Those who take advantage of the Customer Day offers, celebrated on September 15, can benefit from the rights guaranteed by the Consumer Defense Code (CDC). The law even allows for repentance, with cancellation and full refund after online purchases, in addition to a series of conditions that may be required by the buyer.
Procon SP recommends that consumers use it if they need guidance. He also recalls that, since 2010, all commercial establishments must make the code available for consultation.
right of repentance
After making purchases on the internet, the consumer has the right to withdraw from the purchase within seven days after signing the contract, acquiring or receiving the product or service, as stated in article 49 of the Consumer Protection Code. “In the case of a service contract, the count starts from the contracting date”, says Procon SP.
A full and immediate refund of the amounts, including shipping and other fees, must occur. Procon SP reminds you that the right also applies to purchases made by mail, telephone, catalog or any other form outside the commercial establishment.
Regardless of what is in the contract, the law provides for a 90-day guarantee for durable products, such as home appliances and electronic devices, and 30 days for non-durable products, such as food.
According to Idec (Institute of Consumer Protection), this period is complementary to the guarantee provided for in the contract. Thus, if the warranty term provides for a nine-month warranty for a computer, which is a non-durable item, 90 days are added to the legal warranty, totaling one year of consumer warranty.
Offers must be fulfilled
Idec emphasizes that the offer made by the supplier must be fulfilled, otherwise it is considered false advertising. If not, the consumer is entitled to an exchange or cancellation with a refund of the amount paid.
The CDC sees it as non-fulfillment of the offer if the product is not delivered on time. Thus, the consumer can demand immediate delivery, equivalent product or cancellation of the purchase, with refund.
Exchange or repair of defective products
The supplier is not obliged to exchange products due to dissatisfaction with any aspect, unless provided for in its internal policy. If the product is defective, the CDC gives a period of 30 days from the date of complaint for the supplier to repair the product. If this does not occur, the consumer can request the exchange of the product for another one of the same, immediate refund or exchange for another product, at a discounted price.
If the repair compromises quality or lowers the market value, you can immediately request a replacement or refund. In addition, it is worth noting the store’s internal policy, which sometimes offers more advantageous alternatives to the consumer.
It is important to note that deadlines vary according to the type of defect. Idec explains that the apparent defect is the one that is easily detected, like a product that is scratched. In this case, a period of 30 days for non-durable products and 90 days for durable products, from the date of delivery of the product, to request the exchange is valid.
The hidden defect is what appears suddenly, with the use of the product. Also called a hidden vice, it comes from fabrication, not from natural wear and tear or misuse; an example would be a sudden problem with an automobile engine. The period of 30 days for non-durable items and 90 days for durable items is valid from the moment the consumer notices the defect.
Idec also says that if an essential product such as a refrigerator or stove is defective, the supplier must exchange or refund the customer immediately.