Article 49 CDC gives a 7-day right of withdrawal for distance/off-premises purchases (refunding delivery too). In-store "changed my mind" exchanges are not a legal requirement, but an announced policy becomes binding under Article 30 CDC.
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EXCHANGE AND RETURN POLICY (POLÍTICA DE TROCAS E DEVOLUÇÕES) — CÓDIGO DE DEFESA DO CONSUMIDOR (CDC, LEI 8.078/1990)
Business: Sales channel(s): Effective date:
1. ⚠️ RIGHT OF WITHDRAWAL (DIREITO DE ARREPENDIMENTO) — ARTICLE 49 CDC 1.1. For purchases made OUTSIDE the business premises or AT A DISTANCE (e.g. online, phone, delivery app), the consumer has calendar days (statutory: 7 days) from receipt of the product/service to withdraw from the purchase WITHOUT giving any reason. 1.2. On a valid withdrawal, ALL amounts paid — including delivery charges — must be refunded in full, immediately, and monetarily updated.
2. LEGAL WARRANTY FOR DEFECTS (VÍCIOS) — ARTICLE 26 CDC 2.1. Independently of the withdrawal right above, the consumer may claim repair/replacement/ refund for product or service defects (vícios) within of receipt (statutory: 30 days for non-durable goods/services, 90 days for durable goods). 2.2. Product conditions accepted for exchange/return: .
3. ⚠️ IN-STORE "CHANGED MY MIND" EXCHANGES — NOT A LEGAL OBLIGATION, BUT SELF-BINDING IF ANNOUNCED 3.1. In-person, in-store exchange for reasons OTHER than a defect (e.g. wrong size, changed mind) is NOT required by federal law — but under Article 30 CDC, once a policy is publicly announced (signage, receipt, website), it becomes BINDING as an offer. 3.2. This business's in-store policy: .
4. REFUND METHOD 4.1.
This is a boilerplate template, not legal advice. Brazilian labour, data-protection, consumer- protection and sanitary law (the Consolidação das Leis do Trabalho — CLT, Decreto-Lei 5.452/1943, as reformed by Lei 13.467/2017; the eSocial digital reporting system, under which the admission event must be filed no later than the day before work starts and the CTPS Digital record is updated automatically; Lei 12.506/2011 on proportional notice periods; Lei 13.352/2016, the Lei do Salão Parceiro; the LGPD — Lei 13.709/2018 — supervised by the ANPD, including the simplified regime for agentes de pequeno porte under Resolução CD/ANPD nº 2/2022; the Código de Defesa do Consumidor — CDC, Lei 8.078/1990 — and Decreto 7.962/2013 for e-commerce; and ANVISA's RDC 216/2004 on food-service good practices, as supplemented by state/municipal vigilância sanitária rules) is highly procedural, tied to fixed statutory deadlines (e.g. eSocial admission BEFORE the first working day, a 3-calendar-day minimum notice for each intermittent-work shift, a 10-day TRCT settlement deadline, a 30-day advance vacation notice) and to significant penalties for missed deadlines or missing documentation. ⚠️ ADDITIONAL CONTEXT TO VERIFY WITH YOUR ADVISORS: (1) NR-1/PGR — psychosocial risk factors (fatores de risco psicossociais, Portaria MTE 1.419/2024) became subject to PUNITIVE fiscalização from 26 May 2026 — confirm your current Programa de Gerenciamento de Riscos (PGR) status (MEI is exempt; low-risk ME/EPP may qualify for a simplified declaration at pgr.trabalho.gov.br); (2) the "pejotização" question (STF Tema 1389) — whether an "autônomo"/"PJ" services arrangement may be reclassified as employment — remained UNRESOLVED by the Supreme Court (STF) as of mid-2026; any PJ/autônomo arrangement carries this litigation risk; (3) NFC-e/NF-e/CF-e-SAT/MFE/NFS-e fiscal documents are issued through your accountant's (contador) authorised system and are OUT OF SCOPE for this template; (4) almost every small business in this segment operates under Simples Nacional (MEI/ME/EPP) — a contador is a de facto mandatory partner for payroll, tax and eSocial compliance. This English text is a DRAFTING AID ONLY. It must be reviewed, translated into Portuguese where required for validity/ enforceability, and adapted by a Brazilian labour/commercial lawyer (advogado) and accountant (contador) — and checked against current guidance from the Ministério do Trabalho e Emprego (MTE), ANPD, ANVISA, Procon and local vigilância sanitária — before use.
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