Learn about consumer rights for exchanging Christmas gifts

Is a gift synonymous with guaranteed satisfaction? It depends. Sometimes we are presented with a duplicated book or a full-size outfit that doesn’t fit. And what to do in these situations? The answer varies depending on the reason for the exchange, the rules of the store where the item was purchased and also what the Consumer Protection Code provides. There are situations in which the exchange is mandatory and in others, it depends on the store where the product was purchased.

The exchange of products that have no defects depends on the policy of 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. The Consumer Protection Code says that the establishment that has an exchange policy has the obligation to replace the purchased product. Large clothing and book chains, for example, tend to exchange items as long as the label is maintained and within a pre-established period.

In both situations, the exchange must respect the amount paid for the product, even if there are sales or price increases. In case of exchange for the same product, the store cannot demand a value addition. The consumer cannot ask for a price reduction if there is a change between what was paid and the value on the day of exchange.

“Thus, each store can have a different exchange policy, and the consumer must be aware of these rules: deadline, tax coupon, label, among others. Whenever possible, the consumer should request these exchange rules in writing to, in case of problem, register your complaint with Procon”, informed the Federal District Consumer Defense Institute (Procon-DF).

Consumer protection agencies also recommend that the invoice be saved for an eventual exchange. For clothes and shoes, for example, the tag must be kept on the garment and only removed when there is certainty that the product will not need to be changed.

vice or defect

The code says that the exchange will only be mandatory in cases where the product is defective or defective. In these cases, the consumer is guaranteed, for example, to change clothes with manufacturing problems or a toy that came out of the store broken. However, if the product has already been purchased defective and the consumer was advised of this at the time of purchase, then he will not be entitled to the exchange.

If the defect is apparent, the legislation determines a period of 30 days for the consumer to request an exchange, if the product is a non-durable good, such as food, beauty products. If it is a durable good, such as an appliance, an electronics, a clothing, a shoe, then the deadline is 90 days.

The code also says that if it is not possible to repair the product within 30 days, the consumer can choose to exchange the product, return the money or proportionally discount the price

It is important to note that the code says that this period will not be applied in cases where the defect is in an essential product – such as food, medicine, equipment to aid mobility, communication, hearing or vision, and the amount must be refunded payment or exchange of the product be made immediately.

internet shopping

If the gift was purchased online, the law guarantees the consumer the right to repent within a period of up to seven days from the date of receipt.

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 must be refunded – including shipping.

That’s why it’s important to keep a copy of the contacts from email and telephone call protocols, enabling the resolution of demands.

If the consumer is unable to solve the problem, the recommendation is that he look for the Procon of his state. You can also file a claim through the platform online of complaints of the federal government.

The initiative, launched in 2014, allows for direct dialogue between consumers and companies for an alternative solution to consumer conflicts over the internet. On the platform, the consumer sends the complaint directly to the participating companies, who undertake to receive, analyze and respond to complaints from their consumers within ten days.

Afterwards, the consumer has up to 20 days to comment and evaluate the company’s response, stating whether their complaint has been resolved or not resolved, and also indicate their level of satisfaction with the service received.