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Consumer Protection Code establishes different rules for the exchange of product

03/23/2015

This article was translated by an automatic translation system, and was therefore not reviewed by people.




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Trade

Provided for in the Consumer Protection Code (CDC), the exchange of products after purchase is a common practice. Enretanto, not every type of exchange is a right guaranteed by law. In some cases, the substitution is a free store. So it is advisable to ask at the time of purchase, if it is possible to change later.

There are also differences between the exchange rules for classroom purchases and distance. As in the second type the customer does not see the item, the law provides time for repentance and request for another product or refund.

The lawyer Maria Inês Dolci, institutional coordinator of the Consumer Protection Brazilian Association (Protest), explained that the replacement for purchases in physical store is assured only by the CDC when there is defect in the product and not the repair occurs.

"Occurs when the consumer asks the solution and the solution does not come. In this case, has the right to exchange or receive the money back. The recommendation is that as soon as the defect notice, order solution to the company, "advised the lawyer.

According to the CDC, suppliers and manufacturers have 30 days from the complaint to resolve the problem. The code also provides for 30 days for consumers complain cases of non-durable goods. For durable goods, which are usable for longer, such as real estate and home appliances, are 90-day period.

For hidden defects, those that are not easily visible, the period starts from the moment he observed. Maria Inês Dolci said that in such cases, you can claim it already expired warranty of good.

"There are situations where defects appear after the warranty period, especially in services. In them, the consumer can also claim, require repair or re-execution of the service. It is important to be analyzed case by case, since not all fit, "added the coordinator.

She recalls that it is essential to contact first with the supplier or manufacturer, and store evidence that complained. "It's important that we have the evidence, to facilitate resources to justice or consumer protection agencies."

When there is no product defect and is reason for the change of color preference, or other model need to size, the CRC does not require suppliers to replace the item. For the lawyer of Protest, is a matter of liberality of the company. "Some offer period and indicate to the customer. When buying, consumers should ask about the possibility of exchange."

According to Maria Ines, most of the shops allows the replacement for customer loyalty, generally require the submission of the invoice to be exchanged.

Buying the distance is the only case in which the law allows to change the product, even if there is no defect. As Maria Inês Dolci, can occur in the live item not be exactly what the client believed at the time of acquisition.

"There is a period of seven days as from the time of request or receipt of the product." He explained that, in internet purchases, it is important to be aware of the conditions offered. In 2013, the Electronic Commerce Act regulates the CDC, introducing rules for acquisitions in the network.
As the new rules, it is mandatory to provide a site contract the consumer with all the terms of purchase.



Source: Agency Brazil

To access the site Agency Brazil, click here.

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This article was translated by an automatic translation system, and was therefore not reviewed by people.

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