Art. 18. Suppliers of durable or nondurable consumer goods will answer for any quality or quantity deffects that make these goods inadequate for their purpose or that diminish their value, as well as any deffects resulting from the product being different from what is expected, from what is indicated in the packaging, label, or advertisement, taking into account any variations that may be a result of the goods very nature. The consumer has the right to demand substitution of any defective parts.
§ 1. If the problem of the deffect is not solved within 30 days, the consumer may demand one of the following, according to his preference:
I - substitution of the product for another product of the same nature, in perfect condition; II - the immediate return of the money paid, with any monetary adjustments, with no loss due to the eventual losses or damages; III - a discount proportional to the deffect.
§ 2. The involved parties may agree on a reduction or expansion of the time frame mentioned in the previous paragraph, as long as this time frame is not shorter than seven days and not longer than 180 days. In adherence contracts, the clause pertaining to the timeframe must be included separately, through a written declaration from the consumer.
§ 3. Depending on the type of deffect, the consumer may make immediate use of the alternatives in the first paragraph of this article, whenever the substitution of fdeffected parts may compromise the quality or characteristics of the product, diminish the value of the product or when the product is otherwise essential.
§ 4. If the consumer chooses the alternative mentioned in item I in §1 of this article, and if the substitution of the product is not possible, substitution can be made for a product of another type, brand, or model, by complimenting for receiving back any differences in price, without losing the rights set forth by items II and III in § 1 of this article.
§ 6. The following are deemed unfitting for use and consumption:
I - any expired product;
II - products that have deteriorated, been altered, changed, damaged, falsified, corrupted, products that include a type of fraud, that are harmful to life or health, dangerous, or even those that did not abide by manufacturing, distribution or presentation rules;
III – products that, for any reason, may be inadequate for the purposes for which it was intended.