Clipping of news on Brazilian Culture, Law and Citizenship
10.21.2015
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Many establishments use promotions / settlements to attract more customers. But the fact of selling a product or offering a service at a lower price does not take the vendor's responsibility.
When settlements occur, the supplier must inform all offer conditions, such as duration of the promotion (starting and ending), which products are part of the price to be practiced, etc.
They should also include details on the conditions for exchange of products. Recalling that the establishment is not required to exchange products because of size or consumer tastes, unless they present this option to the consumer.
If showcase or defective parts, it is essential that the provider detailing the possible problems that the product has, since it is the consumer's right to receive this information. Even in this type of marketing is no legal guarantee, 90 days for durable goods (clothes, appliances, electronics, etc.).
It is not sufficient to include clause that says the consumer is acquiring the product in the "state" that is. This term is unfair, that is not valid. Only contractual warranty and extended can be set such conditions.
The supplier is responsible for repairing the defect of any product under the Consumer Protection Code, regardless of how it was marketed. The fact that the product has been acquired in a liquidation or be showcase does not allow the supplier refusing to solve the problem or decline your return.
Importantly, the establishment works with home delivery, the date informed consumer to make this service also part of the supply and must be respected.
The price is wrong, what to do?
There are situations where the promotional price of a product or service was reported incorrectly. In such cases, an erratum should be published on the same vehicle used by the announcement.
If the errata come to the knowledge consumer before the offer or simultaneously to it, so as not to create expectations of consumption, it relieves the offer fulfillment provider, but does not rule out the possibility of the establishment be fined for misleading advertising or noncompliance supply, depending on the individual case analysis.
Recalling further that the establishment must be alert to the display of prices, because if there is information from more than one value for the same product or service should be applied which is more advantageous to the consumer.
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Source: Procon-SP
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This article was translated by an automatic translation system, and was therefore not reviewed by people.