What are your rights during the sales period?

We all, to a greater or lesser extent, look forward to any of the sales periods that take place throughout the year to make our purchases. It doesn't matter whether it's a new television, a new wardrobe or a new wardrobe. Discounts make us feel seduced by the shops. 
However, around sales periods, there is always a certain amount of uncertainty on the part of the consumer. This is why, on this occasion, we would like to specify what your rights are when it comes to shopping at this time of year. 

The current legislation on sales periods

Sales are widely regulated. First of all, we must take into account the framework established by Law 7/1996, of 15 January, on the regulation of retail trade. This text was published with the aim of establishing a balance in terms of commercial distribution between large, small and medium-sized companies, ensuring fair and free competition. 
Specifically, it defines them as products that were on sale in shops but which, during a specific period of time, are offered for sale at a certain discount. 
This legislation was amended during 2012 to give traders the freedom to discount at those times of the year when they consider it most appropriate. It also gives them the power to determine the duration of these sales. Each autonomous community is also free to adopt rules in this regard. 

Consumer rights during sales periods

Legislation has tried to protect consumers against possible malpractice by retailers during sales periods. We are going to explain what they are based on a few simple questions.

When is the sale on?

Although there is a certain amount of freedom on the part of retailers, the power to set the sales periods and their duration corresponds to each autonomous community. This does not mean that a specific establishment cannot set a date in the calendar on which, for example, it offers discounts equivalent to VAT. 
The shop must advertise that it is in sales in a place that is clearly visible to the public and always within the period set by the autonomous community in which it is located. The duration of these sales may not exceed two months or be less than one week. 
For its part, in order to specify that it is on sale, the shop must offer discounts on half or more of the products it has on sale. 

Does buying a product on sale mean giving up any rights?

The answer is no. A trader cannot sell a product at a discounted price in exchange for a shorter warranty or return period, for example. In this respect, he must ensure that the buyer has at least 14 days for immediate return, as well as respecting the warranty periods provided for. In case the product is defective, he is obliged to pay for its replacement or repair. 
In fact, in terms of return policy, the retailer will not be able to vary its return policy for the rest of the year. However, this is not a legal imperative, as the company can set the period it deems appropriate (7, 15, 30 days). (7, 15, 30 days...). 
The truth is that, in the case of traditional trade, there is no right of return 'per se'. This is due to the fact that the shop has the power not to allow the reimbursement of the payment for the product, although it is true that it will have to accept its replacement by another identical product, its exchange for another one by paying the difference or the payment of the amount in the form of a gift voucher.  

How can the consumer know that a price reduction has actually taken place?

It is not enough for the trader to say that a certain product has been reduced by 10%, 30% or 50% for example. He must prove it - how? By putting the new price tag on top of the old one. Under no circumstances may you place it in such a way that the original value of the product is not visible to the buyer. 
Both prices must be clearly indicated on the label so that the consumer can see how much the discount is. Facua and other organisations have platforms to monitor this. In case of non-compliance with their legal obligations on sales, the company can be subject to heavy penalties. 
In addition, no company may engage in 'dumping'. This term is used to refer to the practice known as 'selling at a loss'. It has been widely used by department stores in order to attract customers to other products. However, since it was ruled illegal by the European Court of Justice, no shop can sell below cost price.

What happens with discounted online products?

Although the regulations vary slightly in the case of e-commerce compared to traditional commerce, the customer's fundamental rights are safeguarded in the same way during sales. 
In this sense, online retailers are obliged to follow the same guidelines as brick-and-mortar retailers to declare a sale (more than half of their products with discounts, visible specification for the customer, etc.). However, beyond the return, the law provides for the right of withdrawal. 
The right of withdrawal gives the consumer the possibility to return the purchased product without giving any reason within 14 days of receipt. This is because the consumer is given the opportunity to view and examine the product to determine whether what was specified on the website is true. After all, buying a product physically is not the same as buying it on a virtual platform. 
In addition, the customer has the possibility to withdraw from the purchase in the time between the payment of the purchase and the processing and dispatch of the product. In other words, if the product is still in the company's warehouse and the consumer changes his mind, he has the right to receive a refund of his payment automatically. 
The return of the product on the grounds of withdrawal does not entail any penalty for the consumer. The only cost incurred, and only in specific cases where this is strictly necessary, will be the shipping costs incurred by the courier company. These cannot be applied in the event that the item does not correspond to the one purchased through the online platform or is damaged.

Consumers maintain their rights during sales

In short, during sales periods, the consumer not only keeps intact the rights he has throughout the rest of the year, but also acquires new ones adapted to the characteristics of the sales. In fact, the trader has a number of additional obligations which only serve to ensure that the customer enjoys a proper service and is not misled. If you have any doubts, please contact the specialist lawyers at G. Elías y Muñoz Abogados.