Companies should facilitate the access of the customer contracts
This article was translated by an automatic translation system, and was therefore not reviewed by people.
Recruitment of a product or service need not necessarily be on paper, but the conditions of the business should be clear to the consumer. If you require a contract, obligation of the company is providing it.
Even the most organized of consumers outside of lacking in its Pastinha of documents, copies of contracts for some services - especially those set by telephone or the urgency of a promotion, when signing a piece of paper is not always practical applicant. The absence of the contract, however, is not objectionable if the conditions of the business are clear to consumers, and that access to the document is easier when you require it.
"The only requirement of the law is that the consumer receives unequivocally relevant information on the conditions of the business, even if the oral form," says the lawyer and professor at the University Tuiuti of Paraná (UTP) Joe Klein. The rule of good faith, one of the relations of consumption according to the Consumer Defense Code, which states that the treaty agreement between company and consumer must be transparent and informative. "There is no requirement as to written form as a general rule," says Klein. In the opinion of counsel, the possibility of signing agreements by means other than writing the life even easier for consumers.
Since there are doubts or disagreements about the contract or the services offered, however, is the supplier's obligation to facilitate access to the document, which can be done by email, letter or even in the company's website. "The obligation is that consumers are adequately informed about the conditions of the business. If you require a contract, you must have access, "says Klein.
The lawyer points out that often the consumer even has the first track of the contract, such as telephone service or cable TV, when the document is standard for all customers. In such cases, the company deposits the contract in office, which must be informed to the consumer. Klein warns, however, that not enough for these companies leave the document in the office. "The supplier has to make sure that the consumer has access to it. Or the company sends a copy of the contract or verbally inform all conditions. "
What is not informed is not worth
If the supplier fails to report any condition that is on contract and not pass a copy of that document to the customer, the consumer is not obliged to comply with this charge. "The consumer is obligated only for what it knows," says Klein. "If he is not informed that the contract will generate a loyalty, for example, and not have access to the contract, he is not obliged to respect it, because I did not know it existed." The clause of the contract if so, whether makes zero - worse for those not allowed access to it.
Source: Gazeta do Povo
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This article was translated by an automatic translation system, and was therefore not reviewed by people.
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