Online Purchases: Right of Withdrawal and Order Cancellation

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

Electronic commerce places specific obligations on sellers when it comes to canceling orders and honoring the right of withdrawal (direito de arrependimento). This right, set out in Brazil’s Consumer Protection Code (Código de Defesa do Consumidor), lets consumers back out of a purchase made outside the seller’s physical premises, without giving any reason, within a period fixed by law.

Legal Basis and Deadline for Exercising the Right of Withdrawal

The right of withdrawal is established in Article 49 of the Consumer Protection Code (Law 8.078/1990). It applies specifically to contracts made outside the seller’s physical premises, a category that includes purchases made online, by phone, or from a catalog. You have seven calendar days to exercise it, counted from the date the contract is made or the date you receive the product, whichever is more favorable to you.

The reasoning behind this right is that you have no physical contact with the item when you buy it. In an in-person purchase, you can examine the product before you pay. In an online transaction, your evaluation is limited to the images and descriptions the seller provides. That is why the law gives you a period to reconsider after the purchase.

You do not need to show that the product is defective. You only need to state your wish to withdraw within the legal deadline, by any effective means of communication, such as e-mail, a form on the seller’s website, or a customer service line. The seller cannot demand a justification or make cancellation conditional on a specific reason.

Canceling an Order Before Delivery

Canceling an order before the product is delivered works differently from withdrawing after you receive it. While the order is still being processed or is in transit, you can request cancellation based on Article 49 of the CDC (Consumer Protection Code), as well as on the seller’s own contract terms, which often set cancellation windows in their commercial policies.

The issue becomes more delicate once the product has been shipped. In that situation, most sellers tell the consumer to accept the delivery and then request a return, which formally starts the withdrawal period from the date of receipt. Refusing delivery is also a legally valid option. However, it may generate return shipping costs, and when the consumer is exercising the right of withdrawal, the seller must bear those costs in full.

Brazil’s Superior Court of Justice (Superior Tribunal de Justiça) has established that contract clauses imposing a penalty or restricting the right to cancel before delivery are abusive when they place the consumer at an excessive disadvantage. Such clauses may be declared void under Article 51 of the CDC.

The seven-day withdrawal period runs from the date you receive the product, not from the date of purchase, which significantly expands consumer protection in online purchases.

Consequences for Sellers Who Fail to Comply

A seller who fails to honor the right of withdrawal faces consequences on several fronts. Administratively, the state consumer protection agency (Procon) can impose fines and place the seller on the Registry of Substantiated Complaints (Cadastro de Reclamações Fundamentadas). In court, the consumer can seek a full refund of the amounts paid, with monetary adjustment for inflation. Depending on the circumstances of the case, the consumer may also seek compensation for moral damages (danos morais, that is, compensation for non-material harm) caused by the improper refusal.

The immediate refund of the amounts paid is an obligation that arises directly from Article 49, sole paragraph, of the CDC. Once you withdraw, you must be reimbursed for everything you paid, including shipping, through the same payment method you used for the purchase or within a reasonable time. Charging a cancellation fee or refunding only part of the amount is an abusive practice that Brazilian consumer law expressly prohibits.

Digital products such as software, e-books, and audiovisual content call for a different analysis. Decree 7.962/2013, which regulates electronic commerce, allows the seller to state in advance that the right of withdrawal is lost when the digital content is made available immediately after purchase and the consumer was told of this condition clearly and prominently. Without adequate advance notice, however, the right of withdrawal remains in place even in these cases.

Frequently Asked Questions

Can the seller charge for return shipping when the consumer exercises the right of withdrawal?

No. Article 49, sole paragraph, of the Consumer Protection Code requires that all amounts the consumer paid be refunded, including the original shipping charge. The cost of returning the product also falls on the seller. Any other reading would make it costly to exercise a right the law designed to be free and unconditional.

Does the right of withdrawal apply to purchases made on marketplace apps?

Yes. Purchases made on marketplace platforms are contracts made outside the seller’s physical premises, so Article 49 of the CDC applies. The seven-calendar-day period runs from the date you receive the product. If the right is not honored, both the seller and the intermediary platform can be held jointly liable under Article 7, sole paragraph, of the CDC, which establishes joint liability for everyone involved in the supply chain.

What happens if the consumer returns the product damaged after withdrawing from the purchase?

The right of withdrawal does not permit you to use the item or let it deteriorate during the reconsideration period. If you return the product with damage you caused, the seller may deduct from the refund an amount equal to the actual loss in value, as long as the seller can document the product’s condition at delivery and the damage found on return. Simply opening the packaging, however, does not count as use that would limit or eliminate the right of withdrawal.

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