Right of withdrawal (Brazil)
The right to back out of a purchase made outside a physical store within 7 days, with no need to justify the reason, and a refund of everything paid.
Also known as: right of withdrawal · cancel a purchase within 7 days · right to cancel a purchase · brazilian consumer law article 49
Try CRPRO free for 7 daysThe right of withdrawal, under Brazilian consumer protection law, allows a customer to back out of a purchase made outside a physical store within 7 days, with no need to justify the reason, with a refund of the amounts paid. It covers purchases made online, by phone, by catalog, at the door and — the most common case today — over WhatsApp and Instagram.
When the 7 days apply
The rule exists because a remote buyer never saw, held or tested the product before paying. That is why it does not apply to a purchase made inside a physical store: there, a return for a change of mind is store policy, not a legal right.
The 7 days are calendar days, not business days. The countdown starts from signing the contract or receiving the product — in practice, from receiving it, which is usually the later event. Selling over WhatsApp and delivering by courier changes nothing: it is still a remote sale.
What the business refunds
The law calls for reimbursing amounts paid, under any title, adjusted for inflation. That means the price and also the delivery shipping fee. The consolidated understanding among consumer protection agencies is that the cost of the return shipment is also the seller's: charging the customer to send the product back would gut a right that exists precisely so a change of mind is not punished.
The law does not condition the refund on sealed packaging. What gets debated case by case is use beyond what is necessary to get to know the product — trying on a shoe is not the same as wearing it for a week.
What the right of withdrawal is not
- It is not a defect exchange. A defective product follows the legal warranty, with its own deadlines and rules.
- It is not the "seven days to exchange" some physical stores offer. That is a voluntary policy, and the store can set conditions (a tag, store credit instead of cash, a shorter deadline).
- It is not cancelling an ongoing service used for months. There, the contract's and the sector's own regulations apply.
- It does not depend on a reason. The business cannot require a justification, a report or manager approval to accept it.
How this shows up in WhatsApp sales
Two practical consequences. The first is stating the deadline before closing the sale, along with the return conditions — clear information is the seller's duty, and its absence is what most often leads to penalties. The second is being able to prove dates: when the product was delivered and when the customer asked to back out. A saved conversation, with a date and a case number on the customer's record, resolves the case in minutes; a loose screenshot does not.
Frequently asked questions
I bought over WhatsApp. Do I have the 7 days?
Yes. A sale closed over WhatsApp, Instagram, phone or a website is a sale made outside a physical store, and the right of withdrawal applies the same way. The channel does not change the right; what changes is how easy it is to prove the date, which on WhatsApp is usually logged right in the conversation.
Are the 7 days business days or calendar days?
They are calendar days, including weekends and holidays. The countdown starts from signing the contract or receiving the product — in practice, from receiving it. If the deadline falls on a non-business day, it is reasonable to accept the request the next business day.
Do I need to justify why I am backing out?
No. Withdrawal is unmotivated by definition, and requiring a justification, a report, or internal approval to accept it is an abusive practice. The customer's request within the deadline is enough.
Who pays for return shipping?
The seller. Since the law requires refunding everything paid, charging the customer for the cost of sending the product back would cancel out part of the right. That is the understanding consumer protection agencies apply in practice.
Does it apply to a product bought in a physical store?
No. In a physical store, the consumer saw and examined the product before paying, so the right of withdrawal does not apply. The change-of-mind exchange many stores offer is a voluntary policy — and once announced, the store needs to honor it under the terms it published.
Related pages
Related glossary terms
Ombudsman (consumer appeals office)
An internal appeals office that re-examines complaints already handled by regular support and responds formally, with the authority to reverse the earlier decision.
SAC (Customer Service)
The channel through which a business receives questions, complaints and cancellations — regulated by federal decree for companies in specific sectors in Brazil.
Tied selling
A practice banned by consumer protection law in which the seller makes the sale of one product or service conditional on the mandatory purchase of another.
Personal data
Any information related to an identified or identifiable natural person, including data that only identifies when cross-referenced with other data.