Clipping of news on Brazilian Culture, Law and Citizenship
31/03/2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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If it fails to credit or debit transaction, the client can not suffer any embarrassment, like having to give your personal data to ensure payment
All was well until the time to pay the restaurant bill, after having entered the password of the card, the payment is not completed. After other attempts, comes the news: "the card system crashed."
Although the situation is embarrassing, it is common in the daily lives of people. But, when it happens, many people do not know what to do. Even more when the property does not accept other forms of payment such as check or even cash.
According to Article 14:42 of the Consumer Protection Code (CDC), the responsibility for service failure is the commercial site and the card issuer. Thus, the consumer can not be exposed to any kind of embarrassment because of the problem. But it is not uncommon to see traders ask customers to sign a promissory note or inform your personal data in order to ensure that payment will be made.
Idec believes this type of abusive requirement, since the CDC describes the consumer relationship should be guided by the supplier and the consumer good faith. The requirement of manifestly excessive advantage of the consumer is prohibited by Article 4, paragraph III and 51, section IV of consumerist law.
To resolve the issue, the trader can trade other ways. Propose that the customer come back another day to hit what was consumed, or provide a bank account for him to do the deposit the next day can be some alternatives.
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The right to leave without pay is only for cases where the card system becomes unavailable after the consumer is already using the service. If the fault is found before, the trader must inform the client as soon as get to the site. Knowing the failure, the consumer chooses to enter or not, and be responsible about how you will pay the bill.
Source: Idec
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This article was translated by an automatic translation system, and was therefore not reviewed by people.