Consumer rights in Brazil

As a seller on Amazon.com.br, you must observe and comply with the rules set by the Brazilian Customers Protection Code. These rules apply to both Brazilian and foreign sellers.

Bear in mind that if Amazon is deemed liable by the consumer protection agencies or courts for transactions failures between you and a customer, the amount spent by Amazon will be deducted from your Amazon Seller account.

Below you will find the main Consumer Protection rules that you must comply with:

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RIGHT OF REGRET
Customers have the right to cancel the order and return the product, regardless of a justification, within 7 days from the delivery date (“right of regret”). As a seller, you must respect this decision, fully reimburse the customer and handle the costs of the return (including return shipping costs).

REFUND OR REPLACEMENT IN CASE OF DEFECTS
If the product you sold shows any damage or defect, the customer has the right to request the full refund or replacement of the product (at customer’s discretion) within the deadlines below:

• Durable Goods (e.g. books, electronics, etc.): 90 days from the delivery date;
• Nondurable Goods (e.g. cosmetics, clothes, etc.): 30 days from the delivery date.

Attention: In case of hidden defects (damages or defects only visible later), the period above will be counted from the day that the damage become visible.
If a customer gets in contact and requests you to solve the defect, you will have 30 days to do so (for example, repairing the product). After this period, the customer can choose one of the options below:

• Replacement for an equal product;
• Full refund, plus damages and losses if applicable due to the product damage; or
• Proportional reduction of the price (reimbursement of the difference between the price paid and the current price of the damaged or defective product).

Note that the customer can choose among the alternatives below at its own discretion.

CUSTOMER’S HEALTH AND SAFETY
NO product offered on Amazon.com.br may result in health or safety risks for the customers. In case of “ordinary and predictable” risks, you must clearly list such risks on the product’s detail page.

OFFER/ADVERTISEMENT
The relationship between you (seller) and the customer begins when you list the product on Amazon.com.br. Listing a product on the site is deemed an “offer” under Brazilian law, and you are obliged to honor any offer provided by you on Amazon.com.br. Note some basic rules:

• Any offer is binding (you must observe all conditions set forth in the detail page);
• Offers must be clear and accurate;
• Advertisements must be unambiguous and easy to understand;
• Offers/advertisements (including the entire content in the detail pages) must be in Portuguese language;
• All information in the Detail Page (e.g. price, details of the product, quantity, weight, composition, risks, etc.) must be accurate and real; and
• You must honor all conditions relevant to the transaction, including the estimate delivery date.

ANY INNACURATE INFORMATION MIGHT BE CONSIDERED MISLEADING ADVERTISING, AND YOU, AS A SELLER, MAY BE LIABLE FOR IT.

ABUSIVE PRACTICES
Keep in mind: Besides Amazon’s policies, you shall fully observe the rules established by the Brazilian Customers Protection Code and any other applicable law regarding your business or the products you sell on Amazon.com.br. We list some of the conducts considered as “abusive practices” by the Brazilian Customers Protection Code below:

• When you list a product, you are bound by this offer and it is not possible to refuse an order;
• You must not ship, deliver a product or provide a service without a request from the relevant customer;
• You must not benefit from customers’ weaknesses, beliefs, fears or ignorance;
• You must not sell any product that disrespect any Brazilian regulatory rule (for example, rules from ANVISA, Inmetro, ABNT or any other regulatory body);
• When you list a product, you must clearly establish the delivery date.

For further reference, you can find the entire text of the Consumer Protection Law (in Portuguese) in this link. http://www.planalto.gov.br/ccivil_03/leis/L8078.htm

MARKETPLACE VS RETAIL

• Who owns the products?

Marketplace: Amazon does not purchase any products. The products are the seller’s property.
Retail: Amazon purchases the products, i.e., the products are Amazon’s property.

• Who knows about the products?

Marketplace: Amazon has limited knowledge about the seller’s products.
Retail: Amazon knows about the products it sells

• Who ensures compliance with law?

Marketplace: The sellers ensure that their product comply with legal requirements.
Retail: Amazon ensures that the products comply with legal requirements

• Who is liable?

Marketplace: If there is any issue with the product, the sellers are liable. In Brazil, though, there is a risk that Amazon be held liable for products sold by 3P sellers. In this sense, it is important to bear in mind that Amazon’s exposure to any consumer protection or regulatory risk is greater in Brazil than in other marketplaces.
Retail: If there is any issue with the product, Amazon is liable (obviously, Amazon can require indemnification from the vendor based on our T&Cs but Amazon is still liable)

• Who determine the price?

Marketplace: The sellers independently determine the price of their products.
Retail: Amazon independently determines the price of their products.

• Who do customers contract with?

Marketplace: The sellers sell the products to customers, i.e., customers contract with sellers when they buy a product on the Marketplace.
Retail: Amazon sells the products to customers, i.e., customers contract with Amazon when they buy a retail products.

• Who is responsible to create and provide the information on the Detail Page?

Marketplace: The sellers are responsible to create and provide the information of each product.
Retail: Amazon is responsible to create and provide the information of each product.
Obs: Pursuant to Brazilian law, detail pages must contain at minimum the following pieces of information (as applicable to each category): product’s characteristics + quantity + composition + price + guarantee + expiration date + origin + risks. All information in the detail pages must be clear and in Portuguese language

• In case of exchange or replacement, who is liable for the freight?

Marketplace: The seller must solve the issue and handle the cost of the freight.
Retail: Amazon must solve the issue and handle the cost of the freight.

• In case of price errors, who is responsible?

Marketplace: The price errors must be honored by the seller.
Retail: The price errors must be honored by Amazon.

Note that pursuant to Brazilian law, orders cannot be cancelled even in case of price errors. If you believe the error is too obvious or there is other reason for us to cancel an order, please reach out to our Seller Support team to discuss how to handle the issue”.