Clipping of news on Brazilian Culture, Law and Citizenship
05/04/2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Samsung Electronics Amazonia Ltda. It was ordered to pay compensation for moral and material damages the consumer that bought mobile device that is not effectively showed waterproof.
The author reports that four months of use, after taking pictures underwater, the unit began to malfunction. Thus, it was sent in for service twice, but continued to show defects after being used in the pool again.
Samsung, in turn, pointed exclusive blame for the consumer by "misuse" of the product.
However, the rapporteur judge Law José Augusto da Silva Cunha Fontes, of the 2nd class of Appeals Special Courts AC noted that the technical report has not demonstrated that the defect occurred misuse.
"The conclusion of the report that the phone had contact with excessive moisture does not result in blaming the consumer, provided that the acquired unit was widely advertised as waterproof, for use in swimming pools and the like. Therefore, it was not fit for this use, the amount paid must be repaid, with interest and inflation, while at the same time, the phone will be delivered to the party complained against, its authorized agents. "
The judge partially granted the appeal only to reduce the amount of compensation of R$ 4,000 to R$ 2,000. The compensation for damage to property was maintained at R$ 2.4000.
Source: Crumbs
Source: Procon-SP
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This article was translated by an automatic translation system, and was therefore not reviewed by people.