warranty period for new products is three years. In the case of products with digital elements, this period is reduced to two years, and if the item is second-hand, the legal warranty shall be agreed between the buyer and the seller and shall be for a minimum of one year and a maximum of three years.
• Discounted products must be of the same quality as new ones.
• The seller is obliged to repair, replace, discount or refund the purchase price if the product is faulty or does not correspond to what was advertised. As a general rule, a full or partial refund may only be requested if it is not possible to repair or replace the product.
• During sales, shops may apply certain ‘special conditions’. In such cases, consumers must be informed clearly and visibly.
• For distance purchases (e.g. online purchases) made within the European Economic Area, consumers have the right to return the product within 14 days without having to justify the reason, without incurring any costs or penalties (right of withdrawal). It should be noted that there are some exceptions to this right, such as the purchase of airline tickets, concert tickets or custom-made items.
Recommendations from ECC-Spain
• Before buying, make a list of the products you want to purchase, set a budget, compare the product at different stores, and track the price of those goods sufficiently in advance.
• Make online purchases at secure and trusted online stores, such as websites that begin with https://
• Use a secure payment system, such as a credit card. Credit cards offer the possibility of cancelling unauthorised transactions by means of chargebacks. This way, fraudulent charges or duplicate charges made in error can be resolved. To do this, it is recommended that you first try to resolve the issue with the merchant and, if that does not work, contact your bank to request a chargeback. Avoid bank transfers and be wary of shops that only accept payment in advance, as you could lose the money you paid up in advance if there are problems with the product.
• Always read the terms and conditions.
• Keep your receipt.
• Find out about the sustainability features of products, such as durability, repairability, or the ecological footprint of products.
• Contact ECC-Spain for assistance if you reside in Spain and have a problem with purchases made in a shop in another EU country other than Spain, as well as in Norway, Iceland, or the United Kingdom.