Customer shall require repair of defective product
This article was translated by an automatic translation system, and was therefore not reviewed by people.
Analyst language Priscila Cury thought he was making a lasting investment to spend $ 700 on purchase of a headboard. Once the delivery of the product, however, was disappointed: the head came to his house with shoddy finishing, she said. "The fabric is not satisfactorily covered wooden structure, the clips were bent. A heartbreak "sums up. In cases such as Priscilla, which are verified product defects as early as the delivery, it is the obligation of the supplier address them, as required by the Code of Consumer Protection.
"The consumer has 90 days to complain about a defect apparent in a durable good. From the complaint, the company should resolve the problem within 30 days, "explains the lawyer and Master in Law Consumer Ivanise Tratz Martins. It was not what happened to john's to call the shop Sonosul Mattresses, where the head was obtained, the product was collected, but returned two months later and she said even worse than it was. "They handed the head in the middle of a thunderstorm. She arrived soaked, the tissue was stained. I received no ", tells the consumer.
When the delivery time of more than 30 days, the consumer may require replacement by a new product, the return of the amount paid or the reduction in the price - it's in paragraph 1 of Article 18 of the Code of Defense.
The Sonosul Mattresses says that there were no problems in finishing the head. "All the headwaters of this line are in our stores have this same finish," said the store, through a note. The Sonosul also disputes the information that the head has gotten wet, and states that the product was well packaged. "What we think is that when you see the head ready, the client did not like. It would have been much easier to say that he did not like and ask if there was a possibility of exchange. "If similar to Priscilla was the supervisor Regiane Takahashi, client the same store. The bunk acquired broke the first time it was used. The repair was done promptly, but the problem occurred in the return of the product, just over a month later, he came stained and dirty. The Sonosul argues that there was delay in providing the fabric of bunk, and that because of that, the store gave the customer a product basis, the show room.
After a week, the consumer received a new bunkbed.
According to the lawyer Ivanise Martins, the return of the money was right Regiane, who waited more than 30 days to have the bunk bed back. "If the supplier does not meet the deadline, the consumer can go to the Special Court and make a complaint to ask for the money back with interest and inflation, and even plead damage, depending on the case."
Tips
What to note when the product or service contract is defective or of poor quality:
- If the defect is apparent claim within 30 days, counted from the delivery of the product, in the case of perishable goods, or 90 days for durable goods. After this period, the consumer loses the right to complain.
- When the defect is hidden quality, the consumer can claim up to 30 (non-durable goods) or 90 days (durable goods), counted from the detection of the defect.
- The supplier has 30 days to resolve the problem. If not solve, is the consumer's choice of a replacement product, a refund or reduction in the price.
- When you make a complaint, demand proof in writing that your application was made. These vouchers interrupt the running of the 30 or 90 days to complain to the supplier or the courts.
Source: Ivanise Tratz Martins, a lawyer and teacher in Consumer Law
Source: Gazeta do Povo
This article was translated by an automatic translation system, and was therefore not reviewed by people.
Important:
The JurisWay site does not interfere in the work provided by doctrine, why only reflect the opinions, ideas and concepts of their authors.
