Clipping of news on Brazilian Culture, Law and Citizenship
09/09/2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Article 39 of the Consumer Protection Code defines the practice of selling married
Art: Aline Pasquali | Complain here
In August, a consumer in São Paulo noticed that there were three installments in the amount of R$ 29.90 charged to her bank account. "When it was in September I went to look at my statement where I identified the amount discounted," the accountant reported in a complaint in the Complaint HERE.
But her problem can be solved. By law, when a consumer is charged for any service without requesting after the purchase of a product or contracting service is considered a married sale. Some cases fall under the so-called in-built sale. Both are illegal, both under the Consumer Defense Code and the Civil Code. Do not accept this imposition. Speak to the manager of the establishment and if you are still denied buying the product or contracting the service in isolation, report it!
In this week's special, the Complaint HERE News has separated everything that is important to know about one of the most claimed issues in the Complaint HERE. Through questions and answers, we have prepared a real guide to help the consumer not fall into the pitfalls of undue charges.
What is a married sale?
First, let's understand what a married sale is. It is a practice - unfortunately common - that companies practice when selling a conditioned product to another. That is, you buy something in the condition that you take another, without justification.
This is an abusive practice under the Consumer Defense Code (CDC) and must be refused by the consumer. The CDC predicts that the consumer has the freedom to choose what he wants to consume and, with that, he can buy or contract what he wants and what he wants.
Examples of married sales
Product stranded
There are many types of married sales in all sectors of the trade. A good example is when a service that is stranded or unprofitable for the company is offered in a package along with the service that is requested by the customer. It is an abusive and illegal practice, but in this case the client is aware of the situation.
Property financing
In a judgment in 2008, the Third Panel of the Superior Court of Justice (STJ) considered that the consumer is not obliged to purchase housing insurance from the same entity that finances the property or by an insurer indicated by it, even if this insurance is required By law in the Housing Finance System.
Credit cards
It is a married sale to condition the concession of credit cards to the contracting of insurance and capitalization bonds. In one case reviewed by the STJ, a company representative of department stores included portions of a capitalization title in the monthly invoices of the clients. The store claimed that the security was a guarantee, in the form of a commercial pledge, of the payment of the debt contracted with the card. However, the court understood the practice as abusive.
Popcorn in the cinema
Did you know that moviegoers are not required to consume only the company's products sold at the entrance to the projection rooms? A case in 2007 fined a company for practicing the married sale by allowing only products purchased on its premises to be consumed during the exhibits. Thus the Court held that the citizen can take from home or buy from another supplier popcorn or treats.
Children's snacks
In 2010, the court ruled that federal civil court proceedings against the Bob's, McDonald's and Burger King chains should be held in federal court over a married sale of fast-food toys and snacks.
Car insurance
Imagine that you want to buy a car and, at the dealership, inform that it is only possible to acquire the vehicle if you also take insurance. This would be a typical case of "married sale" - which means conditioning the purchase of one product or service to the purchase of another, without the technical need for it.
Bank account
Another very common case is finding a married sale in bank accounts. Adding a credit card when opening a bank account is a good example.
Hire "partner" companies
It is also considered a married sale when a supplier imposes the contracting of other products or services of "partner" companies. For example, an event company that requires that the buffet or party band be the one indicated by it; Or when an educational establishment determines the place for the purchase of uniform or school supplies.
Single weekly ticket
A case that has happened in Cuiabá, Mato Grosso, is under investigation. Public transit users are using social networks to protest against the so-called "married sale" of the bus ticket. The complaint is due to the consumer's lack of option to buy only one ticket, which costs R$ 3.60. In place, the "carrier card", which costs R$ 7.20, is being marketed.
The clash began after companies complied with a recommendation by the state prosecutor's office (MPE) to suspend the sale of the "simple card" - which does not integrate in August.
The marketing of the card was in disagreement with the regulation of the service, which requires that all cards integrate.
Users complain that, since the suspension of marketing, they no longer have the option to buy just one ticket to board the collective, having to buy a "carrier card", classifying the measure as a married sale. That is, if the person does not have a card and only has R$ 3.60 in his pocket, he will not be able to board.
Why is marketeering illegal?
Article 39 of the CRC is clear when it is considered that "It is forbidden to the supplier of products or services, to condition the supply of product or service to the supply of another product or service, and, without just cause, quantitative limits."
The practice is also a crime against consumer relations by the Penal Code, provided for by Law 12299/2011. Law No. 8,137 / 90, article 5, II, III typified this practice as a crime, with detention sentences for offenders ranging from 2 to 5 years or fine.
The practice of selling married is configured whenever someone conditions, subordinates or subjects the sale of a good or use of a service to the acquisition of another good or the use of a particular service.
In addition, Central Bank Resolution 2878/01 (amended by No. 2892/01), article 17, states that "it is prohibited to contract any operations conditioned or linked to the performance of other operations or to the acquisition of other goods and services ".
What is Embedded Sales?
Selling a service built into the purchase is also an abusive and illegal practice because there is a lack of transparency in the supplier-consumer process, violating the consumer's right to access clear and accurate information. The act of deceiving the consumer is contrary to the nature of the Consumer Protection Code, also by Article 39.
What to do?
When making a purchase or contracting service, the consumer should be attentive to the seller's speech, read the contract well and discriminate the values and when passing in the cashier see what is broken down in the invoice (because there has to be a tax coupon for The product and the service) and pay attention if no separate contract was signed because the extended warranty provides for this.
You were charged, now what?
Upon becoming aware of the collection of a service that has not contracted, the consumer should seek the company and ask for cancellation. If the company refuses to cancel, make a complaint on the Complaint HERE!
The correct is to return / refund the amount paid, in case of debit occurred, and cancel the service. If no charge was made, redo the sale excluding the non-contracted service. All this without any detriment to the consumer.
Source: Claim Here
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This article was translated by an automatic translation system, and was therefore not reviewed by people.