Black Friday and Cyber Monday sales can be a great time to grab clothes, appliances and Christmas presents at a discount.
Australians are expected to spend $6.36 billion across the four-day sales period, according to research by the Australian Retailers Association and Roy Morgan, which is up 3 per cent on last year.
But there can be a reality check when an item you've bought is delivered or brought home: maybe the clothing doesn't fit, or the item is different to what you expected.
"When consumers are making decisions that are often impulsive, trying to get the best buy, they often don't make the most considered decisions, and that can lead to post-purchase regret," says Gary Mortimer, professor of retail marketing and consumer behaviour at the Queensland University of Technology.
So, what are your rights when it comes to refunds and returns for items bought during Black Friday and Cyber Monday sales?
You're not always entitled to a refund or return
Australian consumers have basic rights under consumer law known as consumer guarantees to protect them from faulty products and services.
The consumer guarantees include that products and services are of "acceptable quality" — such as being free from defects — and that product descriptions made by businesses, whether written or spoken, are accurate.
If you're sold something that is in breach of the consumer guarantees, you are entitled to a remedy — and that could include a repair, refund or replacement.
However, you are not entitled to a refund if you simply change your mind.
"Under the [consumer law], consumers do not have a right to a refund or a replacement where they change their mind and there is no problem with a product," the ACCC spokesperson says.
"For example, if consumers got what they paid for but decided they didn't like the purchase or had no use for it."
What if you buy a faulty or damaged item on Black Friday?
Businesses can't change or take away your rights to remedies for faulty products — even when products are bought on sale.
However, a business does not necessarily need to provide a refund for a faulty product if another solution like a repair would suffice.
"The remedy businesses should provide will depend on the circumstances, including the nature of the problem," a spokesperson for the Australian Competition and Consumer Commission (ACCC) says.
If you buy a product with a major problem — for example, if it's unsafe, seriously damaged or significantly different to the product description — you'd likely be entitled to a refund or replacement.
If the problem is minor, the business could be within its rights to offer a repair instead.
Why some retailers mark products as 'final sale' on Black Friday
Some retailers have returns policies that do allow for "change of mind" returns, but with conditions or restrictions for sales events like Black Friday and Cyber Monday.
The ACCC says retailers are within their rights to set additional limitations or conditions on change-of-mind refunds for sales items, providing "they act in accordance with what they say they will do under any … policy they have".
Some clothing retailers for example might state that products bought during sales periods are "final sale" — meaning no change-of-mind refunds or returns.
Professor Mortimer says it's important for consumers to read the retailer's returns policy, including how it applies to sales items, before making a purchase.
"Definitely read the returns and exchange policies, as they can differ," he says.
"The policy may be for sales items, end-of-season runs [change-of-mind] refunds and exchanges aren't available. But retailers also understand that's a barrier to purchase."
Importantly, even if a product is marked as "final sale", but is faulty or unsafe, you still have the same rights to remedies under the consumer law. That can include the right to a refund or replacement.
The ACCC points that that it is illegal for businesses to refer to store policies or terms and conditions that deny these rights, such as policies that say "no refunds" or "no refunds or exchanges on sale items".
You can be charged for return costs if you changed your mind — but not if the product is faulty
Processing returns is expensive and time-consuming for retailers, and some items such as clothing and footwear aren't always able to be resold.
Australasian Circular Textile Association founder Camille Reed says the return rate for clothing bought online in Australia is about 30 per cent — or roughly one in every three items.
To reduce costs, some retailers — including global fashion businesses including Asos and Boohoo — have introduced fees for change-of-mind returns.
The ACCC says businesses can make consumers pay return costs when items do not have a problem. However, the business must provide a reasonable estimate of these costs beforehand.
However, if a business confirms the product does have a problem, it "must reimburse the consumer for any reasonable return costs" they have paid.
The ACCC suggests keeping receipts for postage and transportation costs in case you are eligible to reimbursed by the business.
