Original article: Ojo al charqui en Navidad: si el regalo sale defectuoso, tienes derecho a cambio, reparación o devolución

Protect Your Rights This Holiday Season: Know About Exchanges, Repairs, and Refunds for Defective Gifts

As Christmas approaches, the excitement over gifts from «Old Man Christmas» is often accompanied by concerns about potential defects or manufacturing flaws. In light of this common scenario during the holiday season, the National Consumer Service (SERNAC) has urged consumers to understand and exercise their rights, particularly regarding the legal warranty, a critical protection many Chileans are either unaware of or encounter obstacles with from suppliers.

The Acting National Director of SERNAC, Carolina González, emphasized that «consumers have three options: exchange, repair, or refund, for a period of 6 months from the purchase or receipt of the product, in cases of online purchases.»

This warranty, defined in Law No. 19.496, safeguards those who purchase a new product that has defects or faults, provided these issues are not a result of misuse.

The Landscape of Holiday Complaints

Data from last holiday season highlights the magnitude of the issue. According to statistics from SERNAC, between December 25, 2024, and January 31, 2025, the agency received approximately 4,200 complaints against retailers regarding issues related to this festive period.

A detailed analysis revealed that logistical issues caused the most headaches: 23% of complaints were due to delivery delays, and 6% involved receiving items different from those purchased. Together, these problems accounted for 29% of the total cases, mainly affecting online purchases.

Next, 12.4% of complaints were related to difficulties with cancellation and refund processes, primarily caused by excessive delays in deliveries.

Worryingly, complaints regarding issues with exercising warranty rights for defective products were third, at 8.5%.

«The problems mainly revolve around companies refusing to issue refunds and replace defective products,» the agency stated.

How to Effectively Exercise Your Legal Warranty

The process for asserting warranty rights is straightforward: «consumers can go directly to the company that sold them the product, presenting the receipt, invoice, or another proof of purchase,» SERNAC explained.

The 6-month period is explicit and commences from the date of purchase or, in the case of online transactions, from receipt of the item.

The agency also pointed out that certain common practices are abusive and prohibited: «Not valid are signs or stamps on receipts indicating no returns or exchanges,» it explained.

Additionally, companies cannot refer consumers to remote locations for repairs or process complaints outside of normal business hours. «They must offer the same conditions under which the product was sold,» the press release emphasized.

Another illegal barrier is to condition the warranty. In this regard, SERNAC clarified that suppliers cannot impose obstacles to the exercise of warranty rights, «such as allowing exchanges or refunds only if original packaging is returned or charging for this service.»

Exchange Tickets and Online Purchases

Many stores voluntarily offer an «exchange ticket,» a commercial policy that generally allows for items to be swapped for different sizes or due to simple dissatisfaction within a period of 10, 20, or even 30 days.

«If offered, it must be honored,» warned SERNAC. However, this commercial benefit is independent and does not replace the legal warranty.

«This does not mean that consumers lose their legal warranty if the product has defects,» the agency pointed out.

For the growing world of e-commerce, the rules are equally strict. Consumers have the same rights as they do for in-person purchases, including the 6-month legal warranty.

Additionally, they have the «right of withdrawal,» which allows them to change their minds about the purchase without justification within the first 10 business days after receiving the product, except for certain exceptions like personalized or perishable goods.

SERNAC’s final call is to make purchases from established businesses, always request a proof of payment, and not accept «no» for an answer when a new, packaged Christmas gift does not function as it should. The legal warranty is, during this festive season, the backing that every consumer has in their hands, so remember: «Watch out for surprises this Christmas.»

Where and How to File a Complaint

Consumers who experience any breach by a company, such as failing to respect the right of withdrawal or legal warranty, can file their complaints with the National Consumer Service.

• Visit the Consumer Portal, using your SERNAC key or Unique Key.
• Call for free at, Monday to Friday, from 09:00 to 19:00 hours.
• Visit any of the service offices across the country.