Christmas: see consumer rights for exchanging gifts – 12/24/2023 – Market

Did the Christmas gift come in the wrong size or was defective? Didn’t you like the color? Starting this Monday (25), businesses and consumers embark on a marathon of exchanging items received during the end of year festivities.

But you need to pay attention to the exchange and return rules, which vary depending on the store, condition of the product, date of purchase, among other factors.

“Consumer rights legislation does not require establishments to change products because of color, size or customer taste”, says lawyer Renata Abalém, legal director of the IDC (Institute for Consumer and Taxpayer Defense) and member of the Commission of Consumer Law at OAB/SP.

The measure only becomes mandatory when it is agreed with the seller at the time of purchase or is included in the exchange policy, offered by the vast majority of stores to build a good relationship with customers. Flexibility is also a bet for commerce to increase revenue, as many consumers buy more products when replacing.

Still, it is worth taking precautions and keeping records of what was agreed with the seller, if the agreement was verbal or made through an exchange of messages. If the store does not respect the conditions proposed at the time of purchase, the consumer is protected by the CDC (Consumer Protection Code) and can claim non-compliance with the offer. In this case, it is possible to request a full refund of the amount paid, as long as the customer is able to prove that the agreement was violated and formalizes, in writing, the withdrawal of the product.

The invoice is another point of attention. As the rules vary according to each store, it is important that the person giving the gift has included a valid receipt for exchange. If the document has been lost, Idec (Brazilian Institute for Consumer Protection) guarantees the right to reprint, as long as the item has the original label and shows no signs of use.

It is also worth remembering that the amount paid for the product must prevail, even in the case of sales or price increases. According to Procon-SP, the supplier cannot make additional charges when the replacement is for the same item, changing only the size or color. The consumer also cannot request a price reduction if the product has become cheaper.

The exchange period also varies: it is possible that some stores set 7 days as a limit; others, 30. “If the gift was given after the stipulated period, the customer can still try to exchange, but it depends on the company. If they are adamant and really don’t want to replace the product, there’s nothing they can do,” says Abalém.

“In the event of defects or breakdowns, things change,” he says. According to the lawyer, the store is obliged to exchange, return the money or send the merchandise to technical assistance – and the customer is in charge. But, before that, it is important to differentiate gifts into three categories: durable, semi-durable and non-durable products.

Durable goods are those that can be used multiple times over long periods, such as household appliances, automobiles, televisions and other electronic products. Semi-durables refer to those that suffer wear and tear over time, such as clothing, footwear and accessories. Non-durable items are those for immediate consumption, such as food and drinks.

For the durable goods category, the consumer can complain about the defect within 90 days. If it is an apparent problem, the period is counted from the date of purchase. If not, it is from the date the defect was identified. This is called a hidden addiction, for example when a television starts to fail after a few weeks of use.

In the other two categories, the deadline drops to 30 days. “In the case of a broken part, it is important that the consumer takes all the documentation and whatever else they can to prove that the product left the store defective”, says Abalém. It shows that the product was sealed, for example, and has the invoice on hand.

After notification, the supplier, whether seller or manufacturer, also has up to 30 days to resolve the fault. The consumer can decide between replacing the product, a full refund or a reduction in the amount proportional to the defect.

Online shopping

For products purchased online, the consumer has the right to withdraw from the purchase within seven days after signing the contract, purchasing or receiving the product or service.

“It’s a way of protecting those who buy remotely, who don’t know what the merchandise actually looks like. Products may come in different colors, sizes or models than what appears in the advertisement,” says Abalém.

However, if you have received a gift that was purchased online, only the holder of the purchase can request a return.

Check out more tips to avoid inconvenience when changing:

• Keep the product well packaged, without signs of use and with labels;

• Pay attention to the exchange deadline. During busy periods in commerce, such as Black Friday and Christmas, some establishments may only make substitutions after a certain date or on certain days of the week;

• Keep the invoice, purchase receipt or exchange label. If necessary, take photographs;

• Keep records of what was agreed with the seller, if the store’s policy does not determine specific conditions for exchange;

• Call Procon in case of problems to perform the replacement.