We know that sometimes we over-buy. Especially when there are promotions, as in the case of Black Friday that happened yesterday. There are many attractive opportunities and offers. The bill arrives literally.
“Saturday hangovers” can make the consumer quietly watch some purchases, realize that perhaps the item wasn’t really necessary, or had too much weight on the card bill. In short: a consumer may regret buying something.
The Consumer Protection Act empowers you to do so. The customer can withdraw from the purchase, without any justification, within seven days of the date of purchasing the item, shopping online, or upon receipt of the product.
But it is necessary to pay attention. Consumer law attorney Gabriela Sirotsky Gershenson, of Karpat Advogados, advises: This is only valid for purchases made online or over the phone.
“When the purchase is made directly in the store, in effect, the right of remorse does not apply, because it is assumed that the customer had access to the product and the exact terms of purchase,” he said.
Pedro Horta, an attorney who specializes in consumer law, recalls that there are two different concepts: reciprocity and remorse.
“Product exchange is not obligatory in the Consumer Protection Act. It depends on every store, every network. No owner is obligated to exchange a product. This usually happens more during the Black Friday period,” differed.
Review the main questions about the right to repentance.
Regretted the purchase on Black Friday. What should I do?
It depends on how you make this purchase:
- Physical store: the consumer should pay attention to the exchange policy that depends on each store
- Online purchase: the consumer has the right to exchange or return it within seven days of receipt. This procedure cannot entail additional costs to the consumer.
“However, in many cases, these internal policies can be abusive, prohibiting consumer rights, such as preventing exchanges or creating ridiculous conditions and requirements. Should this occur, the suggestion is always to refer the case to Procon or a trust attorney,” declares the attorney. Avila Ribeiro Jr. from Ávila Ribeiro e Fuji – Sociedade de Advogados.
He also remembers that it is essential to keep all receipts during negotiations. From screen printing by value, process to payment, payment itself, to any conversations.
“When consumers come across situations that they consider unfair, they have to record them. Unfortunately, we encounter many people who are right, but for not recording these situations correctly, they end up not being able to resolve them,” he says.
I paid with Pix. And now?
In practice, nothing changes. You also have the right to repent in the same way (remember: only in virtual stores or by phone), and you must search for the facility to request a refund. It is important to keep the transfer receipt – you can redeem it in the application itself.
What if I get the data wrong when working with Pix?
This process is very similar to errors in TEDs and DOCs. The consumer must contact the bank through which he made the transfer to request a refund. The deadline is 90 days.
I paid for my purchases with a bank voucher. Can I get the money back?
Yes, the scheme is similar to paying via Pix, but if you have not yet paid the bill, you can simply not pay it, after confirming the cancellation of the purchase with the company of course.
If you have already paid, simply request a refund. If the payment is scheduled, it is possible to cancel it through the mobile application or online banking. The deadline for returning may vary, but it is a matter of talking with the company to get it right.
If the store does not want a refund, what should I do?
Attorney Avila Ribeiro Jr. explains that the orientation is to search for Procon, first and foremost. He cites a very common case: when the store does everything so that the consumer cannot return the goods purchased on the Internet within seven days.
“In these cases, it is very important, in addition to the call, to send emails, WhatsApp messages and even non-judicial notifications to demonstrate consumer interest in the deadline,” he explained.
Product came broken or defective: Can I regret my purchase?
Yes, and in this case even if the purchase was made in a physical store. For durable products, such as refrigerators or furniture, the claim must be submitted within 90 days of delivery or completion of service. For non-durable items such as food or toothpaste, the deadline is 30 days.
In these circumstances, there are two possibilities: return the item, with a refund or provide in-store credits, or seek technical assistance to replace the item with a working one, at no cost to the consumer.
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