Peru’s consumer protection authority recently sanctioned a major retail chain for including an irregular clause in its returns and exchanges policy that restricted consumers’ rights.
The decision followed the identification of excessive requirements imposed on consumers to request exchanges or refunds, which were found to be inconsistent with the applicable consumer protection framework. The authority ordered the removal of the clause and emphasized that commercial policies must not impose conditions that unjustifiably limit rights recognized by law.
This decision highlights the importance for companies of carefully reviewing the content of their contracts and internal policies, particularly those governing consumer-facing processes such as returns, refunds, and warranties. The authority stressed that information provided to consumers must be clear, transparent, and aligned with consumer protection regulations.
In Colombia, a similar practice could be contrary to the Consumer Protection Statute, which prohibits unfair terms and requires return and exchange policies to respect consumers’ minimum rights, without imposing disproportionate burdens or conditions that undermine those protections.
