Clipping of news on Brazilian Culture, Law and Citizenship
01/04/2013
This article was translated by an automatic translation system, and was therefore not reviewed by people.
By Renato Opice Blum and Caio Cesar Carvalho Lima
On the last day March 15, coinciding with the National Consumer Day, two important decrees were published, dealing with consumer rights and guarantees. The highlight was of predictions about ecommerce.
Decree 7963, besides reinforcing forecasts Defesado Consumer Code (CDC) established the National Consumption and Citizenship, which aims to strengthen the rights of consumers, mitigating the emergence of conflicts, through public policy, elaborated together with the social body and created the National Chamber of Consumer Relations, who will have the task of monitoring the implementation of the plan and make studies and assist in achieving the objectives proposed by the National Observatory of Consumer Relations.
The other diploma mentioned Decree 7962, was also published on the same date and changed the CDC, expressed forecast to bring coverage of the Consumer Code, also for hiring in commerce, and should come into effect from May 14, when it had passed within 60 days of the vacancy norm.
It should be clarified that the electronic contracting is not only that processed the Internet, but also in any other manner that makes use of electronic means such as telephone, ATMs or even acquisitions on television, like buying movies, for example.
Besides reinforcing requirements already brought in CDC, becomes imperative, among others, inform between the contact data so explicit and accessible to all consumers, e-mail address to which consumers should direct their requests, and should be course also the business name, physical address and number CNPJ / CPF vendor.
Becomes mandatory, also, the presentation summary of the contract, prior to hiring, highlighting the limitations of clauses that bring rights and allowing easy access to the full version of it. Still, the supplier must maintain clear and immediate communication with the consumer, stating the receipt of purchase order as well as any other form of contact made, and the maximum period of 5 days to respond to requests.
Regarding the right of repentance, already under CDC contracts made for off-premises (which includes some of the electronic transactions), were also brought specific procedural aspects, with no deep news.
Stand up, too, innovations in relation to collective shopping portals, known to offer lower prices than those charged ordinarily diverse products and services, which must also meet the new regulations, and inform, especially data contact responsible for the site, as well as the suppliers.
Finally, the Decree specifies that electronic commerce apply some of the predictions of Decree 5.903/2006, the articles dealing specifically on how to report the prices of products and services, as well as what may constitute a violation of basic rights of consumers .
It is up to the consumer to verify compliance with these requirements, before any hiring. If you see, for example, sites which have not yet have adapted to the new requirements, it is recommended considerable attention. If you insist on hiring, consumers should protect themselves as much as possible.
As a supplier, it is recommended first detailed analysis of how the current e-commerce platform is ready, checking what needs to be refurbished for you to follow all provisions of the Decree. Of equal importance is the creation of Terms of Use, stipulating clearly the behavior that is expected of the user-consumer, your rights and obligations, disclaimers, among others. It is recommended also that will be clarified as the collection and processing of data on consumers, through a privacy policy. These documents are important not only for portals, but also for applications developed for smartphones or tablets, or even social network profiles that work like ad placement, sales or consumer contact.
In general, the Decrees lend themselves to bring even more confidence to hire those in the electronic environment, providing greater security negotiations without direct contact with the seller, for which there is still some resistance among the population. It is believed that this will contribute to further elevate the electronic contracting, which has been breaking records of numbers with each new survey revealed.
Source: Conjur - Counsel
Source: Procon Campinas
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This article was translated by an automatic translation system, and was therefore not reviewed by people.