Clipping of news on Brazilian Culture, Law and Citizenship
02/17/2014
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Debora only had access to the contract when the dishwasher arrived Photo: PHOTO : Marcio Alves
RIO - Nearly four months after the National Council of Private Insurance ( CNSP ) regulate the sale of insurance in Retail , among them the extended warranty , expanding the range of consumer protection , who goes shopping still faces problems with supply this service . Among the principal benefits are provided by the resolution within seven days to give the consumer the contract of insurance , access to general conditions before closing the deal and the option of joining any time during the period of warranty. Such rights , however , are still unknown by buyers , faced with prohibited practices such as discount offer linked to the purchase of the extended warranty.
Luciano Portal Santanna , proprietor of the Superintendence of Private Insurance ( Susep ) , explains that the regulation of CNSP was proposed by the municipality after talks with consumer protection agencies . And points out that rights and duties should be passed to the consumer .
- Cases of noncompliance need to get to Susep , which is the regulator of this market . The consumer must report them so we can act and punish those who do not act correctly - highlights Santanna .
Renata Reis , supervisor of the area of financial affairs of Procon -SP alert not guarantee consumers access to benefits provided by the resolution can be shot in the foot of the insurance market itself :
- To reach customer information to the right of cancellation , the possibility of subsequent purchase and a ban on discount sale tied to allow consumers feel safer and choose to buy the service . There have been advances , but there is still much to do . We must invest in training and supervising , man to man .
Access to the general conditions
Access to contractual conditions is essential to avoid hassles faced by the broker as the ship Debora Correa Varella . In December 2011 , she took a promotion in a online retailer and bought a dishwasher , he knew it would only be installed over a year later, after the period of warranty. So do not hesitate to purchase at the time of purchase online insurance Mapfre extended by two years warranty. She , however , did not have access to the contract at the time of purchase and the document was sent to the washer .
A dishwasher, which only came out of the box last December , worked only twice and crashed . How was ordered by coach sent by the insurer , the client was entitled to compensation , since there was no product on the market for replacement. When contacting the insurer , Debora knew the ceiling of compensation was the invoice .
- I had no idea that the roof was the amount of the invoice and it was impossible to buy a new machine with that amount. Only had access to the general conditions of the contract, when the machine arrived . The document was not handed over to the dishwasher . How would I know ?
After over a month of trading , Debora and the insurer reached a settlement and the insurer raised the amount to be paid to the client. The new machine , however , was bought without extended warranty . Until now only because she knew that insurance does not need to be purchased with the appliance .
Mauricio Galian , CEO of mass insurance Mapfre , says the company always tries to do the best for the client and that each case is unique and , therefore , could be negotiated with Debora . But recognizes that there are problems and that retail sellers need to be better trained .
- We invest heavily in training and emphasize important points about the conditions of the insurance. In addition , we have placed for retailers liability provisions , to strive for the customer satisfied skirt , knowing what and how much you paid hired .
Since October, the consumer can withdraw from the insurance within seven days of purchase. And although the invoice you bought an extended warranty contains this information , it is not passed to the consumer by the sellers , who still make use of practices prohibited by Susep . Besides ostensibly insisting on buying extended even if the client says he has no interest in collateral - implying that not buy it is a bad deal - it is still common link discounts to the sale of insurance and without make this clear to the consumer.
Juliana Barbosa was the Extra Av Maracanã to buy a game for the price I had seen on the website Extra.com : R $ 1,199 . Seeing that the physical store product cost R$ 1,399 Juliana tried to negotiate a discount with the seller , who was adamant and explained that it was not possible to make the same price , they were different companies . But offered a discount on extended warranty . Juliana said she would not and he insisted , saying it would take " for only R$ 10" a service that costs R$ 210. Half unwillingly , she stumbled . In case , however , Juliana was a surprise.
- I found it strange having to pay the guarantee and the product separately. And although the total purchase amount was correct , R$ 1,409 , the note left with different price. Charged at R $ 1,199 and R $ 210 game for the extended warranty . If the seller said he could not give discount on the product , that the note left by the amount I wanted to pay? This is absurd .
The same situation was experienced by architect Roberto Pedreira dos Santos and his partner Daniel Guedes to buy two refrigerators on a branch of Extra Salvador ( BA ) . There, in addition to the invoice of the product have gone under the offered value, and the guarantee was in fact sold with higher price , the seller was even more emphatic .
- He said if I did not buy the extended warranty , the fridge would not sell , because the system does not allow the store . That's illegal , is tying . And the note came with the different values that were offered . And just noticed after paying - Guedes says , adding that no general conditions of the contract have been made or notified that service could be canceled without charge for up to seven days , even the extended warranty could be hired at another time .
The lawyer Janaina Alvarenga , the Association for the Protection and Assistance to Citizenship Rights and Consumer ( Apadic ) , points out that in such cases the consumer has the right to request the correction of bill and refund of the difference paid by the warranty .
- The store can not impose a discount in order to entangle him with the sale of another product . This is bundling . A request for correction of the note and return the money must be made in writing . There is an error of information and inducing the consumer to error - alert.
Evidence of fiscal crime
According to the Department of Finance of the State of Rio de Janeiro ( Sefaz ) , there is evidence of fiscal crime in the issuance of invoice in different from what was offered to the customer value. " If the company actually issue an invoice inidônea way, it is subject to administrative , tax ( fines ) and criminal penalties ," says Sefaz .
Santanna , Susep says that offering discount merchandise to sell the extended warranty is a clear inducement to the insurance contract and prohibited practice .
Source : The Globe - Online
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This article was translated by an automatic translation system, and was therefore not reviewed by people.