My client requested an exchange for a custom-made piece. Am I obligated to accept?
- Carolina Lago Advocacia
- Aug 8
- 1 min read
Working with custom-made pieces is a way to provide exclusive and personalized service. However, this exclusivity raises important questions when the customer experiences dissatisfaction. After all, is it possible, or even mandatory, to exchange a custom-made piece?
The answer depends on a few key points. Generally speaking, the Consumer Protection Code (CDC) guarantees the right to exchange only in cases of defects or faults. When the piece is in perfect condition, but the customer simply changes their mind, the store is not legally required to exchange it, especially if the product was custom-made, tailored to the customer's preferences, sizes, and individual specifications.
But be careful: for this protection to be effective, it is essential that the brand:
• Have a well-written, clear, and communicated exchange policy before purchase;
• Use personalized contracts or acceptance terms, especially for custom orders;
• Have a registered trademark and be supported by preventive legal counsel, which guides conduct from customer service to after-sales service.
Furthermore, keeping everything documented, including emails or messages proving acceptance of the customized piece, helps avoid conflicts or unfounded allegations.
Fashion Law offers mechanisms to protect your creation and your brand's reputation, but ideally, everything should be structured from the first point of contact with the customer.
If you work with custom fashion, be legally prepared for situations like this. Preventative advice is the safest way to protect your business with elegance, professionalism, and legal certainty. For specific guidance about your brand, contact our team.
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