Note: This article has been amended since first publication.

Black Friday and Cyber Monday are coming up very soon. If you own a business and are thinking about getting involved by offering some reduced rates or discounts on your stock, you need to make sure your contracts reflect this. 

One of the most important documents for business owners in the retail and services industry are terms and conditions. This is because it’s your chance to explain in full and in writing what customers can expect from you and what you can expect from them. Before you start offering those promotions, you should check over your terms and conditions to make sure you’re covering the following three things: 

1. The cooling off period

A cooling off period is a statutory right under consumer legislation and applies if you’re selling physical goods. For a period of 14 days after the receiving the goods, the customer can choose to return the order. As will be explained, there are certain goods that the cooling off period does not apply to. In all other cases, though, the customer can return anything within these 14 days without having to give you a reason!

Many bridal businesses will sell personalised goods, so it’s important to remember that the cooling off period doesn’t apply to these goods, nor does it apply to certain goods like underwear or jewellery that cannot be returned for hygiene reasons. If a customer orders and receives a specially made wedding dress, they can’t decide they don’t want them anymore and get a full refund. It is the same if a customer orders a tailored hairpiece – they need to pay for it whether they want it or not. This also applies where customers have paid only a deposit – they cannot legally change their mind and refuse to pay the remainder of the balance. In the case of bespoke or perishable goods, you should also include in your terms and conditions that by purchasing the goods the customer waives their right to the cooling off period; this ensures all bases are covered and that the customer knows what they’re signing up to.

All businesses will have different refund policies, so it’s essential that your specific policy is included in your terms and conditions.

Please note that this is aimed at businesses making online sales to customers (otherwise known as ‘distance selling’). For businesses selling within stores, if you choose to have a refund policy, you must comply with that policy; however, you are under no requirement to offer the right of return simply because a customer changes their mind. 

2. Faulty Goods

Under consumer legislation, the goods you sell must be of as described, fit for the purpose for which they’re intended and of satisfactory quality. To give you an example, a wedding dress purchased from your store should be able to be worn for the whole wedding day (and the dancing afterwards) without falling apart at the seams, there shouldn’t be loose threads or missing sequins, and it shouldn’t be yellow if it was described as white. 
If the goods do not meet all three things, the customer is legally entitled to a full refund or a return and how they can go about claiming a replacement or a refund should be included in your terms and conditions. If it’s not, be sure to add this in as soon as possible.

3. Promotions

Any price reductions, discounts, 2 for 1 deals,  or whatever promotion you’re offering, needs to be covered in your terms and conditions. You should state that the pricing is only for a certain period, such as when the period begins and ends and how refunds work for those promotions and deals.

If you don’t include the promotional deals, you could have a customer come along asking for a refund at the full, initial price and you will have to honour that, which isn’t ideal!

If you’re getting involved in Black Friday or Cyber Monday, remember it’s vital to cover yourself and your business. We have clients come to us all the time asking what their rights are and when we look at their terms and conditions, we see that it wasn’t updated during promotional periods. Make a point of reviewing your terms and conditions during times like this as it’s better to be safe than sorry!

Find out more

At Jamieson Law, we pride ourselves on helping small businesses understand their legal obligations and we aim to make everything a bit less overwhelming. We can help you get your contracts sorted before Black Friday to make sure the busy period runs smoothly for you. 
If you feel like you could benefit from some one-to-one advice on consumer rights, your terms and conditions, or any other legal matter, please take advantage of our FREE 15-minute legal advice calls.
You can book a slot here: calendly.com/jamiesonlaw/15min