Sales in 2023: these are the rules
July 2023 - Sale! Everything must go! -50 per cent! Most traders pull out all the stops during the sales period to remove their old stock. But what are the rules around bargains? How much discount can you legally give? Is selling at a loss permitted? And how do you ensure a big sales spike during sales?
What does the law say about sales?
Twice a year, traders are allowed to sell at heavily reduced prices. The two periods are fixed.
When.
Winter sales: from 3 January to 31 January (when 3 January falls on a Sunday, the sales period starts on 2 January)
Summer sales: from 1 July to 31 July (when 1 July falls on a Sunday, the sales period starts on 30 June).
Which items and products are eligible?
You may only sell goods in seasonal sales that you:
have already offered for sale for at least thirty days before the start of the sales period, and
that are still in your possession at the start of the sales period.
Rules on discounts during the sales period
It is compulsory to use the term 'sales', 'bargains' or a similar term.
You must sell items at a significantly reduced price - lower than the reference price.
When announcing the price reduction, you must state the previous price - that is, the lowest price you have charged during the previous 30 days.
You may exceptionally sell at a loss during the sales periods.
Legal provisions around the blackout period
The presold or blackout period is one month before the sales start. Certain sectors are not allowed to announce any discounts during this period (lowering the price is allowed in itself). In this way, the government wants to guarantee that the sales period starts on the same day for each company, and that the price of the products on sale has actually fallen.
When?
Winter sales period: from 3 December to 2 January (if 3 January falls on a Sunday, the winter sales period starts on 2 December and runs until 1 January).
Summer blackout period: and from 1 June to 30 June (if 1 July falls on a Sunday, the blackout period for the summer pennies will run from 31 May to 29 June).
Which sectors have to comply with the black-out period?
The black-out period is limited to the clothing, leather goods and footwear sectors.
During the black-out period, the sectors concerned may not issue announcements of price reductions or distribute vouchers giving entitlement to discounts during this period.
Exceptions to the rules
The black-out period rules do not apply to fairs organised by local trade associations. The fair may last a maximum of four days per blackout period.
The law also does not apply to clearance sales. Those can take place as normal.
Sell more during sales? Analyse the figures
Data is the new gold. The better you know your customers, the more effective your next promotional campaign will be. Sales history, the most wanted item in your webshop, age, interests...: use these data to match your offer to your target audience, prepare your marketing campaigns or offer a personalised promotion.
How far can you go during the bargain period?
Not infrequently, sales degenerate into a veritable price war between competing shops. But is it wise to go along with this? Selling at a loss, for example, jeopardises your company's profitability, and is only appropriate if you get more customers and increasing sales out of it in the long run.
Some critical questions best asked beforehand are:
Why are you discounting? Is it because your competitor is doing it? Because your customers expect it?
Is discounting necessary at all? Maybe you will reach more new customers with an action on social media?
What specifically do you want to achieve during the sales? Try to define a measurable goal.
Can you give a convincing answer to each of these questions? Then your promotional campaign will be just fine.
