Right of Withdrawal: When You Can Back Out of a Purchase

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

If you buy online, by phone, or at your front door and change your mind, you have seven days to cancel the deal. You do not need to give a reason, and it costs you nothing. This is known as the right of withdrawal (direito de arrependimento), and it is set out in Brazil’s Consumer Protection Code. It guarantees a full refund of the amount you paid, including shipping.

What the right of withdrawal is

The right of withdrawal is established in article 49 of Brazil’s Consumer Protection Code (Código de Defesa do Consumidor, Law 8.078/90). Under this rule, a consumer may back out of a purchase within seven days, counted from the signing of the contract or from the receipt of the product or service, whichever happens last.

The logic behind the rule is simple. When a purchase takes place outside a physical store, the consumer has had no chance to see, touch, or try the product before closing the deal. The decision was based on photos, descriptions, or a salesperson’s pitch. The cooling-off period exists precisely to correct that imbalance, giving the buyer a second chance to decide whether they really want what they bought.

When the rule applies

The key factor is where the purchase takes place. The right of withdrawal applies only when the contract is made outside the seller’s place of business. The law itself gives two examples: purchases made by phone and at the buyer’s home. Court decisions and legal scholarship have extended this list to all distance sales.

In practice, the rule covers purchases made in online stores, apps, social media, catalogs, telemarketing, and marketplaces, as well as sales by door-to-door salespeople. What all these situations have in common is that the consumer had no physical contact with the product when deciding to buy.

The seven-day period is counted in calendar days, not business days. The count begins on the day after delivery when you are buying goods, or on the day after the contract is signed when you are buying a service. If the seventh day falls on a weekend or holiday, the prevailing view is that the deadline extends to the next business day.

An example helps illustrate the count. If the product arrives on Monday, the period starts running on Tuesday and ends the following Monday. If the goods are delivered in parts, the view that best protects consumers uses the date of the last item received, because only then can the consumer evaluate the purchase as a whole. In ongoing service contracts, such as subscriptions and plans, the count starts from the date you sign up, and canceling within the period prevents charges for later monthly payments.

The right of withdrawal is established in article 49 of Brazil’s Consumer Protection Code (Law 8.078/90).

How to exercise the right in practice

The first step is to notify the company of your decision within the deadline. You can do this by any means, but the safest approach is to put everything in writing. An e-mail, an in-app message, a chat with the store, or a customer service ticket all serve as proof that you acted within the seven days.

When you submit your request, keep the ticket number, the date, the time, and the content of the conversation. This precaution prevents later disputes over when you gave notice, which is exactly the most important fact for securing your right.

After you give notice, you return the product and the company returns your money. The refund must be full and immediate. That means everything you paid comes back, including the shipping charge you paid at the time of purchase. The amount must be adjusted for inflation, and the company cannot deduct a cancellation fee or charge a penalty for changing your mind.

As for the cost of shipping the product back, the settled view is that the seller bears it. Someone who exercises a right guaranteed by law cannot be penalized with an expense to return the goods. Charging the consumer for return shipping would defeat the very purpose of the rule.

If you paid by credit card, the store must ask the card issuer to reverse the charge, so that installments are either not billed or are refunded. If you paid by bank slip (boleto), bank transfer, or cash, the refund is made directly to you. In any case, the company cannot make the refund conditional on inspecting the condition of the product.

The law does not set a single deadline for the company to complete the refund, but the settled view is that reimbursement must be immediate and free of obstacles. When a store delays beyond what is reasonable or puts up obstacles, you can file a complaint with consumer protection agencies and seek reimbursement through the courts, including a claim for compensation for any losses caused by the wrongful withholding of your money.

The limits of the rule

The right of withdrawal does not cover in-person purchases. If you walk into a physical store, examine the product, test it, and decide to take it, you do not get the seven-day cooling-off period. In that case, you made the decision with full access to the goods, and any exchange depends on the store’s policy or on whether the product has a defect.

People often confuse withdrawal with exchange for a defect. They are different things. An exchange for a defect, provided for in other provisions of the Code, requires that the product have some problem, and it also applies to in-person purchases. Withdrawal, by contrast, does not depend on any defect, but it exists only for purchases made outside the seller’s place of business.

There are also situations that spark debate, such as customized products, perishable items, or digital content that has already been consumed. In these cases, whether the right applies depends on a close look at each transaction. If you are unsure how far the rule reaches in a specific purchase, seek legal advice before acting, so you protect the deadline and gather the necessary evidence.

Keep in mind that sellers cannot include clauses that waive or shorten the legal period. Any contract provision that tries to eliminate the right of withdrawal in distance sales is considered abusive and has no effect against the consumer.

Frequently Asked Questions

Do I have to explain why I am canceling the purchase?

No. The right of withdrawal requires no justification. You can cancel simply because you changed your mind, even if the product is in perfect condition. You only need to give notice within the seven days counted from the signing of the contract or the receipt of the goods.

Who pays for shipping when I return the product?

The seller bears the cost of the return. Because withdrawal is a right guaranteed by law, you cannot be penalized with expenses to send the goods back. In addition, the refund must be for the full amount and include the shipping you paid at the time of purchase, adjusted for inflation.

Does the seven-day period apply to purchases made in a physical store?

No. The right of withdrawal exists only for purchases made outside the seller’s place of business, such as online, by phone, from a catalog, or through door-to-door sales. In a physical store, you had direct contact with the product before deciding, and any exchange will depend on the store’s policy or on whether the goods have a defect.

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