Online Purchases: Late Delivery, Non-Delivery and Scams

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

When an online purchase goes wrong, your path depends on the problem. An item that never arrives, a late delivery and a scam are different situations, each with its own rights and remedies under Brazil’s Consumer Protection Code and criminal law.

Shopping online has become routine, and so have the problems. A package that never shows up, a missed delivery date and an ad that vanishes after you pay may all feel like the same frustration, but legally they are different things. Telling them apart is the first step toward responding effectively and gathering the right evidence.

Non-delivery, delay and fraud each call for a different response: the nature of what happened determines your complaint, your evidence and the urgent steps you need to take.

Three Different Problems, Three Different Legal Paths

Non-delivery and late delivery are, as a rule, a breach of the consumer contract. The supplier promised something, took your payment and did not perform. The answer lies in the Consumer Protection Code, which governs offers, advertising and the consequences of non-performance.

A scam is a different category. When there is a fake store, a fraudulent ad or a seller who never intended to deliver anything, the problem is no longer merely civil and takes on criminal dimensions. Electronic fraud is defined in the Penal Code, and tracing the money is usually urgent.

This distinction is not theoretical. It determines whom you complain to, which deadline applies, what evidence to keep and whether the case calls for a police report in addition to a consumer complaint.

An Item That Never Arrives: Failure to Honor the Offer and Article 35 of the CDC (Brazil’s Consumer Protection Code)

Information and advertising that are sufficiently precise bind the supplier and become part of the contract, under Article 30 of the Consumer Protection Code. In other words, what the website advertised binds the company, including the product, the price and the delivery date it announced.

If the supplier refuses to honor the offer, Article 35 of the same code gives you three options, to be chosen freely: demand specific performance on the terms advertised, accept another equivalent product or service, or terminate the contract and receive a refund of the amount paid, adjusted for inflation, plus losses and damages.

In practice, an item that never arrives entitles you to ask for delivery, to accept an equivalent item or to cancel with a full refund. The choice belongs to you, not the seller. When the store is a known intermediary, liability may also reach the platform that made the sale possible, a topic covered in our article on marketplace purchases that go wrong.

To exercise these options, it is wise to make your request in writing, through a channel that creates a record, and to set a reasonable deadline for a reply. An offer of store credit, for example, does not replace your right to get your money back when that is what you chose. If the supplier refuses to carry out any of these alternatives, that strengthens your case at the administrative level and, if necessary, in court.

Late Delivery: The Promised Date and the Supplier’s Default

The delivery date given at the time of purchase is part of the offer. Missing it puts the supplier in default for late performance and gives you the same alternatives as Article 35: insist on delivery, accept a substitute or cancel with an adjusted refund. A significant delay may also give rise to compensable damage, depending on its actual impact on you.

It is worth distinguishing delay from the right of withdrawal. The right of withdrawal under Article 49 lets you back out of purchases made away from the seller’s premises, such as online, within seven days, without giving a reason. Delay is a breach by the seller, leading to a refund and possibly compensation; withdrawal is an option that belongs to you, explained in the guide on the seven-day period under Article 49 of the CDC.

The date promised at purchase is not a mere courtesy: it is part of the offer and binds the supplier as if it were a clause of the contract.

To judge whether a delay entitles you to immediate cancellation or compensation, factors such as how essential the product is, whether the purchase had a critical date and how the supplier responded to your contacts all carry weight. Specific aspects of delay are covered in the article on late delivery and your rights.

Purchases tied to a fixed date, such as a gift or an item for a scheduled event, make a delay more serious, because the product is only useful if it arrives on time. That is why saving the confirmation of the promised date at the time of purchase makes a difference: that record shows the broken promise and supports both cancellation and any claim for compensation.

When It Is a Scam and Not Just a Breach

Not every failed purchase is a breach of contract. In some situations the seller never intended to deliver the product: ghost online stores, fraudulent social media ads and profiles that disappear right after payment. In those cases the problem is fraud, and the conduct may amount to a crime.

Article 171 of the Penal Code defines estelionato (fraud). Paragraph § 2º-A provides for electronic fraud when the advantage is obtained through information supplied by the victim, or by a third party misled by social media, phone contacts, fraudulent e-mail or a similar means; the mere use of the internet, by itself, is not enough for this aggravated form to apply automatically.

In a scam, the priority is twofold: file a police report and act fast to try to block the payment with your bank or payment institution. The warning signs of a nonexistent store are gathered in the article on ghost online stores.

Recognizing fraud changes your strategy. In an ordinary breach, the target is the identified supplier, who is liable under the contract. In a scam, the perpetrator often hides behind fake profiles, and recovering your money depends on how quickly the payment is blocked and on the quality of the evidence you gather. The two fronts can move forward together, since a consumer complaint and a report of the crime do not exclude each other.

How to Protect Yourself Before Buying and What to Do Afterward

Prevention starts with checking the seller. Decree 7.962 of 2013, which regulates the Consumer Protection Code for e-commerce, requires websites to display, prominently and in an easily visible place, information such as the company name and its registration with the CNPJ (Brazil’s corporate taxpayer registry) or CPF (Brazil’s individual taxpayer registry), the physical and e-mail addresses and the essential characteristics of the product. The absence of this information is a first warning sign.

Before you pay, confirm that the CNPJ exists, prefer traceable payment methods, be wary of prices far below the market and avoid direct transfers to the accounts of unknown individuals. Save the ad, the receipt, the confirmation screens and all conversations.

If a problem arises, the steps are straightforward. First, file a formal complaint with the supplier and set a deadline for a reply. Then use the official consumer dispute resolution platform run by the government, consumidor.gov.br, and, if necessary, Procon (Brazil’s consumer protection agencies). In a fraud case, add a police report and contact your bank immediately. This body of evidence supports both the administrative route and a lawsuit.

Consumer protection is a fundamental right, recognized in Article 5, item XXXII, of the Federal Constitution. That foundation gives weight to administrative and judicial remedies and guides the interpretation of e-commerce rules in favor of the more vulnerable party in the relationship.

Frequently Asked Questions

I bought something and it never arrived: can I cancel and get my money back?

Yes. Under Article 35 of the Consumer Protection Code, a failure to honor the offer lets you demand delivery, accept an equivalent or terminate the contract and get back the amount paid, adjusted for inflation, plus any losses and damages. The choice among these options is yours.

Is a late delivery the same as the right of withdrawal?

No. Delay is a breach by the supplier, who was already bound by the advertised date and is liable for the default. The right of withdrawal under Article 49 is your option to back out within seven days of purchases made away from the store, such as online, regardless of any failure by the seller.

How can I tell whether I fell for a scam and not just a simple delay?

A scam usually comes with a store or ad that disappears, no official seller information, payment to a third party’s account and complete silence after the transfer. In those cases, in addition to the consumer complaint, a police report and urgent contact with your bank to try to block the funds are appropriate.

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