Between commercial practice and consumer protection: The persistence of notices prohibiting exchanges and returns

Abstract

In this research, we focus on Consumer Law, seeking to analyze the contradiction between the commercial practice of establishing abusive and limiting clauses within the current legal framework. Through a mixed-methods study, combining a dogmatic analysis of Law No. 29571 with fieldwork in commercial establishments in Tacna, we examined how these clauses aim to limit the supplier's responsibility and deprive the consumer of their fundamental right to suitability and contractual balance. The findings reveal an alarming normalization of these restrictions, exacerbated by systematic misinformation that paralyzes the user. Therefore, these notices are ineffective in the face of inalienable legal protection, making it urgent to move from passive resignation to the active enforceability of rights, supported by preventive oversight policies that restore fairness to the act of consumption.