Receiving a gift is not always synonymous with guaranteed satisfaction. The person who purchases a product and it does not fit or has a defect has the right to exchange. Who determines the situations in which substitution is possible is the Consumer Defense Code. There are situations in which the exchange is mandatory and, in others, it depends on the store where the product was purchased.
In the case, for example, of a blouse, pants or sneakers that you won, but did not like the color, the size or simply did not fit, the Consumer Protection Code says that the shopkeeper is not obliged to make the exchange. It will only be mandatory in cases where the product is defective.
In these cases, the consumer is guaranteed to change clothes with manufacturing problems or a toy that came out of the store broken. However, if the product has already been purchased with a defect and the consumer has been notified of this at the time of purchase, he will not be entitled to an exchange.
If the defect is apparent, the legislation determines a period of 30 days for the consumer to request a replacement, if the product is a non-durable good, such as food and beauty products. If it is a durable good, such as an appliance, an electronics, the deadline is 90 days.
The exchange request can be made directly to the store, the manufacturer or technical assistance. The code also says that if it is not possible to repair the product within 30 days, the consumer may opt for an exchange, a refund or a proportional reduction in the price.
It is important to note that, according to the code, this period will not be applied in cases where the defect is in an essential product – such as food, medicines, equipment to aid locomotion, communication, hearing or vision, and the amount must be returned. pay or exchange the product immediately.
The same procedure will be applied in situations where, due to the extent of the defect, the replacement of damaged parts compromises fundamental characteristics of the product or reduces its value.
Products with the so-called hidden defect, those in which the defect cannot be detected immediately and which appears suddenly with its use, have a period of 30 days, in the case of non-durable, and 90 days, for durable products, from from the date on which the defect is detected by the consumer.
essential products
TV sets, refrigerators, washing machines and stoves fall under the classification of essential products and, in the event of a manufacturing defect, they can be exchanged immediately. In these cases, the consumer does not need to wait a period of 30 days for repair and, as soon as the defect is found, the supplier must exchange the product or immediately return the amount paid.
The exchange for other reasons depends on each establishment. Therefore, it is worth talking to the person who bought the gift to find out if the seller has committed to making the exchange, even with the product in good condition. The Consumer Protection Code says that if the establishment has an exchange policy, it has an obligation to replace it.
In both situations, the exchange must respect the amount paid for the product, even if there are liquidations or price increases. In case of exchange for the same product, the store cannot demand an additional value. The consumer also cannot ask for a price reduction if there is a change between what was paid and the value on the day of exchange.
The Federal District Procon reminds that the consumer must be aware of these rules. “Each store may have a different exchange policy, and the consumer must be aware of these rules: deadline, tax coupon, label, among others. Whenever possible, the consumer must request these exchange rules in writing to, in case of problem, file the complaint with Procon”.
Consumer protection agencies also recommend that the invoice be kept for possible exchange. For clothes and shoes, for example, the tag must be kept on the piece and only removed when it is certain that the product will not need to be exchanged.
The Brazilian Institute for Consumer Protection (Idec) remembers a specific situation, called a consumer accident: one in which the defect in the product or service can pose risks to the consumer’s health or safety.
In these cases, the code says that the responsibility lies with the manufacturer and that all material and moral damages caused to the consumer must be compensated by the supplier of the product.
“It is worth remembering that the deadline for the consumer to claim compensation for a consumer accident is five years, but the responsibility of a producer or trader in a consumer accident can only be demanded if it is proven that the damage suffered by the consumer is directly linked to the product or service provided”, adds Idec.
shopping on the internet
If the purchase took place outside the establishment, such as those made on the internet, the legislation guarantees the consumer the right to repent within a period of up to seven days, counting from the date of receipt. The term also applies to contracts made in this way.
In addition, there is the possibility that the product arrives damaged or does not correspond to the order placed. The return, in these cases, can be made and the money paid will be refunded – including shipping.
That’s why it’s important to keep a copy of the contacts of email and telephone call protocols, enabling the resolution of demands. The retailer shall bear all costs of returning the product.
If the consumer cannot solve the problem, the recommendation is that he look for the Procon of his state. It is also possible to file a complaint through the federal government’s complaints platform, the www.consumidor.gov.br.
The initiative, launched in 2014, allows direct dialogue between consumers and companies for the alternative solution of consumer disputes over the internet. On the platform, the consumer sends the complaint directly to the participating companies, which undertake to receive, analyze and respond to complaints within ten days.
Then, the consumer has up to 20 days to comment and evaluate the company’s response, informing whether their complaint has been resolved or not resolved, and also indicate the level of satisfaction with the service received.
