Post-Christmas Returns in Brazil: What the Law Guarantees

Overview

• For remote purchases, buyers may withdraw within seven days of receipt with a full refund, including freight, under Article 49 of the Consumer Defense Code.
• In physical stores, exchanges for size, color or preference are not required by law unless a policy was promised, and any exchange must reference the original price paid.
• Defects carry formal timelines: consumers have 30 days to complain about non-durables and 90 days for durables, suppliers have 30 days to fix, and unresolved cases allow replacement, refund or proportional price reduction; essential items require immediate resolution.
• Late delivery constitutes non-fulfillment of the offer under Article 35, and shoppers may demand delivery, accept an equivalent item, or cancel for a refund with potential losses and damages, a key issue since the Correios strike began on Dec. 17.
• Consumers should keep receipts, tags and screenshots, seek the retailer’s ombuds office first, then file complaints via Consumidor.gov.br or local Procons, and report suspected scams to police as reimbursement rates are reported to be low.