Consumer rights

Goods sold at a discount are governed by the same rules as normal-priced goods

The purchase is binding and a non-defective product may not be exchanged or the purchase cancelled unless the business has such a voluntary exchange and return policy in place. The business is, however, always responsible for defective products.

Several businesses which normally grant buyers the right to exchange or return items tend to exclude discounted products from that policy. If this is the case, the exception must be clearly displayed on a sign, for example: "Non-defective discounted products will not be exchanged."

Defective discounted goods

If a product is sold at a discount due to a defect, the exact nature of the defect must be clearly disclosed. For example, if a coat is missing a button that must be clearly noted on the price tag.

The business is liable to compensate for any defect in a discounted product if that defect was not disclosed before purchase and the defect is such that the buyer could not have noticed it through a normal inspection of the good.

The buyer may in the first instance request that the product be exchanged for a non-defective one or that the defect be rectified. The seller is entitled to rectify the defect before exchanging the product. If that can't be done within a reasonable time, the buyer may request a further discount on the price or cancellation of the purchase. Minor defects can be compensated by giving a further price discount.

The seller doesn't have the right to compensate an obvious defect in a product by other means, such as a gift voucher, unless the customer agrees to this.

It may sometimes take a fairly long time for a buyer to realise that a product is defective. A customer can make a claim based on the defect with the seller even after some time has passed from the date of purchase. However, the buyer should always contact the seller as soon as possible after noticing the defect. Loss of receipt does not translate to loss of rights. Businesses may not refuse to compensate for defects simply because the customer no longer has the receipt.

The selling price of discounted products must be disclosed

The final selling price of a product must always be disclosed to consumers in the shop. In the context of discount sales, this refers to the discounted price. In other words, it is not enough to disclose the original price and the discount percentage and only disclose the final price at the cashier. In fact, the original price need not be disclosed in conjunction with the discounted price at all.

The discount is calculated on the price that has previously been charged at the same location for the same product, immediately prior to the discount sales. If the shop hasn't actually charged the original price prior to the discount sales, using the "discount" expression is illegal. This applies, for instance, to situations where the product or product group said to be sold at a discount has never been sold in that shop at the reported original price (recommended retail price, crossed-out price or such) or the shop continuously advertises using expressions such as "discount sale", "clearance sale", "renovation sale" etc.

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