Clipping of news on Brazilian Culture, Law and Citizenship
12/2/2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Keep an eye on prices, form of payment, packaging information and contracts
? Christmas is perhaps one of the only holidays where consumers go shopping to give away the whole family. According to a survey conducted by the Credit Protection Service (SPC Brazil) and the National Confederation of Shopkeepers (CNDL), this year the children will be the most pleased with gifts, followed by husbands or wives, mothers, siblings, nephews, boyfriends And grooms, and fathers.
The most coveted products, that is, what consumers intend to buy to offer to their loved ones are clothing, toys, shoes, perfumes and cosmetics, accessories - such as handbags, belts and jewelry - smarthphones and books.
"However, before entering the store and opening the wallet, it is necessary to take care that the consumer does not have their rights violated," says the lawyer specializing in consumer law at Posocco & Associados Advogados and Consultores, Fabricio Sicchierolli Posocco.
Therefore, we asked the lawyer to list 10 rights contained in Law 8078/90, known as the Consumer Protection Code (CDC). Following:
1 Different prices
When passing the box in physical store or confirm the payment in virtual store, the consumer should check if the price is the same as advertised. It is the supplier's duty to meet the price displayed on the shelves and in the advertisements, pursuant to article 30 of the CDC.
2 Purchase with check or credit card
The business establishment is not required to accept payments by check or card. However, if it is not accepted, it must inform the consumer in a clear, visible and ostentatious way, to avoid doubt or embarrassment.
3 Total amount payable, with and without financing
Article 52 of the CDC shows that in forward purchases, the supplier must inform the consumer about the spot price and all interest rates and contract costs.
4 Packaging and manual in Portuguese
The offer and presentation of products or services must ensure correct, clear, precise, ostensive and in Portuguese language information. Therefore, packaging and manual should bring data about the characteristics, qualities, quantity, composition, price, warranty, shelf life and origin. This is in article 31 of the CDC.
5 Indicative age
Article 8 of the CRC addresses health and safety protection. Therefore, the product can not offer risks, especially for children and the elderly. The consumer must pay attention to the information, the Inmetro seal of conformity and the age indicated for children, in case of a toy.
6 Nota Fiscal
The invoice is proof of the conditions of the purchase. It is important in cases of exchange or repair of the product. For example, clothes are the most rated gifts for this Christmas. Try to save the invoice at least until the first wash, as it is usually at that point that the problems appear.
7 Product exchange
If the product is not defective, the supplier is not obliged to change it only because the consumer did not like the color, the model or the size. Therefore, always ask the seller if there is a changeover deadline for the product you want to buy.
If the product is defective, article 18 of the CDC is clear: the problem must be solved by the supplier within 30 days. After this date, the consumer chooses to either: replace the product with another of the same species; Cancel the purchase and receive the money back; Ask for a reduction in price and stick with the imperfect product. If it is an essential product such as stove, refrigerator, medicine and food, exchanging the product for a new one or the money back should be done right away.
8 Repentance
If the consumer purchases via internet, telephone, catalog or home, he may withdraw from the contract and ask for the money back within seven days of signing or receiving the product or service, pursuant to Article 49 CDC. The right of repentance is valid for any product or service even without defect. The costs of the return are from the seller.
9 Contractual protection
If the contract of adhesion of a product or service brings unfair terms in accordance with the guidelines of code 51 of the CDC they can be canceled without prejudice to the consumer.
10 Indemnification
According to article 6 of the CDC, basic consumer rights have access to judicial and administrative bodies with a view to preventing or redressing individual, collective or diffuse personal and moral damages. Therefore, if the consumer feels injured, even after seeking an understanding with the supplier or the company that manufactures the product, he may request his rights through competent bodies such as Procon, Public Defender, OAB, Public Prosecutor's Office or a lawyer Of their trust.
About Posocco & Associados - Lawyers and Consultants
Posocco & Associados - Advogados y Consultores is a highly qualified, dynamic and specialized full service law firm. It was founded in 1999 to give voice to society and guarantee its rights. Serves the whole of Brazil, through units in Baixada Santista, São Paulo and Brasília, and correspondents established in several cities of the country. For more information call (13) 3467-1149, (11) 3373-7174, (61) 3226-8215 or write to contato@posocco.com.br. Learn more at www.posocco.com.br.
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This article was translated by an automatic translation system, and was therefore not reviewed by people.