In a country where electronic commerce and distance shopping have grown rapidly, consumer protection has become a central issue in legal and social discussions. More and more Colombians access goods and services through the internet, telesales or catalogsand in that scenario the possibility of regretting a purchase is essential. There the right to withdrawal becomes relevant, a legal figure that allows balancing the relationship between buyers and suppliers.
As explained by Angélica Navarro, partner in the Antitrust and Competition area of Baker McKenzie, this right “It is a legal guarantee that allows the consumer to unilaterally withdraw from a contract for the sale of goods or services, without the need to justify their decision or pay penalties, as long as they do so within the established legal period.”.
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For his part, Jorge Peralta, legal director of Peralta y Asociados Abogados, specified that “The right of withdrawal is the possibility that a consumer and/or buyer has to regret a contract related to the purchase of goods. or the provision of services within five business days from the delivery of the good or execution of the contract, without the need to provide further explanations.”.
Scenarios and legal regulation
In everyday life, this right is activated in increasingly frequent situations for Colombian consumers. Navarro pointed out that it applies in “purchases made online or digital platforms, contracting services by telephone or emailacquisition of goods financed by the producer or supplier and purchase of vacation plans or timeshares”.
In a complementary way, Peralta highlighted that the most common example is internet sales: “When someone buys online, receives the product at home and when they see it in person they realize that it was not what they expected, which is why they can request a refund.”.
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The regulatory framework that regulates it is the Consumer Statute. Navarro recalled that the right is enshrined in article 47 of Law 1480 of 2011, a rule that established deadlines and conditions to exercise it. In turn, Peralta added that Law 2439 of 2024 modified that article.
Although they perceive an increase in computer insecurity, people are willing to take that risk for online purchases.
Deadlines and conditions to exercise it
Regarding times, both sources agree that the general period is five business days. Navarro explained that these are counted “from the delivery of the good or the conclusion of the contract (in the case of services)”, and stressed that during that period “The good must be returned in the same conditions in which it was received, the consumer must assume the costs of transportation and return, and The supplier must refund the money paid without discounts or withholdings, within a maximum period of 30 calendar days.”.
Peralta added that, in the case of electronic commerce, the money return period is shorter: “the supplier has a maximum of 15 calendar days to return the money, and must do so by the same payment method or the one agreed upon with the consumer.”
Procedure and exceptions
The exercise of this right requires following specific steps. Navarro explained that the consumer must notify the provider of their decision, “preferably in writing or by a means that leaves a record“, return the product in the same conditions in which it was received, assume the transportation costs and wait for reimbursement within the time provided by law.
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Peralta agreed with this procedure and added that it is enough for the person to “communicate your decision to retract to the supplier within five business days, including by email or customer service”.
However, there are clear limitations. Both Navarro and Peralta listed the scenarios in which the rule excludes the possibility of withdrawal. It does not apply when it comes to services whose provision has already begun, personalized or custom-made goods.products that cannot be returned or deteriorate quickly, perishable goods, betting or lottery services, and personal items such as underwear or open cosmetics.
A key tool for consumers
In conclusion, the right of withdrawal constitutes an essential tool to guarantee balance in the Colombian market. Its recognition in the law seeks to give buyers confidence in the dynamics of distance commerce. and at the same time establish clear rules for suppliers.
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As Peralta summed it up, it is about the real possibility of “regret a purchase within the legal terms”, which reinforces consumer protection in a context of digital transformation of consumption.
Tatiana Alvira
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