The Delegature for Jurisdictional Affairs of the Superintendence of Industry and Commerce, through Judgment No. 4261 of March 26, 2018, decided a consumer protection action in which it emphasized that clothing items on promotion are indeed subject to exchange, based on the Consumer Statute (Law 1480 of 2011), which establishes that all goods are subject to warranty; not only new products, but also used, repaired, remanufactured, or reconditioned products; with the caveat that the legal warranty shall not be enforceable with respect to the imperfection or deterioration accepted by the consumer.
Now then, Article 7 of Law 1480 of 2011 establishes that the legal warranty is the obligation, under the terms of this law, of every producer and/or supplier to answer for the quality, suitability, safety, and the good condition and functioning of the products. To establish liability for breach of the conditions of suitability and quality, it shall suffice to demonstrate the defect of the product.
In the case of the need for a change due to size, this constitutes a defect of suitability of the product, since suitability is the aptitude to satisfy the need or needs for which the product has been produced or marketed, and therefore it is completely viable to request that the warranty of the good be fulfilled. The assumption in which the warranty is denied to the consumer for having acquired a good on promotion constitutes an unjustified imbalance against the consumer, which constitutes a violation of a right that by law corresponds to the consumer.