Limited editions and pre-sales: how far do consumer rights go?

In the fashion industry, few words are as appealing as “exclusive.” And it is precisely this concept that makes limited editions and pre-sales powerful tools for generating desire, engagement and perception of value. However, this type of strategy requires legal attention, both for brands and consumers.

Despite being legitimate, pre-sales and limited launches are not outside the scope of consumer protection regulations. On the contrary: the more sophisticated the marketing strategy, the greater the care must be taken with the clarity of information and transparency in the consumer relationship.

Delays in delivery, lack of stock, sudden changes in the advertised product and undue refusals to exchange are practices that, if not well managed, can result in the brand being held liable. The Consumer Protection Code (CDC) guarantees rights such as:

• Delivery within the promised period;

• Clear information about the product’s characteristics;

• Possibility of regret in online purchases (7-day period, even in limited editions);

• Right to exchange or repair in case of defect or fault.

  
  

It is common, for example, for capsule collections to sell out in a few hours, but if payment is approved and the product is not delivered, there is liability. It is also common for brands to refuse exchanges under the argument that “the item is part of a limited edition”, which does not exempt the company from legal obligations, especially if there is a quality problem.

In addition, practices such as misleading advertising (“last units”, “exclusive for subscribers”, etc.) can also be questioned in court if the consumer proves to have been misled.

Specialized legal advice works precisely to align expectations and legality. It provides guidance from the drafting of sales terms to the development of campaigns that comply with the legislation, without sacrificing the creativity that drives the sector.

When we talk about fashion, we are also talking about experience. And ensuring a safe, ethical and transparent consumer experience is not only a legal duty, but a brand asset. Ultimately, exclusivity and responsibility need to go hand in hand.