Did you buy a Father's Day gift online and are unsure about when the seven days to give up begin? Article 49 of the Consumer Protection Code (CDC) provides for the right of withdrawal in contracts made outside the commercial establishment. The deadline is seven days, counting from the signing of the contract or receipt of the product or service, as applicable.
For a common purchase of a product over the internet, receiving the goods is the most important milestone. This means that the deadline should not be considered closed while the gift is still on its way just because the purchase was made several days earlier. Procon-SP guidelines for e-commerce also indicate receipt of the product or signing of the contract as references for counting.
The gift arrived before Father's Day: when does it start counting?
The date on which the gift will be delivered to the father or opened by him is not what defines the beginning of the legal period. What matters, in the case of a product purchased online, is when the purchase was actually received.
Imagine that the consumer placed the order at the beginning of the month, received the box on August 5th and decided to leave it unopened and only deliver it on Father's Day. Waiting until the celebration does not suspend the deadline. According to the counting guidelines published by Procon-SP, the day of receipt is not included in the count: it starts on the day immediately after. Weekends and holidays do not interrupt the deadline. If the last day falls on a date when the supplier does not have opening hours, the agency instructs the extension to the first following business day.
Thus, in the example of receipt on August 5, 2026, the count starts on August 6. Waiting to open the gift later does not reset the seven days.
The situation may be different in a service contract. Article 49 itself mentions both signature and receipt, and consumer guidance materials generally use the signature of the contract as a reference in contracting services. Therefore, it is important to identify whether the transaction involves a physical product, a service or some modality subject to specific regulation.
Right of withdrawal does not depend on defect
The consumer does not need to discover a defect to use article 49. The right exists precisely because the contracting took place outside the commercial establishment and can be exercised without the need to present a reason for withdrawal. The Superior Court of Justice has already recognized this characteristic of the reflection period provided for in the CDC.
This also differentiates regret from a claim for a defective product. If the gift purchased online arrived exactly as advertised, but the consumer decided not to keep it within the legal period, article 49 can be triggered regardless of the existence of a defect.
Once the right has been exercised, the CDC determines the return of the amounts paid during the reflection period. In a judgment on return costs, the STJ decided that the postal service costs to return the product cannot be passed on to the consumer who regularly exercises the right to repentance.
How to request cancellation of online purchase
Decree nº 7,962/2013, which regulates electronic commerce, determines that the supplier clearly informs the means to exercise the right of withdrawal. The consumer can use the same tool used when contracting, without prejudice to other channels made available by the company. The supplier must also immediately confirm receipt of the manifestation.
In practice, the safest way is:
- Communicate regret within the deadline, using the official channel provided by the store.
- Save proof of the order, such as protocol, email, message or confirmation presented on the website or application.
- Follow the instructions for returns, without assuming costs that the law and jurisprudence attribute to the supplier in the regular exercise of repentance.
- Also keep proof of delivery and purchase, as they help to demonstrate the relevant dates in any discussion.
For purchases made with a card, the Electronic Commerce Decree also determines that, after exercising repentance, the supplier must immediately notify the financial institution or administrator to prevent the release or arrange for a refund, when the charge has already occurred.
What if the store denies the right?
First, register the order directly on the company's official channel and preserve the receipts. If the problem is not resolved, Consumidor.gov.br allows you to file complaints against participating companies. Currently, these companies have up to ten days to analyze and respond to demands registered on the platform.
It is also possible to look for the competent Procon. In a concrete situation with a discussion about deadlines, type of service, product condition or specific legislation in the sector, an individual analysis of the case may be necessary.
For those who purchased a Father's Day gift online, the practical guidance is simple: write down the date the product arrived and don't wait for the date of the celebration to check the deadline. The right to repentance has its own rule and should not be confused with a store's voluntary exchange policy.
