Black Friday 2019 has been moving e-commerce and physical stores since the beginning of the week. Many consumers took advantage of the so-called "Black Week" to buy products at a discount, but not everyone was satisfied. Between 11 am on Wednesday (27) and 6 pm on Friday (29), Reclame Aqui had already registered 7,100 complaints. The number was 50.5% higher than in 2018, when 1,728 complaints were registered on the website.
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In case of problems with the store after purchasing the product, it is important that the customer knows what their rights are. The Consumer Protection Code protects the Brazilian from abuse by the supplier and establishes a series of guarantees, such as the right to repent, exchange in case of defect and reimbursement for undue charges. Next, the dnetc prepared a list with six rights that you have after purchasing products and services in e-commerce and physical stores.
Was he cheated on Black Friday? Find out what your post-purchase rights are Photo: Nicolly Vimercate / dnetc
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1. Right to repent
Article 49 of the Consumer Protection Code guarantees the right to regret whenever the consumer purchases any product outside a commercial establishment via website, telephone, catalog or door-to-door sales, for example. The withdrawal period of seven days, counted from the purchase or receipt of the goods.
If the consumer realizes that he has done a bad deal, is disappointed with the quality of the merchandise or even finds a better offer, he can evoke the right of regret to return the product and receive 100% money back. It is worth saying that there is no need to give any reason to cancel the purchase.
Always demand and keep the invoice Photo: Freepik
The invoice is a mandatory guarantee in the purchase of any product or service, whether purchased online or in physical stores. Always demand the document: it is proof of the conditions of purchase and will be very important in cases of exchange or repair of the product. In the case of clothes, for example, it is important to keep the invoice at least until the first wash, since that is when the problems appear. Also, be aware that the data of the issuer of the document and your CNPJ match those of the store where the purchase was made.
Product delivery takes one of the main problems faced by consumers on the Internet, especially on dates like Black Friday. According to data from Reclame Aqui, delay in delivery is among the top five reasons for complaints during this edition of the event. This is because, as demand increases a lot in this period, orders may suffer delays in shipping. But what to do when product delivery takes longer than expected?
Delay in product delivery is one of the main complaints on Black Friday Photo: Divulgao / Correios
Although the Consumer Protection Code does not set a maximum deadline for the delivery of goods, the law establishes the right to information. In other words, the online store is obliged to inform the delivery forecast of the item. When the shopkeeper fails to comply with the deadline that he himself determined, consumers must activate the company, through the Customer Service (SAC).
At that time, the customer has three options, in accordance with article 35 of the CDC: demand immediate delivery of the product, accept delivery of another equivalent product or cancel the order and receive the money back, including the freight charge. Remember to always note the number of the service protocol to monitor communications with the store and, if necessary, make complaints to entities such as Procon.
4. Reimbursement for undue charges
Undue charges must be repaid in double, with interest and postage Photo: Pond5
Undue charges occur when a company or seller charges the customer for an expense that was not generated by the customer. the case, for example, of installments that have already been paid and are being charged again. This type of situation is common and can happen due to both errors and m-f. The problem is that, for fear of getting the name dirty, some consumers end up paying the debt, even though they know that it does not proceed. Therefore, it is important to note that, in the event of undue charges, Article 42 of the Consumer Protection Code ensures the right to reimbursement of the amount paid, in double, with interest and correction.
It is very common that, when looking for stores to exchange a new product that is defective, consumers are informed that the exchange period is only seven or 15 working days. According to the Consumer Protection Code, however, the customer has up to 30 days to make a complaint. This period applies to non-durable goods, such as food and beverages. For durable goods, such as appliances, furniture and clothing, the time to complain is even longer: 90 days.
The store, in turn, has up to 30 days to resolve the problem. If the customer is not offered a new product, he can choose one of three options: a product similar to the one he bought, refund of the amount paid or proportional reduction of the price, if he wants to keep the defective item.
It is worth mentioning that the Consumer Protection Code also provides for the right to exchange in the case of so-called "hidden addictions", defects that are not easily identified and can take years to manifest in durable goods. If this occurs, the consumer has up to 90 days, counted from the perception of the problem, to complain to the supplier. The right even applies in cases where the warranty has already expired.
Marcelo Justo, lawyer specialized in consumer law and partner at ASBZ Advogados, explains that, as the so-called "hidden addiction" is more difficult to be proved by the consumer, it is recommended that he seek technical assistance for the product itself: "It is recommended, in these situations, the first shipment of the product will be the official technical assistance of the supplier for a professional evaluation, even to assess the need and pertinence of defending your rights in court ". It is worth remembering that the exchange in this type of case is only valid when there is adequate use by the consumer, as the hidden addiction was not caused by the customer himself.
6. Exchange for other reasons
The company is not obliged to exchange products for reasons of taste, color or size, unless it has committed itself to do so. Therefore, it is important to know the exchange and return policy of the store before completing the order. In the case of e-commerce, Law 7,962 / 2013 obliges all sites to present this information clearly and objectively. Generally, stores focus the exchange and return policy on a single link, but it can also be found on the product description page. Regardless of the case, always keep the invoice.
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