The Right of Withdrawal on Online Purchases

This page is a translation of the original Portuguese text, provided for convenience. It deals with Brazilian law. If there is any discrepancy, the Portuguese version prevails. Read the original in Portuguese

Bought something online or by phone and changed your mind? Brazil’s consumer protection law gives you the right to cancel the purchase within seven days, without explaining why and with a full refund of what you paid. Here is how this right works in practice and how to get your money back.

What the right of withdrawal is

The right of withdrawal (direito de arrependimento) is the ability to back out of a purchase after the deal is closed, without any penalty. It is set out in Article 49 of the Código de Defesa do Consumidor (Brazil’s Consumer Protection Code), and it exists to protect people who buy without having the product or service in front of them at the moment they sign up.

The idea is simple. When we buy in a physical store, we can touch the product, try it out, and judge its size and quality before deciding. With distance purchases, that evaluation only happens once the order arrives at your door. That is why the law gives consumers a window of time to think it over calmly and reconsider with the product in hand.

It is important to understand that changing your mind is not the same as a defect. We are not talking here about a broken product, one with a flaw, or one that differs from what was advertised. The right of withdrawal applies even when the product is perfect. You simply changed your mind, and the law respects that.

When the right applies

The key point of Article 49 is where the contract was made. The right of withdrawal applies to purchases made outside the seller’s business premises. That includes, above all, purchases made online, by phone, from a catalog, through messaging apps, and sales made by a representative who knocks on your door.

In these situations, the consumer had no direct contact with the product before buying, and it is that distance that justifies the protection. A purchase on an e-commerce site, a subscription ordered over the phone, and a product bought in a door-to-door sale all fall within the rule.

Purchases made inside a physical store, where the product is available for immediate inspection, do not create this automatic right to cancel. If you went to the store, saw the merchandise, and decided to buy it anyway, returning it simply because you changed your mind will depend on the store’s own return policy, not on the law.

The deadline to withdraw is seven calendar days. The count starts on the date the contract is signed or the date you receive the product, whichever happens last. In practice, for an online purchase, consumers usually get the seven days counted from the day the order reaches their hands.

With distance purchases, you have seven days to change your mind, without having to justify anything and with a full refund of what you paid.

Within this period, you do not need to give any reason. The store cannot require you to explain why you canceled, nor can it make the refund conditional on a reason it considers valid. Withdrawal is your right, and the simple fact of exercising it within the deadline is enough.

How to exercise the right, step by step

Exercising the right of withdrawal is easier than it seems, as long as you act within the deadline and keep a record of everything. Gathering proof of your communication is what spares you headaches if the store makes things difficult later.

The first step is to check the date. Verify when the product arrived or when the contract was signed, and confirm that the seven calendar days have not yet run out. If the deadline is close, act the same day rather than putting it off.

The second step is to communicate your cancellation clearly. Send the company a message stating, in so many words, that you are exercising the right of withdrawal provided for in Article 49 of the Código de Defesa do Consumidor. Use a channel that generates proof, such as e-mail, a chat with a saved record, or the website’s own customer service system.

The third step is to keep all the documentation. Save the order number, the invoice, the date you received the product, screenshots of the conversation, and the service protocol number. This body of evidence supports your request if you need to file a complaint with a consumer protection agency or go to court.

The fourth step concerns returning the product. When physical merchandise is involved, the company must guide you on shipping it back, and the cost of that return cannot fall on you. In distance purchases, return costs are the seller’s responsibility, because someone exercising a legal right should not be penalized with an extra expense.

Getting your money back

Once you have given notice of withdrawal within the deadline, you are entitled to get back everything you paid. The refund must be full and immediate, and it covers any amount spent on the purchase, including the shipping fee you paid to receive the product.

The amounts must also be refunded with monetary adjustment. This means your money comes back corrected for inflation, and the company cannot keep a portion as a fine, administrative fee, or penalty for canceling. Charging a fee to accept your withdrawal is a practice that violates the law.

The refund usually follows the method of payment. If you bought with a credit card, the reversal appears on your statement, and the card issuer must cancel the charge for any remaining installments. If you paid by boleto (a Brazilian bank payment slip), bank transfer, or pix (Brazil’s instant payment system), the money should be returned the same way or by another method agreed with you.

When a service has already begun, the same reasoning holds. If you cancel a service contracted at a distance within the seven days, you are entitled to a refund of what you paid, on the principle that a timely withdrawal cannot cause a loss to the person who exercises it.

If the company refuses to refund your money, ignores your notice, or insists on deducting fees, you can file a complaint with consumer protection agencies such as Procon (the state consumer protection agency) and seek a solution in court. An unjustified refusal not only violates the Código de Defesa do Consumidor but may also entitle you to compensation for the inconvenience it caused.

Frequently Asked Questions

Does the right of withdrawal apply to purchases made in a physical store?

As a rule, no. Article 49 protects purchases made outside the seller’s premises, such as sales online, by phone, or door to door, situations in which you did not have the product in front of you before deciding. In a physical store, where the merchandise is available for inspection, returning an item simply because you changed your mind depends on the merchant’s own return policy, not on the law. Even so, many stores offer a return window as a courtesy, so it is worth checking the published policy.

Do I have to explain why I canceled the purchase?

No. Within the seven days, withdrawal is an unconditional right. The company cannot demand an explanation or refuse the refund because it considers your reason insufficient. You only need to communicate your cancellation within the deadline, preferably through a channel that generates proof, so that the right is exercised safely. The product may be in perfect condition, and you still have the right to return it, because the law protects a change of mind in distance purchases.

Who pays the shipping to return the product?

In distance purchases, the cost of returning the product is the seller’s. Someone exercising a right guaranteed by law should not bear an extra expense for doing so. In addition to the return shipping, the amount you paid for delivery must also be refunded, along with the price of the product, all with monetary adjustment. If the store tries to shift this cost to you or deduct fees from the refund, it is acting outside what the Código de Defesa do Consumidor requires.

As informações deste artigo são de caráter informativo e não substituem consulta jurídica individualizada. Cada caso possui particularidades que exigem análise específica.