After the Christmas period, the typical gift exchange of the season begins. And many consumers go to stores to exchange, either because it doesn’t fit or even because they don’t like it. Procon-SP warns, however, that stores are not obliged to make this exchange, the obligation is only when they clearly warn of this possibility at the time of purchase or if the product has a defect. When purchasing online, the criteria are the same, but there is the right to regret, according to the Consumer Protection Code.
Procon-SP recommends that to make the exchange, the consumer must maintain the integrity of the product and meet the established conditions, such as keeping the label and keeping the invoice or purchase receipt to present when making the exchange. The ideal, according to Procon-SP, before buying a gift, is to have as much information as possible.
“When purchasing items on sale, the consumer also has their rights guaranteed. However, it is recommended to be careful with items sold in these conditions, as they may be damaged or have small defects, especially in display goods. In these cases, the general condition of the product must be requested to be specified in the order or invoice, as well as the possible conditions for exchange”, warns Procon-SP.
According to Procon-SP guidelines, when the exchange is based on taste or size, what is agreed with the store applies and the information must be clearly displayed to the consumer. If the exchange is due to a defect, the deadline for the consumer to complain about apparent or easily identifiable defects is 30 days, in the case of non-durable products. For durable products, this period increases to 90 days. In the case of a hidden problem, the period begins when the defect becomes evident.
The amount paid for the item prevails at the time of exchange, even when there are sales or price increases. When the exchange is for the same brand and model product, changing only the size or color, the supplier cannot demand additional value; Nor will the consumer be able to request a price reduction if there is a change between the amount paid on the day of purchase and the price on the day of exchange.
When a purchase is made online, the consumer has the right to regret and may return the product within 7 days of the date of purchase or receipt of the goods. However, Procon-SP advises the consumer to formalize the withdrawal in writing. Returns can be made with the right to receive the amount paid back.
Procon-SP’s guidance is that, if there is a problem exchanging the item, the consumer contacts Procon in their city to formalize the complaint. In São Paulo this can be done by consumer protection service website.
