Black Friday and the right to regret

There are some commemorative dates that have been created in order to stimulate commerce, among them Black Friday, known for offering a variety of promotions, especially in the area of electronics. In that year 2021, it is expected to set a record for online sales on that date.

The pandemic played a definitive role in increasing sales through the internet, called e-commerce, since many people stopped circulating through shopping malls and shopping centers to avoid crowds.

It has become routine to make purchases through websites and applications, both clothing, electronics, appliances and even food, often for a more advantageous price than in physical stores. However, there are some points that deserve attention.

Purchases made online guarantee the right to regret, which is nothing more than the possibility of the consumer, in a very simple and fast way, to give up the purchase made through the internet, without having to justify themselves.

The Consumer Protection Code, in its article 49º, establishes that the consumer can withdraw from the purchase whenever it is carried out outside the commercial establishment, within 7 (seven) days, since in this case there is no direct contact with the product.

This right does not cover purchases made in the store, since on this occasion the consumer has the opportunity to see and try the product before making his purchase decision. In this case, the merchant only has the obligation to make the exchange or refund the amount paid if there is a defect in the product capable of making it unfit for consumption or that devalues the good. Exchange in other cases is mere freedom of the shopkeeper. For this reason it is the obligation of the merchant to provide the relevant information of the merchandise to avoid any type of problem.

As much as there is a right to regret online purchases, making the exchange or return can cause certain wear and tear to the consumer. Therefore, the recommendation is that he carry out a conscious and planned consumption, respecting his financial organization to avoid impulsive purchases.

A precious tip for Black Friday is to carry out a good price research of the desired product a few weeks before to check if the promotional value is really advantageous, since it is a common market practice to leverage prices in the period leading up to the date. In 2020, the products were up to 70 % more expensive, according to the Brazilian Institute of retail executives and market research.

Consumption (IBEVAR). This practice, popularly known as” Black fraud”, must be reported to consumer protection agencies such as PROCON (Consumer Protection and Defense Program).

Other illegal practices, such as the dissemination of misleading advertising (that which brings false information, seeking to mislead the consumer), must also be reported to PROCON, and, depending on the severity of the case, prosecuted. In the latter case, it is recommended to look for a lawyer specializing in the rights of

Consumer so that he can guide the case with greater propriety.

Ana Carolina Gracio de Oliveira. Graduated in law from Júlio de Mesquita Filho State University (2020). Postgraduate in Civil and Business Law from Faculdade Damásio De Jesus. Lawyer at TM Associados./