Clipping of news on Brazilian Culture, Law and Citizenship
08.25.2015
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Whose responsibility is it when a purchase can not be completed on the credit or debit card?
Whose responsibility is it when a purchase can not be completed on the credit or debit card? The operator of the card, the establishment or the user?
Difficult issue to reach a conclusion because the response may vary according to the situation.
Brazilian law provides guarantees to the consumer and the merchant, so it takes much care and thoroughness to enact a culprit in the case.
Exercise caution and be supported in some way, is both a payment alternative in the consumer case, as a second machine for reading cards if the dealer can be a quick solution to these situations.
Understand more and know their rights in the comments below expert.
by Marco Quintarelli
QUESTION AND ANSWER
I bought a snack and in time to pay, the card network fell. I returned the snack because I was without cash. Then a colleague told me that the store had to be given to me for free because the responsibility was theirs. After all, I had this right? What if instead of snack was an appliance? Whose fault is it anyway?
Luiz Felipe Abolition
Debit and credit cards are convenient tools for the consumer and for the establishment. Although establishing "pay" for this service, even so, it benefits by the increased flow it generates to your business.
If you wanted to buy but could not take his good, even if the fault is not the establishment because the card service system crashed, might even be considered an abuse by the establishment that somehow refused to accept his payment.
Consumer Protection Code (CDC) defines it in his art. 39, IX says: refuse the sale of goods or the provision of services directly to whomever is willing to purchase them against prompt payment (...). However, the Brazilian Civil Code, in its art.315 says no establishment is obliged to accept any form of payment other than cash. Of course, the establishment that accepts other type of payment, such as debit cards, credit or checks, in theory, it would be normal to establish a criterion for acceptance of these, since the law does not impose the rules.
The refusal of the card as payment can not be considered illegal and there is no legal provision to impose its fiat, reason for which its receipt is mere liberality marketer.
In your case, if not confirmed the payment, I do not see how the establishment is obliged to give you the snack without charge.
In a more complex situation, such as when the acquisition of high value-added goods, the consumer can use the Procon as the basis for your complaint and to file a lawsuit against the establishment.
Marco Quintarelli is a consultant of the AZO Group. Monday, Contests tips
Source: The Day
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This article was translated by an automatic translation system, and was therefore not reviewed by people.