Black Friday lands on 27 November this year and Cyber Monday on 30 November, and on 10 November the ACCC announced its third sweep of Black Friday sales advertising. If something you buy in those sales turns out faulty, not as described, or nothing like the bargain it was sold as, your rights are the same as they would be at full price. Claim Done turns that into a written demand the retailer has to take seriously: our Consumer Guarantee Letter sets out the fault, the remedy you are choosing and a deadline, and you review and approve it before it is sent.
This guide covers what the regulator is watching for this year, what a sale price does and does not change, and the order to do things in if the retailer stalls.
What the ACCC is watching this Black Friday
The ACCC’s 10 November 2026 release lists four tactics the sweep will target:
- ‘Sitewide’ or ‘storewide’ sales where a large number of products are actually excluded.
- Countdown timers and time-limited offers that keep running after the stated end date.
- Pressure tactics such as misleading testimonials and false claims that stock is running low.
- Strikethrough prices that the item was never sold at, or not recently.
For the first time, the sweep also covers emails and social media, not just websites. Deputy Chair Catriona Lowe put the retailer warning bluntly: businesses “should not be relying on fine print disclaimers or exclusions to qualify the headline message of a promotion.”
That is not an idle threat. In a 29 September 2026 release, the ACCC reported that furniture retailer James Lane paid a $19,800 penalty after its sale, advertised to end on 3 December 2025, kept running for another week. Play-equipment seller Vuly paid $39,600 across two infringement notices. Its ‘Click Frenzy’ sale offered up to 30% off with a countdown timer, and the moment the timer hit zero the discount rose to up to 45% off under a new timer.
Think about what that means for a shopper. On a $1,000 item, 30% off is $700 and 45% off is $550. Anyone who rushed to beat the first clock paid $150 more than someone who waited a day. The urgency was the product being sold.
A sale price does not cut your consumer guarantees
The consumer guarantees apply to sale goods exactly as they apply to full-price goods. The ACCC’s guide to consumer rights and guarantees says a product must be of acceptable quality: safe, durable, free from defects, acceptable in appearance and finish, and able to do what similar products are commonly used for. It must also match its description, match any sample or demo model, and live up to any extra promises the seller or manufacturer made.
Price does come into the picture in one narrow way. One of the questions the ACCC lists for judging acceptable quality is how much the item cost compared with similar products. A $40 kettle is not expected to last like a $300 one. Being discounted is a different matter. A $300 kettle marked down to $180 is still a $300 kettle, and the quality bar is set by what it is, not by the sale sticker.
The ACCC’s repair, replace and refund page is explicit about signs: it is illegal for businesses to rely on store policies that deny these rights, and it names “no refunds or exchanges on sale items” as an example. If you see that line at a checkout this month, it has no effect on a faulty product.
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Major fault, minor fault: what you can actually demand
The remedy depends on how serious the problem is. According to the ACCC, a product has a major problem when it is unsafe, is very different from its description, has a serious problem (or several smaller ones) that would have stopped you buying it had you known, or cannot do its normal job and cannot easily be fixed within a reasonable time.
For a major problem, you choose: a refund or a replacement of the same type. The refund should be the full amount you paid, the business must not deduct anything for the use you have had, and it should come back in the same form you paid unless you both agree otherwise. You can also choose to keep the item and be compensated for its drop in value.
For a minor problem, the business must fix it or repair the product for free. It can offer a refund or replacement, but it does not have to.
Two points catch Black Friday buyers out:
- The retailer is responsible. The ACCC says businesses must not tell consumers to go to the manufacturer for a remedy. “Contact the brand” is not an answer.
- Paying with a card, buy now pay later or a gift card does not change the guarantee. What changes is how the refund comes back: the same form you paid, unless you agree to something else.
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What you are not entitled to
Be honest about the limits, because a demand that overreaches is easy to refuse. The ACCC lists the situations where the guarantees do not give you a repair, replacement or refund:
- You simply changed your mind, found it cheaper elsewhere, or decided you did not like it.
- You caused the problem by misusing the product.
- You were told about the problem before you bought it (though a different, undisclosed problem is still covered).
Change of mind has one important exception. If the retailer has a change-of-mind policy, it must follow it. Many retailers extend their returns windows over the Christmas period; screenshot the policy on the day you buy, because policies change between sale events.
A fake discount on its own is also not a fault. If the ‘was $899’ price was invented but the item works and matches its description, the consumer guarantees are met. That conduct is for the regulator: report it to the ACCC. The ACCC says plainly that it does not resolve individual disputes, so a report does not get your money back. It does feed the sweep and the next round of penalties.
Where a fake claim crosses into what you actually received, it becomes your dispute. A ‘genuine leather’ sofa that turns out to be bonded vinyl does not match its description. A ‘brand new’ laptop that arrives with someone else’s files on it is not what was described. Those are consumer guarantee failures, and you can demand a remedy.
Seven steps when a Black Friday buy goes wrong
- Stop using the item once you find the fault, and photograph it, the packaging and any serial number.
- Save the evidence of the sale: order confirmation, payment record, and screenshots of the product page, the description and the sale banner. Do this before the listing disappears after the sale.
- Contact the retailer, not the manufacturer, and describe the fault in writing. Email or the retailer’s online form gives you a time-stamped record; a phone call does not.
- Say which remedy you are choosing. If the fault is major, name refund or replacement. If it is minor, ask for a free repair within a stated time.
- If you get a refusal, a ‘go to the manufacturer’, or silence for a week or two, send a formal written demand. It should cite the consumer guarantee that has failed, attach your evidence, state the remedy and give a clear deadline.
- If the deadline passes, lodge a complaint with your state consumer agency, such as NSW Fair Trading or Queensland’s Office of Fair Trading. Queensland’s guidance itself starts with talking to the business first, which is what your letter proves you did.
- If it is still unresolved, a consumer claim can go to your state tribunal or small claims court. Our guide to which tribunal hears your claim links each tribunal’s own page for limits and current fees.
The written demand at step 5 is where most disputes turn. A retailer’s customer service team can ignore a chat message. A letter that names the guarantee, sets out the remedy you are entitled to and gives a date before you escalate is a document they know the consumer agency and the tribunal will read later.
Before you click ‘buy’ this year
The ACCC’s own consumer advice for this sale period is worth following: focus on the end price rather than the promotional claim, check exclusions and conditions, compare prices across retailers and over time, and buy only if the price and timing suit you. Two additions that make any later dispute easier:
- Check the seller is real. The ACCC warns that fake online shopfronts lean on big discounts and ‘limited time’ claims, and says 58.7% of Scamwatch reports with a financial loss in the first nine months of 2026 were about buying and selling scams. A scam store will not answer a consumer guarantee letter.
- Keep the screenshots. A countdown timer, a ‘storewide’ banner and a strikethrough price are exactly the evidence the ACCC is collecting, and they are your evidence too if the description turns out to be wrong.
Our broader guides on getting money back from a retailer and your consumer rights in Australia cover non-sale purchases in more depth.
How Claim Done handles a refused refund
The Consumer Guarantee Letter is built for step 5. You answer a short set of questions about what you bought, when, what went wrong and what the retailer said, and upload your order confirmation and photos. Claim Done’s document engine drafts a letter that identifies the consumer guarantee that has failed, states the remedy you are choosing and sets a deadline for the retailer to respond.
You review the draft, change anything that is not right, and approve it. Only then is it sent by email. Nothing goes out without your approval.
It costs a flat fee, with no subscription and no hourly billing; the current price is on our pricing page. If the retailer still refuses after the deadline, the same facts carry straight into a tribunal application.
Claim Done is not a law firm. We draft the document from the facts and evidence you give us, and you decide what is sent.
Your next step
If a Black Friday or Cyber Monday purchase is faulty, not as described, or stuck behind a ‘no refunds on sale items’ line, do not keep arguing in a chat window. Start your Consumer Guarantee Letter on Claim Done: answer the questions, upload your order and photos, approve the draft, and the retailer has your demand in writing with a deadline attached.
Frequently asked questions
Can a shop refuse a refund on a sale item in Australia?
Not if the item is faulty or not as described. The ACCC says it is illegal for businesses to rely on policies that deny consumer guarantee rights, and it names 'no refunds or exchanges on sale items' as an example. A shop can refuse a refund if you simply changed your mind, unless it has its own change-of-mind policy, which it must then follow.
Can I get a refund if the Black Friday discount was fake?
A fake 'was' price on its own does not make the product faulty, so it does not usually give you a consumer guarantee refund. Report it to the ACCC, which is running a Black Friday sweep, though the ACCC does not resolve individual disputes. If the product also does not match how it was described, that is a consumer guarantee failure and you can demand a remedy.
Do I have to go to the manufacturer for a faulty Black Friday purchase?
No. The ACCC says businesses must not tell consumers to go to the manufacturer for a remedy. The retailer you paid is responsible for a repair, replacement or refund.
Does the refund have to be in cash or can they give me store credit?
For a major problem, the ACCC says a refund should be the full amount you paid, in the same form as the original payment, unless you and the business agree otherwise. You do not have to accept store credit or a voucher instead of a refund you are entitled to.
What should a letter demanding a refund for a faulty product include?
Your details and the order details, a description of the fault with photos, the consumer guarantee that has not been met, the remedy you are choosing, and a clear deadline. It should also say what you will do if the deadline passes, such as lodging a complaint with your state consumer agency or applying to your tribunal.
What happens when you send a Consumer Guarantee Letter
Same problem. What a prepared case looks like.
Getting it drafted
Can I have a Consumer Guarantee Letter drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Consumer Guarantee Letter from the answers you give about your situation for a flat $49 AUD. You read and confirm the draft, then the final PDF is emailed to you. Start at claimdone.com.au/begin/?service=consumer-guarantee. Claim Done is not a law firm and does not give legal advice.
How much does a Consumer Guarantee Letter cost, and how long does it take?
$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. It covers every Australian state and territory.
Do I need a lawyer to send a Consumer Guarantee Letter in Australia?
No. There is no legal requirement to use a solicitor to write or send a Consumer Guarantee Letter; many people send their own. Claim Done drafts it for you and you approve it before it is sent.