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After all, are merchants obligated or not to accept exchanges or returns?

Retailers are not obligated to accept exchanges or returns, as nothing in the law requires merchants to offer consumers the possibility to exchange or return a product purchased in a physical store, according to DECO PROTeste. However, the situation differs for online purchases. 

Despite the lack of obligation, “some retail establishments do allow it,” meaning they permit exchanges and returns:

“This is common, for example, during Christmas, when many retailers allow the exchange of products purchased in physical stores. In some cases, this benefit extends to purchases made in advance, such as during Black Friday,” notes the consumer advocacy organization’s website.

However, “as retailers are not obliged to accept exchanges or returns of products purchased in physical stores, confirm before purchasing whether an exchange or return is possible and until when.”

“When accepting a product return, retailers may impose certain conditions, such as returning the item in exchange for a ‘gift card,'” the consumer advocacy organization warns. 

Additionally: “When returns are authorized by retailers, they may include a return receipt, with or without the price (in this case, known as a ‘gift receipt’), which facilitates the process.”

Different Rules for Online Purchases

In the case of online purchases, the rules are slightly different, explains DECO PROTeste: “Currently, there are no restrictions on returns, except in situations such as personalized items (with photos, names, etc.). Consumers have 14 consecutive days from the moment the order arrives at their home to return it, although some online stores accept longer periods (for example, 30 days).”

“However, there are situations in which the retailer may refuse to exchange a product,” the organization explains, adding the following examples:

  • If the item shows no defect;
  • If the sale was not made over the internet (in which consumers have a 14-day reflection period from the date they receive the purchased product to return it);
  • Or if the product has a defect, but the consumer was aware of it at the time of purchase.

“Regarding products prone to spoilage or quick expiration, in principle, exchange is not possible. This applies to pastries made in a bakery, for example, unless they were not properly prepared,” the organization explains.

However, “the exception applies if the consumer ordered a product prepared in a specific way (for example, a cake with chocolate frosting) and this was not considered.”

“Nonetheless, when requesting an exchange, it is not logical if the product has been largely or entirely consumed. Despite this, many retailers and suppliers offer exchanges as a courtesy to retain customers,” the consumer advocacy organization’s website states. 

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