Black Friday: know the rights of the consumer who regrets the purchase

It started on Friday (26) another edition of Black Friday, which arose a date for sales in the United States and, today, it is already consolidated in Brazil as not just one day, but a period – and even the whole month – of retail discounts.

Around here, it became an opportunity to advance Christmas shopping. There are some consumers who even prepare for the event, researching in advance and making savings to take advantage of promotions. But there is also a good portion of consumers who buy on impulse, without any planning.

For all cases, Procon-SP states that, in accordance with the Consumer Defense Code, the consumer has the right to withdraw from the purchase and reimburse the purchase price. Valid for purchases made off-premises, regardless of the reason for giving up and not just during Black Friday.

“The regret of purchases is also a Brazilian right. This exists every time someone buys an item either via virtual or physical mode. However, consumers must be aware of the Consumer Protection Code and understand what their rights are, which are still restricted here in Brazil”, says Gustavo Kloh, professor at the Getúlio Vargas Foundation (FGV), in Rio de Janeiro.

Withdrawal within 7 days

Either through the website or by telephone, the consumer can withdraw from the transaction, for any reason, at no cost, within seven calendar days, counting from the purchase or receipt of the product or service. According to Procon, the product can be returned even if the package has been opened.

The consumer is also entitled to withdraw from the purchase in cases of non-compliance with the offer – delay in delivery, wrong delivery, incorrect price information, misleading advertising and inappropriate product, that is, one that was not purchased by the consumer.

Return of values

The amounts eventually paid, in any capacity, during the reflection period, must be returned, immediately, monetarily updated. In other words, if the consumer withdraws from the purchase within the established period, the company will have to return the money or reverse the charge – in the case of payments made by credit card, according to Procon.

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Problems with offered price

The consumer tends to make the purchase and perceive that the value is different from what is offered after the purchase is made. According to Procon, the price that must prevail is the one offered, that is, the lowest value. The agency also reinforces the importance of documenting what happened – for example, saving the internet pages or photographing the offers – to prove the price to which you are entitled.

Paula Danese, lawyer and professor of consumer law at the Brazilian Institute of Capital Markets (Ibmec) in São Paulo, says that the price presented to the consumer, the quality of that product or its quantity must be clearly presented to the person interested in the purchase . “If nothing is kept as presented, the consumer will always have the right to purchase at the price offered.”

Delivery

It is necessary to pay attention to the date stipulated by the companies – whether during physical or virtual purchases – for delivery of the product. With scheduling, the deadline for receipt must increase, but cannot exceed the 30-day limit. In order for the supplier to want to deliver the product before the scheduled date, it is necessary to consult the person responsible for the purchase.

In case of late delivery, Procon indicates that the first contact must be made with the seller.

In case there is no return with the solution of the problem, it is possible to seek help from Procon to try to reach a reconciliation or go to court. If preferred, the consumer can withdraw from the purchase. The company is responsible for canceling and refunding everything that was paid.

Consumers will be able to use their right of regret, provided for in Article 49 of the Consumer Protection Code, according to Danese.

Defective product must be guaranteed repair or exchange

In case of defective product, the customer has the right to repair or exchange it. The store, in turn, can first propose a repair, which must be done within 30 days. But, if the problem persists, the consumer has the right to exchange the product.

By law, the period that the consumer has to complain about problems that are apparent or easy to detect is 30 days – for non-durable products, such as food and cosmetics – or 90 days, for durable goods, such as TV or refrigerator.

Freight

The consumer who wants to give up the purchase, no matter what the reason, cannot afford the shipping cost. The company must return everything, including what was paid for shipping.

Informations about the product

Procon states that all sales sites must clearly inform all the characteristics of the product or service, in addition to the price charged, payment methods, delivery time and shipping cost. If there is the option of taking out insurance, the consumer must also be informed.

“The moment in which the consumer has physical contact with the product he purchased virtually is predominant for him to know if it was really what he wanted. So, as much information as possible about the product counts for a lot and is also a right of those who consume it”, says Paula.

Flagged products

Also according to Procon, stores are required to clearly inform which products are on offer on Black Friday so that the customer does not mistakenly buy something without a discount.

Company Contacts

Virtual stores need to show on their page data such as company name, CNPJ, address and telephone number. The information must be easy to see. Procon advises you not to buy from sites that do not provide this information.

Service channels also need to be accessible. According to Procon, the time to respond to the consumer varies according to the company, but the reasonable time is up to five days. If the company promises to respond in less time, it needs to meet the deadline.

How can and should consumers complain?

If the promised price was not met, if the website did not work or the products were unavailable, for example, the consumer can and should complain.

For this, the first thing to be done is to contact the company and try to resolve the situation directly with them. If it doesn’t work, the consumer can complain to consumer protection agencies, such as Procon and Consumidor.gov.br, a service of the Ministry of Justice, or on websites, such as Reclame Aqui.

What:

Procon addresses: http://www.portaldoconsumidor.gov.br/procon.asp
Consumidor.gov.br: https://www.consumidor.gov.br.