Clipping of news on Brazilian Culture, Law and Citizenship
06/10/2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Modern consumer
The right to regret on a purchase is provided in the Consumer Protection Code, but you know exactly how it works? Check here
That beautiful shoe in the window calling the split bag, the new pants (even with 20 other pants in the closet). Buy on impulse happens, even in a time full of stimuli as we experienced. Often, however, the shoe reveals uncomfortable, the bag does not match anything and pants ... well, that 21 pants?
The question is: who ever bought an item on impulse and regret later? The stores in Brazil usually carry trade, but only as a matter of good service. The withdrawal of the purchase of a product (or hiring a service) contained in the Consumer Protection Code, which also guarantees a period of 07 days to reflect and decide whether to even stay with the purchase. But attention! The right is guaranteed only on purchases made outside the physical premises.
For the lawyer specializing in consumer rights and provider, Dori Boucault, this must be clear to the consumer. "Contrary to what many think, the realization of repentance law is only accepted when the contract is performed outside the physical premises. It may be, for example, telephone service contracts, Internet, catalog sales or made at home, when the trader looks for the consumer for the sale, "said Dori.
Also according to the lawyer, you must be careful to ensure that Article 49 of the CDC, for no errors in time to give up some shopping. The expert has listed five tips on the subject:
- You can return the product at no additional cost: Dori explains that if the consumer to exercise the right of regret, any amounts paid for any reason during the period of reflection, which are 07 days will be returned immediately and monetarily updated. "Consumers can not overpay for the return of the product. including freight charges are returned, "explains the expert.
- The period may be extended if the supplier has not expedient: a 07-day time limit counting begins the day after the contract or receipt of the product, not being interrupted on weekends or holidays end. But if there is no file of the supplier at the end of the day reflection period, the consumer's right to extend for the next working day.
- The application must be made in registered form: to exercise the right of the consumer repentance must formalize the request to the supplier. If given the request by letter, protocole a way not to lose it. If you decide to send by mail, return receipt requested, to have control that was received. And if the contact is by phone, note the protocol number and the employee name you make the call. "These measures ensure that the consumer has the right fulfilled according to the law," guides the lawyer.
- Repentance law exists to protect the consumer: in a purchase at a distance, the consumer has no direct contact with the product, and therefore can not assess whether it really matches your expectations. "If the consumer has not proved, dressed or smelled the product, he had little contact, can not understand exactly how the service is done, for being away. He needs a guarantee that the product corresponds to what he chose, "assures Boucault.
- In physical stores, the right of cancellation is not valid: Dori explains that when there is no fault and the purchase is made in-store, you can not withdraw from the purchase. This is characterized as a bargaining situation without motivation, is not consumer law. This practice of exchanging flawless product is accepted generally on holidays seasons. Dori explains that in this case you need to combine the term and conditions directly with the merchant. "Note that the acceptance of the traders in exchange for flawless products has acted in a positive way, because they give more security to the consumer in the purchase, since it is a two-way street, because the merchant, to make changes, ends up making more sales, and consumers know you can exchange the product if you change your mind about the purchase, "concludes Dori.
Source: Consumidor Moderno
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This article was translated by an automatic translation system, and was therefore not reviewed by people.