The first business day after Christmas is traditionally known as “exchange day”, but consumers do not always know what their rights actually are. The Rio de Janeiro State Procon clarifies what the Consumer Protection Code (CDC) determines regarding the exchange of gifts and highlights that the rules vary depending on the type of purchase made.
When purchasing in physical stores, the CDC does not oblige the establishment to exchange products due to personal taste, size, color or model. In these cases, the exchange is considered the store’s prerogative. Many companies allow exchanges as a loyalty strategy, but they can establish their own rules, such as deadlines, presentation of the invoice and maintenance of the label on the product. These conditions must be clearly and clearly communicated to the consumer at the time of purchase.
In purchases made outside the commercial establishment, such as over the internet or by telephone, the consumer is guaranteed the right to repentance. The CDC guarantees a period of up to seven days, counting from the date of purchase or receipt of the product, to withdraw from the purchase, regardless of the reason. In this situation, the supplier is responsible for bearing the return shipping costs.
When the gift is defective, the rules are the same for both physical stores and purchases online. The consumer can complain about the addiction within 90 days in the case of durable products, such as household appliances, clothes and cell phones, and within 30 days for non-durable products, such as food. After the complaint, the supplier has up to 30 days to resolve the problem.
If the defect is not resolved within this period, the consumer can choose between exchanging the product for another equivalent, refunding the amount paid, with monetary correction, or a proportional reduction in the price. For products considered essential, such as refrigerators, Procon highlights that it is not necessary to wait 30 days for repairs, and it is possible to immediately choose one of the alternatives provided for by law.
The agency also advises that, in any exchange or repair situation, the costs of shipping or posting the product must be assumed by the supplier. To guarantee their rights, the consumer must always keep the invoice, receipts, warranty terms and keep the product label intact.
Procon also reinforces that imported products purchased in stores or websites Brazilian products follow the same rules as national products, and must present all mandatory information in Portuguese.
