See your rights when exchanging Christmas gifts

Did the gift received at Christmas not fit, the color and model did not please or is there a defect? On December 26th, shopkeepers receive customers for the traditional exchange of gifts, a date on which they take the opportunity to increase sales, as many consumers end up spending more when making the replacement. But what many people don’t know is whether they have the right to exchange, as not all cases guarantee the right. Clear your doubts.

I didn’t like the gift. Can I change?

Although the CDC (Consumer Defense Code) guarantees the basic right to exchange, stores are not obliged to replace products if you don’t like the color or the model you don’t like.

However, as the trade bets on gift exchanges to increase revenue, some exceptions are made. In this case, it is worth the consumer to get information from the retailer, who, out of habit, tends to maintain more flexible rules to please the clientele.

Another item to pay attention to is the invoice. As many rules vary from store to store, it is important that those who give the gift are informed and pass on the information and valid receipt for the exchange, if applicable, to the recipient. However, if the document is lost, it is possible to request a reprint, according to Idec (Brazilian Institute of Consumer Protection). Many stores accept exchanges without a note, as long as the item has the original tag and no signs of use.

What are my rights when buying online?

In the case of virtual stores, the consumer has the right to withdraw from the purchase within seven days after signing the contract, acquisition or receipt of the product or service, as stated in article 49 of the CDC. “In the case of hiring a service, the count starts from the date of hiring”, says Procon SP.

The right of repentance can also be exercised within seven days after receiving the product. If you have won the gift, only the purchaser can return it.

My gift came defective. And now?

In the case of manufacturing failures or quantity errors, the consumer has three deadlines: 30 days for non-durable products, 90 days for goods such as electronics, clothing and appliances, and 90 days for items with hidden defects.

According to Idec (Brazilian Institute of Consumer Law), this period is complementary to the warranty provided for in the contract. Thus, if the warranty period provides for nine months of warranty for a computer, which is a non-durable item, then 90 days of the legal warranty are added, totaling one year of consumer warranty.