The end of June typically marks the start of sales periods, governed by legal stipulations and specific rules. DECO PROTeste highlights that discounts must be based on the lowest price at which the product was sold in the store over the past 30 days, a regulation not always followed.
The consumer protection organization notes that “many retailers are circumventing the law to advertise fake discounts“.
“Many stores use the recommended retail price or phrases like ‘usual price’ to create an impression of significant discounts. Consumers can be misled, as the recommended retail price is not necessarily the lowest price of the past 30 days, as required by law. It may not have ever been a real price in that store, thus invalidating the promotion,” DECO PROTeste warns.
Sales and Promotions: What Does the Law Say?
The current legislation states that sales “can occur at any time of the year, provided they do not exceed a total of 124 days per year“. Meanwhile, promotions “can happen whenever deemed appropriate by the retailer”.
Sales refer to “transactions made at the end of a season at a price lower than the one previously practiced in the same establishment, with the aim of quickly clearing stock, conducted in specific periods of the year,” clarifies the Food and Economic Safety Authority (ASAE).
Promotions involve “selling at a lower price or under more advantageous conditions than usual, aiming to boost the sale of certain products or launching a product not previously marketed by the economic operator, or developing commercial activity, as long as they are not simultaneous with the sale in clearance,” according to ASAE.
The law also stipulates that “selling expressly purchased goods for sales is prohibited, presuming, in such situations, that products are acquired and received at the commercial establishment for the first time or in the month prior to the reduction period“.
Before the beginning of each sales period, it is necessary to inform ASAE.
Three Tips for Being an Informed Customer
To make the most of the sales period for smart shopping and avoid being deceived by false discounts, staying well-informed is crucial. In this regard, DECO PROTeste has prepared several tips to help customers make better decisions:
- Movable goods have a three-year guarantee: “The legal guarantee right of three years for movable goods, effective since January 1, 2022, remains valid if purchased on sale or promotion. If, post-purchase, the consumer identifies a defect not arising from misuse of the product, among other legally provided possibilities, they can demand repair or replacement of the item”;
- Sale of defective products: “The sale of defective products must be clearly advertised through signs or labels. These products should be prominently placed apart from other products. If these requirements are not met, you can demand an exchange for another product with the same purpose or a refund of the amount already paid, upon presentation of the respective purchase receipt”;
- Consumer rights: “If a retailer does not respect consumer rights, for example, refusing to exchange a defective clothing item, file a complaint. Use the store’s complaints book for this. You can also approach ASAE”;
- Payment considerations: “Stores are not obligated to accept checks or credit/debit cards. Thus, these payment methods can be declined in both regular and sales periods. However, this information must be visibly displayed to the consumer. If these payment methods were used during normal periods, retailers are obliged to accept them during sales. Even if retailers accept bank cards as a payment method, they are not required to accept all cards”;
- Online purchases can always be returned: “A consumer who purchased a discounted product online can return it, even if it is not defective. Online purchases come with a ‘right of withdrawal.’ Without needing to justify the reason for withdrawal, provided they adhere to the 14-day deadline, the consumer has the right to return the purchased product and receive a refund”;
- Stock exhaustion: “When the stock of one or more discounted or promoted products is depleted, the retailer is obliged to announce it and end the ‘price reduction sales period’ for the same products.”
