Clipping of news on Brazilian Culture, Law and Citizenship
07/16/2014
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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The current supply of electronic product is eventually accompanied with much information as possible, when it does not have a special graphic design or attractive explanatory videos. In such cases, it is safe to say that the offering of product information (which usually occurs only with an emphasis on the qualities of the same) is to expose arguments purchase and leverage sales.
Article 31 of the Consumer Protection Code states that "the provision and presentation of products or services shall ensure a correct, clear, precise, overt and English language information on its features, quality, quantity, composition, price, guarantee periods validity and origin, among other data, as well as on the risks posed to the health and safety of consumers. "
Decree 7.962/2013, which regulates e-commerce, reinforced the above rule, to establish in its Article 2, section V, the supplier shall make available in a prominent place, the "complete terms of the offering, including arrangements for payment, availability, manner and time of execution of the service or delivery or availability of the product. "It costs remember that the decree does not define "complete terms of the offer," the intelligence of Article 31 of the CRC applies.
Well. The fact is that we often hear of online retailers that we should wait to see if the new rule "will take it or not."
We can cite, for example, the Ordinance of INMETRO No. 333, of 2012, many retailers when instructed to perform it, simply understood by well wait, so if I was sure about the effective enforcement of this standard.
Fact is, many types of product can not be marketed in Brazil regularly without being approved by the National Institute of Metrology, Standardization and Industrial Quality (INMETRO) and provide the seal of said court.
In this sense, the rule requires the vendor of e-commerce to submit information INMETRO seal on all pages where products subject to technical regulations are offered (Law 9.933/1999 and INMETRO 333/2012).
The range of products that require the seal of guarantee varies from school to electrical cables materials, but it is rare to find a shopping site that displays the seal as described in the regulations.
Importantly, INMETRO and fining PROCONs are more active way this year in order to ensure compliance with the above rules. The offense for the absence of the seal of the product on offer, for example, may generate fee ranging from fines to confiscation of goods, as stated in the Law 9.933/1999, article 8, and penalties may be cumulative. The fine can reach a million and a half reals (art. 9).
Moreover, we can cite another example, which is the case of the sale of food. Many portals sell these products offer the consumer any additional information on the offer even if not the photo of the package. Does this procedure notes available to the CDC and the Decree 7.962/2013 regarding the supply of the product? We understand that not and that's where law enforcement becomes a burden that few suppliers wish to take time release information that address the essential characteristics of the product on the website will certainly increase your costs and unfeasible in some cases, the sale of such products are generally low.
Although the Act does not expressly 10.674/2003 oblige the seller to strengthen the warning should set out the food label, it is certain that enforcement bodies, to be an essential product information, which can even cause damage to the health of the consumer, may charge that such information is made available by the site in accordance with CDC and regulation.
Wait to see if the state will enforce new rules or not, it does not seem the most appropriate, especially when it comes to e-commerce for small and medium size because "do not wake sinking liner, but can lead to pique vessels small ".
Source: Ecommerce News
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This article was translated by an automatic translation system, and was therefore not reviewed by people.