Overview
- Indecopi published a public advisory reminding shoppers that purchases made in outlets, promotions or discount campaigns keep the same right to request exchanges or refunds when a product fails, does not match what was offered, or is unfit for its use.
- The agency said notices or policies claiming outlet or sale items have 'no changes or returns' are invalid and may constitute abusive clauses under the Código de Protección y Defensa del Consumidor.
- Indecopi highlighted examples of excessive conditions that could be abusive, including demands that items remain completely sealed, show no signs of use, or be returned with all original packaging.
- Consumers are encouraged to file formal complaints with Indecopi when they encounter unlawful restrictions, and the agency can order removal of abusive clauses and apply sanctions ranging from warnings to fines up to 450 UIT (about S/2.475 million).
- The advisory was issued as a preventive information step in the 'Papá protege, nosotros también' Father's Day campaign to inform buyers and warn retailers that future enforcement may follow if unlawful practices persist.