If an online store authorized or posted a charge but did not generate an order confirmation, keep the payment record separate from the screen or message showing the order failure. Ask the supplier to answer in writing: was the order accepted, is the item available, and what remedy is proposed if the offer cannot be fulfilled? In Brazil, Article 35 of the Consumer Defense Code addresses options when a supplier refuses to comply with an offer. A Procon or Consumidor.gov.br complaint can document an attempt to resolve the issue; the small-claims court is a separate route to assess. None of these steps alone guarantees an outcome.
This guide covers a charge linked to an order with no confirmation, a cancellation or a non-delivery. It does not decide whether a particular contract was formed, which company is responsible, whether fraud occurred, what amount may be due, or the outcome of a claim. The official sources reviewed do not establish a general rule that everyone must wait for Procon to conclude a complaint before considering another route, nor a universal 30-day refund deadline for this situation. The answer depends on the offer, records, payment method, participants and applicable law.
First, reconstruct what happened
Create a short timeline with the date, time and channel for each event. Record when you selected the product, when you attempted checkout, the amount and payment method, what appeared after you submitted the order, and when you learned the order was unavailable. Add each later contact and response.
Keep original files where possible. A screenshot may help, but also preserve the email, text message, conversation, bank record or statement, offer page, terms shown and any support reference. Do not edit the original file. A working copy with sensitive data removed may be useful to share, but keep the complete version in a secure location.
Group your records:
- Offer: the page or advertisement, description, price, stock, delivery charge, promised timing and conditions shown before purchase.
- Payment: authorization or posting record, date, amount and available reference. Do not publish full card, account or identity numbers.
- Order: error screen, emails sent or received, order number, status and any cancellation.
- Contact: messages with the store, platform, marketplace or payment provider, including replies and support references.
- Practical effects: directly related additional expenses, if any, with proof; avoid estimating amounts without support.
If a marketplace was involved, note who is identified as seller in the offer, who received payment, who issued the invoice or confirmation and what role the platform says it plays. A familiar brand, app and seller can be different entities. Do not infer responsibility from a logo alone.
Ask the supplier for a specific written answer
Use a customer-service channel identified by the store and keep the conversation in writing. Include the transaction or order reference, date, amount and observed problem. Ask whether the order was accepted, whether the item is available and what happens next. If the store says it cannot comply with the offer, ask it to explain the available options in writing and how each would be handled.
Article 30 of the Consumer Defense Code provides that sufficiently precise information or advertising becomes part of the contract and binds the supplier that publishes or uses it. Article 35 addresses refusal to comply with an offer and provides, at the consumer's choice, options to demand performance, accept an equivalent product or service, or terminate with return of an advance payment adjusted for inflation and damages. This does not by itself resolve who the supplier was, what the offer said, whether a contract was completed or which option applies.
Describe observable facts and make a clear request. Rather than alleging fraud without evidence, record that the payment appears approved, no order confirmation arrived and customer service gave a particular explanation. If you want the product, say so; if you no longer want the purchase, explain that you are asking to cancel. Save the reply and the date you sent it.
You could structure a message like this:
On [date], I tried to buy [product] through [offer reference]. The payment of R$ [amount] appears as [authorized/posted] under [partial reference], but I did not receive an order confirmation. On [date], customer service said [summary]. Please confirm in writing whether the order was accepted and, if the offer cannot be fulfilled, explain the available options and process for each. Relevant records are attached.
This is an organizational example, not a required legal notice. Remove unnecessary data before sending and use verified official channels.
Distinguish failure to comply with an offer from withdrawal
The Code has separate provisions. Article 35 addresses refusal to comply with an offer. Article 49 provides a seven-day withdrawal period for certain contracts made away from a commercial establishment, counted from signing or receipt of the product or service as stated in the law. Article 49 depends on the transaction and circumstances. Do not treat the seven-day period as a rule for every delivery failure, or treat Article 35 as an automatic withdrawal right.
Decree 7,962/2013, which regulates aspects of e-commerce, requires clear information about the supplier, product, expenses, conditions and availability, immediate confirmation that the offer acceptance was received, and the contract made available in a form the consumer can retain and reproduce immediately after contracting. It also sets rules for electronic customer service, including immediate confirmation that a consumer request was received and a supplier response within five days. The decree describes supplier duties in e-commerce; it does not itself create a general 30-day deadline to return every payment in every scenario.
Article 5(3) of the decree specifically requires the supplier to notify the financial institution or card administrator immediately to prevent a charge or reverse it when the Article 49 withdrawal right is exercised. Do not extend that rule to say every order problem or every Article 35 option automatically follows the same payment procedure. Ask for written confirmation and check the status with the payment provider.
Choose a complaint channel that matches your goal
If direct contact did not resolve the issue, you can assess complaint and resolution channels. A state or municipal Procon may receive consumer complaints under its jurisdiction and requirements. Procon-SP, for example, describes non-delivery as a possible failure to comply with an offer and lists its service channels. That is a São Paulo reference, not a uniform administrative rule for every state.
Consumidor.gov.br is a public platform for communication between consumers and participating companies. Its official page says a company has up to ten days to reply and the consumer then has up to twenty days to evaluate the response. These are platform workflow periods, not a universal refund deadline or a court decision. Check whether the company is registered and review current instructions before filing.
Procon and Consumidor.gov.br can help record attempts and responses. The official sources reviewed do not establish a general requirement that every consumer complete a Procon step before assessing the small-claims court. Which channel makes sense depends on the problem, urgency, records, territorial jurisdiction and amount or type of request. A reference number shows that a complaint was registered; it does not by itself prove the order was accepted or that a consumer is entitled to a particular amount.
When to assess the small-claims court
Brazil's Special Civil Courts hear cases within statutory limits and criteria. Law 9,099/1995 sets a general ceiling of forty minimum wages for matters within its jurisdiction and provides that parties may appear without counsel up to twenty minimum wages; above that limit, a lawyer is required. The law also contains other rules on jurisdiction, parties and procedure. Do not use the amount alone to decide whether a case can be filed in that forum.
Before starting a case, organize the respondent's name and address, the offer, payment record, attempt to resolve, reply and the outcome you seek. Check whether the correct company is identified and whether you can show the offer and the failure. If there is a complex dispute about contract formation, multiple companies, fraud, technical evidence or a potentially running deadline, get qualified legal advice before choosing a procedure.
Fictional example: Ana selects a device that the page says is available for delivery. Her bank shows an authorization, but the store sends no order number. Customer support later says there was a stock error. Ana saves the offer, bank record and reply, then asks the store in writing to clarify whether it accepted the purchase and how it will handle an offer it cannot fulfill. If customer service does not resolve the issue, she can compare available administrative channels and assess advice about the small-claims court. These steps do not determine what remedy she will obtain; the documents and facts still need evaluation.
A short checklist before escalating
- Save the offer and what was displayed before checkout.
- Keep authorization, posting, order confirmation and any reversal separate; they are different records.
- Identify the seller, platform and payment provider without assuming they are the same company.
- Send a written request and keep the reply and reference number.
- Distinguish an administrative complaint from a court action and check current requirements for the chosen route.
- Protect personal data and do not post complete payment records in public forums.
- Seek qualified advice promptly if a deadline may be running, the amount is significant, fraud is possible or the correct respondent is unclear.
To put records into a useful sequence, see our guide to case chronology and preparation, our material on organizing documents for litigation, and our Brazil guide to evidence of electronic contracts. If you handle consumer matters and need to structure evidence and next steps, explore Gotham's legal workflows or contact our team.
Official sources consulted: Brazil Consumer Defense Code, updated Chamber of Deputies text; Decree 7,962/2013 on Planalto; Law 9,099/1995, updated Chamber of Deputies text; Procon-SP services; Consumidor.gov.br process; TJSP small-claims courts.
Questions about an online charge with no confirmed order
Does an approved charge prove the order was completed?
Not necessarily. A payment authorization or posting and an order confirmation are different records. Keep both and ask the supplier to confirm in writing whether a contract was formed and what solution it proposes.
Can I choose delivery, an equivalent product or cancellation?
Article 35 of Brazil's Consumer Defense Code provides options when a supplier refuses to comply with an offer. Application depends on the offer, the transaction, the parties and the facts.
Must I wait for Procon to finish before I assess small claims?
The official sources reviewed do not establish a general requirement to finish a Procon complaint before assessing the small-claims court. The appropriate route, jurisdiction and documents depend on the case.
Is there always a 30-day deadline for the store to return the money?
The sources reviewed do not establish a general 30-day refund deadline for every unconfirmed or undelivered order. Separate legal rules, supplier promises, complaint-platform timing and payment-provider processing.
Does the seven-day withdrawal period apply to every undelivered order?
Article 49 addresses withdrawal in certain off-premises transactions. That is distinct from failure to comply with an offer, which may involve Article 35. Check the facts before choosing a legal basis.
This is general information and document organization, not legal advice. Responsibility, remedies and deadlines depend on the facts, records, supplier and applicable law. Check current official sources and seek qualified advice if rights, timing or procedure are uncertain.
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