The Right of retraction from the point of view of the Provider

The right of retraction is an important part of the Consumer’s rights, and ensuring that you have a chance to withdraw from a purchase made outside of the business premises, such as shopping online or over the phone. However, many of you have questions about this law and how it can affect your business.

Initially, it is important to highlight the fact that it is the ‘buyer’s remorse’ is a guarantee provided for in the Consumer protection Code (CDC). This is the law that is applicable on purchases made from outside of the business, such as sales via the internet, by telephone, or book, for example.

According to the article 49 of the CDC, the customer has 7 days from the date of receipt of the product, or on the signing of the contract, to give up the purchase is carried out on the premises, free of charge. In this case, the supplier is required to repay the amounts eventually paid by the consumer, including the costs low, within a period of 30 days.

With this in mind, in some cases, this may be against the excessive to the vendor, especially when it comes to the products that are made to measure, decay, among many others.

This is because, in the case of custom-made products, as they are designed for a specific consumer, the provider, you may not be able to resell it to another customer in the event of regret. In such a case, a refund for the product, you can generate an excessive financial losses for the provider.

For these and many other cases, the right of retraction, should be considered, so that, when used, shall be returned to the status quo ante, as in the cases in which the consumer exercises his right of retraction for the purchase of products that are customized, for example, it is possible for the provider to be reimbursed for the expenses they had in the process of manufacturing and marketing/return the product, and provided that you prove your losses, and damages (costs of materials and labor, for example).

The courts have ruled that this indemnity shall correspond to the amount of proven, that of the amounts spent by the Provider in the manufacture of the products, provided that “the right to a regret is not reflected in the prerogative to ensure that the distrato imotivado of the contract.”[1]

In light of this, it is important that providers are aware of the right of retraction should be informed so that they can act appropriately in the event of a request for cancellation by the customer. If you have any questions concerning the matter, it is important for the provider to seek legal advice from specialists to avoid any financial losses and exposures can be avoided.

Sabrina de Melo is a Lawyer in the Department’s Advisory in the TM Associates degree in Law from the University of the Padre Anchieta (2022), and which is registered at the Ordem dos Advogados do Brasil, the Section of São Paulo (OAB/SP). A post-Graduate student of Civil Law at PUC-MG).

Leonardo Theon in Paris as well as in Europe, with a degree in law, with an emphasis in business law from the University Presbyterian Mackenzie (2012), which was registered at the Ordem dos Advogados do Brasil, São Paulo (OAB/SP) (2012). A post-graduate degree and an Expert in Corporate Law from the Law School of São Paulo da Fundação Getulio Vargas (2014) Master’s degree in Law and Political economics, Universidade Presbiteriana Mackenzie, brazil (2017), the author of many books and articles, a speaker, a teacher at the undergraduate, MBA, and Executive Education in the FIPECAFI, and as a member of the bar Association of São Paulo (AASP). A founding member of the TM is Associated with it.

[1] The institute of Consumer protection of the Federal District Consumer Df x, You have to SCD, Institute for Consumer protection – Case no. 0002317-28.2012.8.07.0018 (jusbrasil.com.s)