Black Friday 2021: know your rights when buying

Black Friday, a promotion created in the United States, has already become a tradition in Brazilian trade. The highlight of the event takes place on the last Friday of November (in 2021 it will be on the 26th), but companies usually make several offers during the entire week.

The purchase opportunities generated by the promotion in 2020 moved R$ 5.1 billion in 7.6 million transactions in online commerce, according to a survey carried out by the consultancy Neotrust/Compre&Confie. Compared to the previous year, the volume represents an increase of 31% in business, showing that there is Brazilian consumer confidence in relation to the date.

However, some companies may take advantage of Black Friday to commit abuses. Therefore, before making a purchase in the promotion, it is important to know the main rights guaranteed by the Consumer Protection Code (CDC).

1. Right to information

Installment interest on the card must be clearly stated. (Source: PxHere/Reproduction)Source: PxHere/Reproduction

The information disclosed about the promotional products and prices must be clear, correct and in Portuguese. Companies must inform data such as characteristics, quality, quantity, composition, price, warranty, expiration date, origin, in addition to the possibility of risk of use, if applicable.

If payment is made in installments, for example, the interest rates applied must be informed so that the consumer can decide if the cash value is more advantageous.

The practice of misleading advertising is considered a crime by law. The company cannot increase the value the day before to offer the discount on the day of the promotion. In addition, if the purchase has not been completed due to a crash on the website, the consumer has the right to demand the product for the same price and conditions advertised.

2. Issue of Invoice

Invoice is a document that guarantees the consumer's rights.  (Source: Flickr/Jeso Carneiro/Reproduction)Invoice is the document that guarantees the consumer’s rights. (Source: Flickr/Jeso Carneiro/Reproduction)Source: Flickr/Jeso Carneiro/Reproduction

The invoice is the document that guarantees any consumer rights in case of any problem. Not providing an invoice, in addition to being an abusive practice, can be considered a crime of tax evasion, which provides for a penalty of up to five years imprisonment and a fine.

3. Purchase cancellation

Have you regretted an internet purchase?  You have up to seven days to cancel.  (Source: PxHere/Reproduction)Have you regretted an internet purchase? You have up to seven days to cancel. (Source: PxHere/Reproduction)Source: PxHere/Reproduction

The consumer can regret and return a product purchased over the internet, catalogs or telephone, even if the product does not present any defect and without the need to provide any justification. This can be done within seven calendar days from the time of purchase.

Some stores may argue that they have a different exchange policy at the time of sale. However, the right of repentance is guaranteed by law and is not to be confused with the exchange of products.

4. Delivery on time

The store is responsible for delivering purchases within the established deadline.  (Source: Pixabay/Romeosessions/Reproduction)The store is responsible for delivering purchases within the established deadline. (Source: Pixabay/Romeosessions/Reproduction)Source: Pixabay/Romeosessions/Reproduction

Black Friday can generate a huge influx of sales, which can delay deliveries. However, companies are responsible for ensuring the delivery of the product within the stipulated period, including the occurrence of events such as a postal strike.

If the product is late, the consumer must request the forced fulfillment of the delivery, give up the purchase with full refund of the value, or purchase another similar product.

When shopping online, don’t forget to take a screen print with the delivery date. In physical stores, ask the seller to note the deadline on the invoice. Thus, you will be able to charge the company in case of non-compliance with the deadline.

5. Defective product

Consumers have up to 90 days to complain about product defects.  (Source: PxHere/Reproduction)Consumers have up to 90 days to complain about product defects. (Source: PxHere/Reproduction)Source: PxHere/Reproduction

If the purchased product has a defect that compromises its use, the consumer has 30 days from the purchase to request that the store or the manufacturer repair the fault. The term is extended to 90 days in the case of durable products, that is, those that do not end with their first use. If the repair does not take place within this period, the consumer can demand the exchange for another product in perfect conditions of use; the full refund of the amount paid; or a proportional discount on the price.

How to complain in case of violation of rights

If the store does not resolve the complaint, Procon must be activated.  (Source: Uberlândia City Hall/Reproduction)If the store does not resolve the complaint, Procon must be activated. (Source: Uberlândia City Hall/Reproduction)Source: Uberlândia City Hall/Reproduction

If any right is violated during Black Friday or outside of it, the consumer must look for the store where he made the purchase to try to carry out a negotiation. If it is not possible to reach an agreement, the Consumer Protection Institute (Procon) must be activated by calling toll free number 151 or at one of the agency’s addresses.

Consumers who feel aggrieved can also file a civil lawsuit in court. If the value of the case is less than 20 minimum wages, a lawyer is not required. In case of violation of the collective interests of consumers, the action may be brought by the Public Ministry.

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