Black Friday: rules for online shops and consumer rights

Black Friday is the busiest sales day of the year for online shops, but also the moment when most legal mistakes are made. Belgian law has no specific rules for Black Friday: the ordinary rules of Book VI of the Code of Economic Law (CEL) remain fully applicable. Those who know these rules can sell with peace of mind. Those who ignore them risk fines, complaints and reputational damage.

Black Friday discounts: the 30-day rule

Anyone announcing a price reduction must state, as the reference price, the lowest price they applied during the 30 days before the reduction (Article VI.18 CEL). In the Aldi Süd case (C-330/23, 26 September 2024), the Court of Justice confirmed that a percentage discount must also be calculated on that lowest price.

In practice: a retailer who raises the price from EUR 79.00 to EUR 99.00 in mid-November and then advertises “-20%” at EUR 79.00 on Black Friday is not offering a genuine discount. That is a misleading price reduction announcement.

Five common mistakes made by online shops

1. False urgency. A countdown timer that restarts every day, or “only 2 left in stock” when that is untrue, is a misleading commercial practice (Article VI.97 et seq. CEL). Falsely claiming that an offer is available only for a very limited time is even on the blacklist of Article VI.100 CEL.

2. Bait advertising. Advertising a flagship product that is barely in stock, without saying so, is prohibited.

3. “Black Friday items cannot be returned”. The right of withdrawal also applies to discounted products. Such a clause is invalid. Nor may a shop impose a voucher instead of a refund.

4. Hidden costs. The total price, including VAT and delivery costs, must be clear before the order is placed. Pre-ticked boxes for extras are not allowed.

5. Fake reviews. Anyone claiming that reviews come from genuine buyers must take reasonable steps to verify this. Fake or purchased reviews are prohibited.

Your rights as a consumer when buying online

• 14-day right of withdrawal. You can cancel an online purchase without giving any reason within 14 days of delivery (Article VI.47 et seq. CEL). If you were not properly informed of this right, the period is extended by up to 12 months.
• Refund within 14 days. The online shop must refund the purchase price and the standard delivery costs. Return costs are only payable by you if the shop informed you of this in advance.
• Withdrawal button. In principle, online shops in Belgium must offer an online withdrawal function (transposition of Directive (EU) 2023/2673). This button or link must be easy to find, simple to use and available throughout the withdrawal period. The shop must then send a confirmation.
• Two-year legal guarantee. A product sold at a 50% discount must also conform to the contract. For a defect that appears within two years of delivery, the seller is presumed to be liable. You are then entitled to repair or replacement and, where appropriate, a price reduction or termination of the contract.
• Timely delivery. Unless otherwise agreed, the online shop must deliver within 30 days at the latest.

What does an online shop risk?

The Economic Inspectorate of the FPS Economy actively monitors misleading discounts around Black Friday. Infringements can lead to warnings, settlements and criminal penalties. An incorrect reference price can, for example, result in a fine of up to EUR 80,000 or 4% of annual turnover if that is higher (Article XV.83 in conjunction with XV.70 CEL).

Competitors and consumer organisations can also bring an action for an injunction. For consumers, a misleading practice may even lead to a refund of the purchase price.

Tailored advice? Have your general terms and conditions, price announcements and returns policy reviewed before the busy end-of-year period. Are you a consumer and is an online shop refusing your return or refund? Our firm can help you enforce your rights. Feel free to contact us without obligation.