The CDC is very clear about replacing defective products. Article 18 provides that `suppliers of durable or non-durable consumer goods shall be jointly and severally liable for defects in quality or quantity which render them unfit or unfit for consumption for which they are intended or which reduce their value`. The store must respond with the cancellation or exchange policy if appropriate, sending the authorization code to the consumer to make the return (free of charge), at a post office or to collect the product from the customer`s home. The money must be returned immediately. “It is very important to have increased attention at the time of purchase, to check the characteristics and conditions of the product purchased, the delivery time and the exchange policy to avoid any type of loss,” says Juliana Moya, protest expert. However, we see that in case of remorse, the consumer can abandon the purchase and get his money back if the purchase was made via the Internet or by phone. In the legal world, the right of penance is known, which is provided for in Article 49 of the Brazilian Consumer Law 8.078/1990 and reads as follows: From the date of purchase, if the defect is hidden, the deadlines are the same, but begin from the moment the defect is discovered by the consumer. If you regret the purchase because you don`t like the color, model, or size of the product, you can return it in accordance with the guidelines in Section 49 of the CDC. It should be remembered that the period is 7 days and the product must not have any defects or malfunctions caused by misuse. In São Paulo, for example, there was already a summary that stated that any consumer who wishes to be diverted from the property, even if he is in default, has the right to abandon the purchase, and the company can withhold sufficient amounts to cover the administrative costs, which the courts have set between 10% and 15% of the amounts paid. The remaining amounts must be updated with money and paid in a single installment. One.
First of all, it must be said that many cases related to the withdrawal of the real estate purchase are resolved in a friendly way. Often, well-prepared out-of-court communication solves the problem. However, if the construction company, seller or broker creates obstacles to the reimbursement of the sums paid, it is important to organize the documentation and immediately enter the justice system with a real estate distraction action. In the past, in Europe and the United States, door-to-door sales were characterized by suppliers who, instead of waiting for consumers to rent products and services in their stores, moved to offer their consumers more convenience in this consumer relationship. In Brazil, this type of door-to-door sale appeared in the first half of the last century. From there, suppliers ventured even further, offering their products and services through offers from the Internet, direct mail, emails, websites and TV channels, some of which were created specifically for this purpose. It is therefore necessary for the legislator to control this new way of awarding contracts in order to avoid any type of abuse by suppliers. This is the wording of Article 49 of the Brazilian Consumer Code, Law 8.078/90, where the Institute for Consumer Penance Law appears in the legal world. It is clause 49. The consumer may terminate the contract within 7 days of signing or receiving the goods or services, if the conclusion of the delivery of the products and services takes place outside the business premises, in particular by telephone or at home. One paragraph. If the consumer exercises the right to a fine provided for in this article, the amounts paid in any way during the cooling-off period will be immediately updated in monetary terms.
It is worth mentioning a few points that must be clear to consumers so that they do not find themselves in a situation that may give rise to doubts. The right to a fine within 7 days is possible only if the contract is concluded outside the commercial establishment, i.e. There is no such remorse for purchases made inside the commercial establishment. The reason for the absence of this right, if the purchase is made in the commercial establishment, is justified by the indoctrinators, that if the purchase or service is carried out locally, there is a possibility of analysis of the most accurate product, the product or service is present, which increases the chances of choice, since what is acquired, can be visibly analyzed. Another question that may arise concerns the purchase made inside the commercial establishment but with defects or defects once it is used at the place of residence of the consumer who bought it. Here we don`t have the kind of consumer remorse in 7 days. Now, as mentioned, the dependence or defect of the product, which are aspects that protect the consumer, but which are nothing like the right to repentance, is the subject of this article. Recommendation: If you buy a product online or by phone, as soon as you receive your product at home, open it BEFORE signing the receipt requested by the postman. After verifying the purchase, sign the receipt and receive a delivery note with a duly indicated DATE and TIME. Thus, it is documented that the consumer exercises his right to the fine within 7 days if he repents.
If there is remorse, send to the commercial establishment where the purchase was made by letter (A.R. – with acknowledgment of receipt) the desire to cancel the purchase or service. This proves the exercise of the right to repentance within the agreed period of 7 days after receipt of the goods or services obtained. By André Antunes Avocat firstname.lastname@example.org art. 49. The consumer may terminate the contract within 7 days of signing or receiving the goods or services, if the conclusion of the delivery of the products and services takes place outside the business premises, in particular by telephone or at home.