Clipping of news on Brazilian Culture, Law and Citizenship
07/11/2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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There is no law obliging, but consumers can defend themselves from abuse
Many people have used Complain HERE to complain about the non-use of the suggested prices on product packaging by supermarkets. A Belo Horizonte consumer, for example, reported that when passing a chocolate in the box, the price was higher than suggested by the manufacturer stamped on the item. In this case, trade is hurting some law? What are the buyer's rights?
First, it is important to know that the suggested price is not mandatory use. There is no rule requiring the trader to use it, giving him freedom in choosing the value of the products. Thus, it is the consumer's discretion and the power of choice to take or not the items and may decide to search prices in other markets.
In Brazil, what counts is free competition guaranteed by Law No. 12.529 / 11, which regulates the CADE (Administrative Council for Economic Defense). Article 36 of the law in question features infringement impose trade, distributors, retailers and representatives resale prices.
It is also considered infringement "to limit, restrain or in any way injure open competition or free enterprise."
How to protect yourself?
Although not the consumer reach using the suggested retail price, there are some ways that he can defend himself at the time of purchase. Article 47 of the Consumer Protection Code says that "contractual clauses will be interpreted more favorably to consumers," and it includes some common situations.
Keep an eye to spend shopping in the box is essential because if the price is different from the shelf, what counts is the lowest. Also, if the supplier refuses to comply with any offer or value informed in advertising, the consumer is entitled to three options, according to Article 35 of the CDC.:
I - require the forced fulfillment of the obligation under the offer, presentation or advertising;
II - accept another product or provide equivalent service;
III - terminate the contract, entitled to restitution possibly anticipated amount, restated, and damages.
Attorney Dori Boucault, consumer rights expert, explained to Complain Here News that a new state law in São Paulo that complements Articles 30 to 35 of the Consumer Protection Code.
"It establishes that the supplier to provide catalog, menu or any offering, physical or virtual, in the area of the establishment or not, aiming to market the product or service, you must indicate the individual price, brand identification, model each item, and the price term of practiced, "he explains.
MSRP price tabulated #
Is there a difference between MSRP and tabelado.Como price already explained, the first is a suggestion of the manufacturer, then the trader is not required to follow the indicated. Already the list price must be respected. It applies, for example, for the sale of cigarettes. In this case the trader is obliged to put up posters with prices in visible places customers.
The legislation states that manufacturers and retailers should have the documentation of delivery and receipt of the table, being the responsibility of the shops post them and keep them visible to the consumer site.
According to Article 220 of Decree No. 7,212 / 2010, manufacturers must ensure that the retail selling price and the date of its entry into force are disclosed to the consumer through information table, identified by the symbol of the manufacturer.
Dori reinforces that "today is almost out of use, but can not sell at different price tabulated." The consumer therefore should require the collection of the tabulated value of the product, nothing more. If the rule is not respected, it is worth looking for a consumer protection agency and, of course, register the case in Claim HERE.
Sources: Procon, CBN, the Franchise Map
Source: Complain Here
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This article was translated by an automatic translation system, and was therefore not reviewed by people.