The right to change one’s mind, as outlined in Article 49 of the Consumer Protection Code (CDC), is a crucial mechanism for safeguarding consumers in certain circumstances.
This right enables the cancellation of consumer agreements made through means other than in-store transactions, such as online purchases, phone orders, or mail catalogs.
It is a system that ensures consumers have the right to reconsider and cancel their purchase, leading to better balance in consumer interactions.
Read the complete article to further explore the subject and 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?
The CDC’s Article 49 allows the consumer to cancel a contract within 7 days of signing or receiving the product or service if the transaction occurs outside the store.
This entitlement is applicable without requiring a reason and serves to safeguard consumers from impulsive purchases or those made without sufficient information.
Refer to article 49 of the CDC.
The consumer has the right to cancel the contract within seven days after signing or receiving the product or service, particularly for remote purchases like phone or home sales, as stated in Article 49 of the Consumer Defense Code.
If the consumer decides to cancel their purchase within the specified period, any payments made during that time will be promptly refunded with adjustments for inflation.
In the event of a withdrawal, the article specifies that the money paid for any item must be promptly refunded with updated monetary value.
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When can repentance be exercised?
The right to withdraw is primarily relevant in cases of agreements made away from the store, like:
- Online shopping (e-commerce).
- Contracts created via phone, mail, or in-home arrangements.
- Acquisitions showcased at fairs or mobile events.
Exceptions to the right to change one’s mind [Article 49 of the CDC]
Not all agreements are eligible for the right of withdrawal. Examples include:
- Tailored or customized products cannot be returned as they cannot be resold or reused, which would be detrimental to the supplier.
- Perishable or personal items such as food, medications, and hygiene products cannot be returned due to safety and health concerns.
- Services such as hosting, transportation, and events that are scheduled for specific dates cannot be canceled without consequences, as they involve planning and reservations that affect the provider directly.
These exceptions are designed to maintain a fair balance between buyers and sellers, taking into consideration the unique characteristics of specific products and services.
What responsibilities does the supplier have?
In situations where the right to change one’s mind is exercised:
- The provider needs to refund the customer entirely, which includes the shipping costs.
- The value return needs to be promptly and financially refreshed.
- The vendor is not allowed to charge the consumer extra fees for using the right to cancel the purchase.
Examples of how the Right of Repentance [Article 49 of the CDC] can be applied in real-life situations
Purchasing clothing online.
A shopper bought a dress from an online retailer, but upon receiving it, discovered that they did not like the design.
Even if the item is undamaged and without defects, you have a period of 7 days from the date of delivery to request a return and receive a full refund.
Online course signature
A customer signed up for an internet-based language course following an email advertising campaign. However, upon completing the initial lessons, he determined that the course did not meet his 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.
After she got the product, she realized she didn’t require it and asked for a return within a week.
Contracting app streaming services
A customer has subscribed to a streaming platform through the mobile application.
After using the service for a few days, he discovered that the deal did not suit him. He has the option to cancel during the trial period.
Buying furniture through a catalog
The customer selected a couch from a catalog that was sent to her home but discovered upon delivery that the size did not fit the available space.
Repentance remains 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 Withdrawal [Article 49 of the Consumer Defense Code].
Here are useful suggestions for enhancing consumer protection strategies. Take a look!
The initial request is well-received.
Article 49 of the Consumer Protection Code states that there is a 7-day period for withdrawing from purchases made outside the store when drafting the initial petition for cases related to the right of withdrawal.
This right aims to safeguard consumers from purchasing items impulsively or without direct interaction with the product.
Incorporates relevant laws like Decree No. 7.962/2013, governing online business.
Recent court decisions that establish a customer-friendly interpretation and serve as precedents from the Courts of Justice or the STJ, supporting their argument.
Evidence in the east
Advise the customer to keep all receipts, including confirmation emails, receipts for taxes, payment receipts, screenshots of offers or digital contracts, and records of communication with the seller (emails or messages).
It is crucial to have these evidence to show that the purchase was made off-site and within the allowable period for changes.
Request any extra documents that can support the claim, such as a log of return attempts and unsuccessful communication.
Exceptions require attention
Make sure the situation is one of the exceptions to the right of repentance outlined in Article 49 of the CDC and specific laws before taking any action.
Frequent instances involve personalized items, services used prior to the return window, and goods that can spoil.
This in-depth examination will help avoid unnecessary legal disputes and enhance the lawyer’s role as a resolver of ethical and responsible issues.
Utilize technological resources.
Invest in dedicated technological resources like Legal AI, which is artificial intelligence designed for legal professionals.
These solutions can enhance the development of procedural components, conduct updated research on case law, and improve the efficiency of competitions.
Process management tools aid in monitoring deadlines and customer communication, thereby enhancing productivity and service quality.
Negotiate outside of the legal system.
Whenever you can, give preference to resolving issues with the supplier outside of court.
This method decreases both the costs and time involved in procedures, showing the customer’s sincerity and readiness to resolve the conflict amicably.
Strong arguments should be made, emphasizing relevant laws and potential risks related to legalization for all parties involved. Suggesting agreements that uphold consumer rights can result in quicker and more satisfactory outcomes.
Be sure to watch out for the deadline for prescriptions.
The client should be reminded that the deadline to initiate 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 window for returns is limited to 7 business days and should be followed promptly after buying or receiving the product/service.
Examine comparable instances
Keep up with court rulings and legal interpretations concerning the right to change one’s mind.
STJ has solidified significant stances regarding the implementation of Article 49 in particular scenarios like online shopping or digital service sign-ups.
This research enables the attorney to remain current and develop personalized tactics for individual clients.
Customer Education
Explain to the client the significance of taking prompt action by recognizing the importance of utilizing the right to change one’s mind.
Discuss the legal consequences, such as the complete reimbursement of all payments made, including shipping costs, and potential outcomes in the event of supplier non-compliance.
Clear and proactive communication with the consumer enhances the trust and 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 is crucial for maintaining a fair relationship between consumers, particularly in the expanding realm of e-commerce.
The law encourages consumers to think about their purchases, leading to increased trust in transactions made online or outside of stores.
Lawyers specializing in consumer matters need to understand the complexities of this law in order to effectively advise their clients, whether they are consumers or suppliers.
Understanding the regulations and any exceptions is crucial for the just implementation of this entitlement, guaranteeing security and equilibrium in consumer interactions.
Read LC 214/2025 for information on the updated tax system regulations related to the consumption tax reform.