Article 49 of the Consumer Protection Code (CDC) grants consumers an important tool for protection in certain circumstances through the right to withdraw.
This privilege enables the cancellation of consumer agreements made through means other than in-store transactions, such as online purchases, phone orders, or catalog purchases.
It is a system that ensures consumers have the right to reconsider and cancel a purchase, leading to improved balance in consumer interactions.
To further enhance your understanding of the subject, consider reading the complete article to learn how to implement Article 49 of the CDC in legal scenarios.
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What is stated in Article 49 of the CDC?
Consumers have the right to cancel a contract within 7 days of signing or receiving the product or service if the transaction takes place outside the store, as stated in Article 49 of the CDC.
This right is granted without requiring a reason and is intended to safeguard consumers from spontaneous purchases or those made without adequate information.
See article 49 of the CDC for more information.
The consumer has the right to cancel the contract within seven days of signing it or receiving the product or service if the transaction took place outside the seller’s premises, such as over the phone or at home.
If the consumer chooses to cancel within the specified timeframe, any payments made during this period will be promptly refunded with interest.
If there is a withdrawal, the payment made for any item must be promptly refunded in an updated monetary form.
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When can repentance be exercised?
The right to change one’s mind is primarily relevant in cases involving contracts made away from the business premises.
- Online shopping (e-commerce).
- Contracts created via phone, catalog, or in-home arrangements.
- Acquisitions made at fairs or events that involve travel.
Exceptions to the right to change one’s mind are outlined in Article 49 of the Consumer Defense Code.
Not all agreements are eligible for the right to change one’s mind. Examples include:
- Tailored or customized products cannot be returned as they cannot be resold or reused, which may harm the supplier.
- Perishable or personal items such as food, medications, and personal hygiene products cannot be returned due to safety and health reasons.
- Hosting, transportation, and event services that are booked for specific dates are non-refundable due to the planning and reservations involved that affect the service provider.
These exceptions are intended to maintain a fair relationship between buyers and sellers, taking into consideration the specific characteristics of certain products and services.
What responsibilities does the supplier have?
In situations where the right to change one’s mind is exercised:
- The supplier is responsible for reimbursing the consumer in full, which includes the shipping costs.
- The value return needs to be promptly and financially revised.
- The supplier is not allowed to charge the consumer extra fees for using their right to cancel the purchase.
Examples that demonstrate the practical application of the Right of Repentance as outlined in Article 49 of the Civil Code.
Purchasing clothing items online
A customer purchased a dress from an online store but discovered upon receiving it that they did not like the design.
Even if the item is undamaged and without defects, there is a 7-day window from the date of delivery to request a return and receive a complete refund.
Online course signature
A customer signed up for an internet-based language course following an email marketing campaign. Upon starting the initial lessons, the individual concluded that the course did not meet their expectations.
He has the option to change his mind within a week of being hired.
Buying a household appliance over the phone
A blender was purchased by an individual following a phone call about a special promotion.
She realized she didn’t require the product after receiving it and asked for a return within a week.
Applying for services that stream content
A customer has subscribed to a streaming platform through the mobile application.
After trying out the content for a few days, he discovered that the offer did not suit his needs. He has the option to opt out during the grace period.
Buying furniture through a catalog
The consumer selected a sofa from a catalog that was delivered to her home. Upon receiving the product, she realized that the size was not suitable for the available space.
Repentance is valid and the product can be returned within the legal period, even if the measurements are listed in the catalog.
Practical advice for attorneys regarding the Right of Repentance under Article 49 of the Consumer Defense Code.
Here are useful suggestions for achieving success in consumer protection. Take a look!
The initial request is acceptable.
When drafting the first request in cases concerning the right to reconsider, it is important to emphasize Article 49 of the Consumer Protection Code (CDC), which sets a 7-day timeframe for returning items purchased outside the store.
This right aims to safeguard consumers from making impulsive purchases or decisions without directly interacting with the product.
Incorporates relevant laws, such as Decree No. 7.962/2013, governing online sales.
Please provide recent legal decisions that establish consumer-friendly interpretations as precedents of Courts of Justice or STJ, supporting their argument.
Evidence from the east
Advise the customer to keep all receipts, including confirmation emails, tax receipts, payment records, screenshots of offers or digital agreements, and correspondence with the seller (emails or messages).
It is crucial to have this evidence to show that the purchase was made off-site and within the allowed timeframe for returns.
If needed, ask for more documents that can support the request, such as a record of previous return attempts and failed communication.
Exceptions should be paid attention to.
Make sure the situation meets the exceptions to the right of repentance outlined in Article 49 of the CDC and other related laws before proceeding with any action.
Frequent instances involve personalized items, services used prior to the regret period, and goods that can spoil.
This comprehensive examination will help avoid unnecessary legal disputes and enhance the lawyer’s role as a problem-solver in ethical and responsible matters.
Utilize technological resources
Invest in specific technological tools like Legal AI, which is artificial intelligence designed for legal professionals.
These solutions can enhance the development of procedural components, conduct up-to-date case law research, and improve competition efficiency.
Process management tools can also assist in monitoring deadlines and customer communication, thereby enhancing productivity and service quality.
Negotiate outside of the court system.
Prioritize negotiating with the supplier outside of the court system whenever you can.
This method not only cuts down on procedural expenses and time limits but also shows the customer’s sincerity and readiness to resolve the dispute amicably.
Strong arguments emphasizing relevant laws and potential risks of legal action for both parties should be presented. Recommending agreements that uphold consumer rights can result in a quicker and more satisfactory outcome.
Stay alert for the deadline for prescriptions.
Clients should be reminded that the deadline for initiating legal action, if needed, is 5 years as per article 27 of the Consumer Defense Code for indemnity claims related to consumption.
The text emphasizes that the grace period for returns is limited to 7 business days and should be adhered to promptly following the purchase or receipt of the product/service.
Examine comparable instances.
Monitor court rulings and interpretations concerning the right to repent.
STJ has established significant stances regarding the implementation of Article 49 in particular cases, like online shopping or digital service subscriptions.
The study enables the attorney to remain current and develop tailored strategies for individual clients.
Customer Training
Explain to the customer the significance of acting promptly by recognizing the importance of utilizing the right to change one’s mind.
Discuss the potential legal consequences, such as receiving a complete reimbursement for all payments made, including shipping fees, and the various outcomes if the supplier does not fulfill their obligations.
Clear and proactive communication with the consumer enhances trust and improves the efficiency of legal services.
The right to change one’s mind [Article 49 of the CDC] is crucial for maintaining a fair balance in consumer relationships.
Article 49 of the CDC plays a crucial role in maintaining a fair balance in consumer relationships, particularly within the expanding realm of e-commerce.
The law encourages consumers to think about their buying choices, which helps them feel more confident when making purchases online or outside of a store.
Lawyers handling consumer matters must understand the details of this law in order to effectively advise their clients, whether they are consumers or suppliers.
Understanding the regulations and exceptions is crucial for the just implementation of this entitlement, guaranteeing security and equilibrium in relationships between consumers and businesses.
Check out LC 214/2025 for insights into the updated tax regulations regarding the consumption tax reform.
What is stated in Article 49 of the CDC?
The CDC’s Article 49 allows consumers to cancel a contract within 7 days of signing or receiving the product or service if the transaction takes place outside the store.
When can repentance be exercised?
E-commerce transactions, phone or catalog orders, and purchases at fairs or events.
What responsibilities does the supplier have?
The provider is required to refund the consumer in full, covering the shipping costs as well. The refund must be promptly processed and adjusted for inflation. The consumer should not be charged any extra fees for exercising their right to return the product.
