5 legal tips for navigating Black Friday/Cyber Monday Sales

- November 7, 2023 3 MIN READ


The excitement of Black Friday and Cyber Monday can be palpable for consumers and businesses. These shopping extravaganzas offer small businesses the perfect opportunity to boost their sales and attract new customers. However, small businesses must stay legally compliant amidst the flurry of discounts and deals, advises Shalini Nandan-Singh, founder of Legally Shalini.

5 vital legal considerations for a successful and lawful Black Friday/Cyber Monday sale

  1. Clear and concise Terms and Conditions

Let’s begin with the cornerstone of any successful sale event: clear and comprehensive terms and conditions. The terms and conditions are the rulebook for your sale. These should explicitly state the sale’s duration, the nature of discounts or promotions offered, and any restrictions or limitations. By providing customers with transparent guidelines, you minimise misunderstandings and establish a legally binding agreement that helps prevent disputes.

TIP: Although you can DIY your sale terms, it’s best to get them written or reviewed by a legal professional.

  1. Avoid deceptive advertising

Some businesses may be tempted to employ deceptive advertising practices to stand out during the shopping frenzy. This can include advertising a product as “discounted” when, in reality, it has never been sold at the stated regular price. Engaging in such misleading tactics can lead to severe legal consequences, including hefty fines and damage to your business’s reputation. Instead, focus on genuine discounts and promotions that resonate with your target audience.

  1. Consistency in service quality

While offering enticing discounts is an excellent strategy, it’s essential to maintain consistency in the quality of service or products regardless of the price paid. Every customer deserves the same level of attention and care, whether they snagged a bargain or paid full price. Providing a lower quality service to customers who purchased at a sale price can lead to dissatisfied clients, negative reviews, and, in some cases, legal disputes. By upholding the same high standards for all customers, businesses can build trust, encourage repeat purchases, and enhance their reputation. Remember, exceptional service doesn’t have to come at a premium—it can be a hallmark of your brand.

  1. Prepare for high demand

One of the most exciting aspects of Black Friday and Cyber Monday is the surge in customer demand. It’s crucial to anticipate and prepare for this uptick in business. This preparation includes ensuring that you have a sufficient inventory to meet the heightened demand. Running out of stock on a highly sought-after item can lead to customer frustration and lost sales. Additionally, ensure your website’s infrastructure can handle increased traffic without crashing. Slow or unresponsive websites can deter potential customers and tarnish your brand’s image.

  1. Transparent Refund Policy

A well-defined refund policy is indispensable during a sale event. Outline the procedures for customers seeking refunds on sale items. This clarity reduces the potential for disputes and ensures your business remains legally protected. Be sure to communicate this policy to customers to manage their expectations. A transparent approach fosters trust and confidence among your clientele.

TIP: What does your refund policy say about requesting a refund or discount for items bought before a sale?

With these legal considerations in mind, small businesses can maximise the opportunities presented by Black Friday and Cyber Monday. Balancing attractive offers with legal compliance boosts sales and enhances your brand’s reputation and customer loyalty.

While these tips provide valuable legal insights, consulting with a legal professional is advisable to ensure your business fully complies with all relevant laws and regulations, leaving you to focus on delighting your customers during this thrilling shopping season. Book a Pick My Brain session ASAP if you need help navigating your Black Friday/Cyber Monday offer.

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