Canva's open. There's a big red price, an old price with a line through it, and a countdown timer ready to go.

Then a little voice asks: was it ever actually that price?

Good instinct. Black Friday is the week regulators watch sale pricing most closely, and plenty of the risky tactics are things small business owners do without a second thought. Not because they're dodgy. Because everyone else seems to be doing it.

Here's how to run a sale that sells, without the risk.

Short answer: You can run any sale you like, but what you say about it has to be true. Your "was" price must be a price you genuinely charged, "up to" claims need real stock behind them, sale items still come with the same customer rights as full-price items, and your countdown needs to end when it says it does.

Table of contents

• Are there special rules for Black Friday sales?
• When is a "was" price OK?
• How should you word "up to", "sitewide" and "from" offers?
• Can you say "no refunds on sale items"?
• What about countdown timers, free gifts and urgency?
• What about the total price?
• What mistakes catch small businesses out?
• What should you check before your sale goes live?
• Frequently asked questions
• What should you do today?

Are there special rules for Black Friday sales?

No. There's no separate rulebook for sales. The same consumer rules apply in November as they do in March.

What changes in November is the volume. Every business is shouting about discounts at once, so the temptation to make yours look bigger is real. That's exactly when small exaggerations creep in, and it's why sale claims get extra attention at this time of year.

The test is simple: would a reasonable customer walk away with the wrong impression? If your price, your discount or your deadline gives a false picture, it's a problem, even if every word is technically accurate.

When is a "was" price OK?

A "was" or strikethrough price tells your customer they're saving money. So it has to be real.

A "was" price is generally lower risk when:

• You genuinely sold the item at that price, not just listed it
• You charged it for a reasonable period, recently, before the sale started
• It's the price you'd go back to once the sale ends

It's higher risk when:

• You bumped prices up in October so the November discount looks bigger
• The "was" price only existed for a few days
• The item has been "on sale" so long that the sale price is really the normal price
• You use "RRP" for a price nobody actually charges

How should you word "up to", "sitewide" and "from" offers?

These little words do a lot of heavy lifting, so they need to be backed up.

• "Up to 50% off": a meaningful share of your range should actually be at 50% off. One item at 50% and everything else at 10% drifts into risky territory.
• "Sitewide": means everything, or near enough. If gift cards, bundles or new releases are excluded, say so clearly in the same place as the headline.
• "From $19": there needs to be a real product at $19 that people can buy, in stock, for the whole sale.

Headline offers and the fine print should tell the same story. Small print can explain details, but it can't take back what the headline promised.

Can you say "no refunds on sale items"?

This is the one I see most, on sale banners, in checkout notes and on website terms.

The problem is that sale items come with the same basic consumer guarantees as full-price items. If something is faulty, not as described or doesn't do what it should, your customer can still be entitled to a remedy. A blanket "no refunds" sign can mislead customers about those rights, and that's what makes it risky.

What you can do is choose not to offer refunds when someone simply changes their mind. That's your call, and it's completely fine to say so.

Better wording:

"We don't offer refunds or exchanges on sale items if you change your mind. This doesn't affect your rights if an item is faulty or not as described."

Short, clear, and it still protects your margin.

What about countdown timers, free gifts and urgency?

Urgency sells, and honest urgency is completely fine. The issue is fake urgency.

• Countdown timers should count down to a real end time. A timer that resets every time someone visits gets screenshotted and shared, and it costs you trust.
• "Only 3 left" should mean only three are left.
• "Last chance" should be the last chance. If you extend the sale, you can, but don't keep calling it final.
• Free gifts should be genuinely free. If you raised the product price to cover the gift, it isn't free.

What about the total price?

Show the price your customer will actually pay. If there's a compulsory fee, such as a booking fee or a card surcharge you always apply, include it in the headline price, not a surprise at checkout. Shipping can be shown separately, but make it easy to find before people get to the final step.

What mistakes catch small businesses out?

• Copying a big retailer's sale wording. They have legal teams and different terms. Your business needs wording that matches what you actually do.
• Forgetting the sale is over. Strikethrough prices left up in December turn a real sale into a misleading one.
• Conflicting messages. Your banner says 40% off sitewide, your FAQ says "selected items". Customers notice.
• Out-of-date website terms. Your refund policy should match what your sale banner says. If it says "no refunds", it needs the same fix.

What should you check before your sale goes live?

Run through this list before you hit publish:

1. Every "was" price is one you genuinely charged recently, for a reasonable period
2. "Up to" and "sitewide" claims match your actual range
3. Exclusions sit right next to the headline, not buried
4. Your refund wording says "change of mind", not "no refunds"
5. Your website refund policy says the same thing
6. Countdown timers end at a real date and time
7. Prices shown include any compulsory fees
8. Free gifts are genuinely free
9. Someone has a reminder to take the sale prices down when it ends

Frequently asked questions

Can I run a sale every month?

You can, but if your product is always on sale, the "sale" price becomes your normal price, and a "was" price stops being genuine. Keep regular prices regular.

Can I offer different discounts to my email list?

Yes. Exclusive offers for subscribers are fine, as long as what you say about them is accurate.

Do I need terms and conditions for my sale?

For a simple discount, your website terms and refund policy usually do the job. For giveaways, competitions or "spend and receive" offers, written promotion terms are a smart move.

What if I make a pricing mistake during the sale?

Fix it quickly and be upfront with affected customers. A genuine error, handled honestly, is a very different situation from a misleading claim left up on purpose.

Is "Black Friday pricing" a protected term?

No. Anyone can run a Black Friday sale. What matters is that the claims you make about it are true.

What should you do today?

Open your sale plan and your website refund policy side by side. Check the "was" prices, fix any "no refunds" wording, and make sure your countdown ends when it says it will. That's most of the risk gone in under an hour.

About the Author

Riz is the Founder & Director of Foundd Legal, a lawyer with 20+ years' experience and a long history of building online and ecommerce businesses.

She helps creatives and online business owners protect and grow their businesses with clear, practical legal tools that actually make sense.

LEARN MORE ABOUT RIZ

SIGN UP TO OUR FREE BUSINESS CHECKLIST

Disclaimer

We do our best to keep this content accurate and up to date, but laws change, interpretations evolve, and the internet isn't perfect. Occasionally, information may be outdated or contain errors.

This content is for general information only and isn't legal advice. If you choose to rely on it, you do so at your own discretion. For advice specific to your business, you'll need support tailored to your situation.