To the ‘ buyer’s remorse Purchases on The point of view of the Consumer

With the growing popularity of online shopping, it has become increasingly more important to discuss is the ‘buyer’s remorse’ for the purchases made over the internet, among other cases, the purchase of out-of-business (such as, in addition to the internet, over the telephone). Being on the right of retraction is regulated by the Consumer protection Code, in its article 49[1].

The right of retraction is to the right of the consumer to withdraw from a purchase of a product or a service without a statement of reasons, within 7 days of your receipt of the product, or the signing of the contract. This right does not apply to purchases made from outside of the premises, such as in-stores and telesales.

In the case of online shopping, and the deadline for exercising of the right of retraction begins to run from the date of receipt of the product. The user is advised to get in touch with the supplier to inform you of the cancellation, the supplier shall have the duty to take back the product and make the refund of the purchase price paid by the customer, including shipping and handling.

However, it is important to point out that it is the ‘ buyer’s remorse is not applicable to any other situations. There are some exceptions that are set out in the Consumer Code, such as, for example, the services provided to you immediately after the engagement and the products are perishable.

Another important issue is the ability of the supplier to require the returned product is in perfect condition. Of the Consumer Code provides that the consumer is able to test the product, but must return it to us in the same condition in which you received it. Therefore, if the product has been damaged or used improperly by the customer, the supplier is entitled to refuse to accept the return.

The other important thing to remember is that it is the ‘buyer’s remorse’ is not the same as that of the law of return. The swap is an agreement between the consumer and the supplier for the replacement of the product, in the case of addiction[2], a fact[3] or a defect to[4]. the right of the repentance, that is, the ability to withdraw from the purchase without having to justify the reason and without which the product or service to any type of addiction, or the defect.

For this reason, it is important that the consumer be aware of the time limit set by law. Once seen, in the case of the supplier, to refuse to make a refund or accept a return of a product, the customer may turn to the consumer protection agencies, such as the one You have, or even seek legal advice to ensure that your rights are.

In the end, the right of retraction is an important tool for the protection of the consumer, primarily in online shopping, in which the consumer has not had the opportunity to see the product in person before you make a purchase. Therefore, the provider should be aware of their legal requirements, and to guarantee to the consumer the full realization of this right, thus contributing to a consumer that is fair, and balanced.

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 papers, keynote speaker, college professor, and member of the bar Association of São Paulo (AASP), the Chairman of the State committee of the Business Law of the FEDERAMINAS. A founding member of the TM is Associated with it.

Peter Will Report a doctorate in law at Centro Universitário Padre Anchieta (2021). Master degree in Civil and Corporate Law from the Faculty Damasio de Jesus. A lawyer for the Department of the Litigation in the TM Associated with it.

[1] Art. 49. The customer may withdraw from the contract within a period of 7 days from the date of its signature, or the act of receiving the product or service that the procurement for the supply of goods and services occurs off the premises, especially on the phone or at your home.
[2]it covers the flaws, apparent and easy-to-finding-hidden-and the products that are not in line with the rules for the manufacture, distribution, or display
[3] it in the event of damaging, as a whole, that is to say, as a synonym for the damage
[4]a product that is defective when it does not provide security in accordance with the characteristics of a normal thing.