Father's Day will be celebrated on August 9, 2026, and a phrase should reappear on counters and online services: “I have seven days to change”. The problem is that this rule does not apply equally to all purchases.
There are three legally different situations: exchanging a product without a problem, regretting a purchase made outside the physical store and claiming product defects. Each one has its own conditions, deadlines and possible solutions.
The quickest answer depends on three questions:
- Where was the purchase completed?
- Does the product have any defects?
- Did the store promise to accept the exchange?
Flowchart: which rule applies to the present?
Question 1: Where was the purchase completed?
Was it on a website, app, telephone, catalogue, home sales or other means outside the physical establishment?
- Yes: check if you are still within the seven calendar day period to exercise your right to repentance.
- No, the purchase was completed within the physical store: proceed to the second question.
The right to withdraw is provided for in article 49 of the Consumer Protection Code and applies to contracts made outside the commercial establishment. For products purchased online, the deadline can be counted from the receipt of the item; for other contracts, the law also considers the date of signature.
Question 2: Is the product addictive?
The gift does not work, arrived damaged, is incomplete or does not correspond to the characteristics stated?
- Yes: the product addiction regime applies, regardless of whether the purchase was made in person or online.
- No: go to the third question.
In everyday use, it is common to call any problem a “defect”. Technically, however, article 18 of the CDC deals with defect in quality or quantity, which makes the product unsuitable, inadequate, reduces its value or makes it different from what was stated on the packaging or advertising.
Question 3: Did the store promise to accept the exchange?
Was there a poster, label, information on the website, message, seller's statement or written rule allowing exchange by size, color or preference?
- Yes: the sufficiently precise condition forms part of the offer and must be fulfilled.
- No: in a purchase made within a physical store, the company is not obliged to exchange a product in perfect condition just because the recipient didn't like it, already has a similar item or needs another size.
For online purchases after the repentance period, the exchange of a fault-free product will also depend on the policy offered by the company.
Rule 1: buy in a physical store and product without addiction
The physical store has no general legal obligation to exchange a product in perfect condition due to taste, size, color, model or duplicity of the gift.
This does not prevent the establishment from offering a more favorable policy. Many stores accept exchanges as a commercial strategy, imposing conditions such as:
- determined period;
- presentation of coupon, note or gift receipt;
- permanence of the label;
- absence of signs of use;
- exchange only for products from the same collection;
- restrictions on promotional items.
When these conditions are informed before or during the purchase, they must be presented clearly. The consumer also needs to respect requirements that are legitimate and have been previously communicated.
Article 30 of the CDC determines that sufficiently precise information binds the supplier and becomes part of the contract. If the company promised an exchange within 30 days, for example, it cannot later reduce the period to seven days or say that the condition does not apply to gifts, unless this restriction was already clearly informed. In the event of a refusal to comply with the offer, article 35 provides for alternatives such as demanding what was promised, accepting an equivalent product or terminating the contract, as the case may be.
Practical guidance: photograph the exchange poster, keep the tag, gift coupon and any message sent by the seller. An exclusively verbal promise may be valid, but is often more difficult to prove.
Rule 2: online purchase and right to regret
When the contracting takes place outside the commercial establishment, the consumer can withdraw from the deal within the legal deadline without having to give a reason. The rule covers purchases made via the internet, app, telephone and other forms of distance contracting.
The deadline is seven calendar days. According to Procon-SP guidance, counting begins the day following hiring or receipt and is not interrupted on Saturdays, Sundays or holidays. To avoid discussion about the last day, the safest thing is to formalize the request as soon as there is a decision to withdraw.
Does the consumer need to request an exchange?
Not necessarily. Repentance allows you to undo the purchase, return the product and receive the amounts paid back. The company may offer an exchange or credit, but must not impose these alternatives when the consumer requests the refund provided for in article 49.
The refund must cover the amounts paid to the business, including delivery costs. The Superior Court of Justice has already decided that the cost of the refund resulting from the regular exercise of regret cannot be transferred to the consumer.
How to communicate regret
Decree nº 7,962/2013 determines that the supplier must provide clear and effective means for exercising this right. The consumer can use the same tool used when contracting, without prejudice to other channels available, and the company must immediately confirm receipt of the statement.
In practice:
- access the order on the website or app;
- look for the cancellation, return or regret option;
- register the request within the deadline;
- save the confirmation, protocol and posting instructions;
- do not send the product yourself without keeping the tracking;
- preserve accessories, manuals and parts received.
The original box can facilitate the return and avoid arguments, but the TJDFT has already highlighted that the right provided for in the CDC falls on the product, not simply on the packaging. This does not authorize the consumer to damage, modify or intensively use the item before returning it.
And when the product was purchased as a gift?
When the order, payment and registration are in the name of the person giving the gift, it is recommended that that person participate in the request. The refund usually needs to be processed through the purchase payment method, and the company may request order data that the recipient does not have.
This does not transform delivery to another person into an in-person purchase. The central point is where and how the contract was concluded.
Rule 3: addictive product
If the gift does not work, is faulty, arrived damaged or is unsuitable for the expected use, the discussion is not a simple exchange based on preference. The defect regime provided for in articles 18 and 26 of the CDC applies.
There are two different clocks here, which should not be confused.
Deadline to complain: 30 or 90 days
The consumer has:
- 30 days to complain about apparent defects or easily detected defects in non-durable products;
- 90 days to complain about apparent or easily detectable defects in durable products.
The count begins with the actual delivery of the product. If the addiction is hidden and only appears later, the period begins when the problem becomes evident. A complaint demonstrably presented to the supplier prevents the period from running until a clear negative response is received.
Clothing, footwear, electronics, watches and tools may require analysis of the specific case for classification and identification of the source of the problem. Therefore, the article does not replace individual legal or technical assessment.
Deadline to resolve: as a rule, up to 30 days
After reporting the defect, suppliers generally have a maximum period of 30 days to remedy it. This period does not change to 90 days just because the product is durable.
If the problem is not resolved within the deadline, the consumer can choose between:
- replacement with another product of the same type in perfect condition;
- refund of the amount paid, updated;
- proportional price reduction.
Therefore, the 30 or 90 days in article 26 are deadlines for complaining. The 30 days in article 18 are, as a rule, the period for the supplier to cure the defect.
Can the exchange be demanded immediately?
In certain cases, the consumer can immediately use exchange, refund or rebate alternatives, without waiting 30 days. Article 18, paragraph 3, provides for this possibility when the replacement of defective parts could compromise the quality or characteristics of the product, reduce its value or when it is an essential product.
The classification of a good as essential or the assessment of the extent of the defect can generate divergence. Therefore, cases of this nature must undergo legal analysis or by the consumer protection agency.
Can the store tell the consumer to look only for the manufacturer?
As a rule, no. Article 18 establishes joint and several liability of suppliers involved in the chain. Procon Ceará also advises that the store where the product was purchased is responsible for the solution and cannot simply force the consumer to deal exclusively with the manufacturer.
Technical assistance can participate in the repair procedure, but the retailer is still part of the consumer relationship.
What evidence to keep
Before looking for the store or registering a complaint, gather:
- invoice, coupon, receipt or proof of order;
- proof of payment;
- delivery date and tracking code;
- gift tag or receipt;
- photos of the product, packaging and serial number;
- short video demonstrating the addiction, when possible;
- announcement, description and promised features;
- exchange policy published in the store or on the website;
- messages, emails and conversations with customer service;
- number of protocols;
- technical assistance service order;
- proof of posting or collection of the product.
Avoid sending personal documents beyond what is necessary. On public complaint platforms, check which fields are visible and which attachments remain restricted.
Factual request model
Subject: Request for product [name/model] — order or coupon number [number]
On [purchase date], the product [name, brand and model] was purchased through [physical store, website, application or phone]. Delivery occurred on [data], when applicable.
The request is based on the following situation:
[Choose and complete an alternative.]
- The store informed, at the time of purchase, that it would accept the exchange until [date or deadline], according to [poster, label, message or other receipt].
- I am exercising the right to repentance within the legal period counted from contracting or receipt.
- The product has the following defect: [objective description of the problem and when it was identified].
I request [fulfillment of promised exchange, cancellation with full refund, repair, replacement, refund of value or proportional rebate, depending on the situation].
Attachment [note, order, photos, protocol, announcement, exchange policy and other documents]. I ask for confirmation of receipt of this request and information, in writing, about the procedure and applicable deadlines.
Sincerely,
[Name]
[Contact]
[Data]
The model must be adapted to real facts. Do not include accusations, values or events that cannot be proven.
Personalized products, perishables and other special situations
The current text of article 49 of the CDC does not present a general list of categories automatically excluded from the right to repentance. Therefore, statements such as “personalized product can never be returned” or “all perishables can be returned without any conditions” are excessively categorical.
Personalization, consumption, rapid deterioration, full performance of a service, alteration of the product and material impossibility of return may produce specific discussions about the application of the law and the good faith of the parties.
In these cases:
- formalize the order immediately;
- do not consume, alter or discard the product;
- record the conditions under which it was received;
- request in writing the reasons for the denial;
- seek guidance from Procon or individual legal review.
What to do if the company refuses
First, register the request directly with the store's official customer service and save the protocol.
If the company participates in Consumidor.gov.br, the complaint can be registered on the platform. The company has up to ten days to respond, and the consumer has up to 20 days to comment and evaluate the solution. The service does not replace Procons, defenders or other channels of the National Consumer Protection System.
If there is no solution:
- look for the state or municipal Procon;
- present documents and protocols;
- request legal advice when there is material loss, additional damage or disagreement about exceptions;
- evaluate the Public Defender's Office or Special Civil Court depending on the circumstances.
Save this flowchart before looking for the store: where did you buy it, is there an addiction and was there a promise of exchange? These three responses avoid confusion between commercial favor, regret and legal guarantee.
This content presents general information about consumer rights and does not replace legal advice for an individual case.
