Clipping of news on Brazilian Culture, Law and Citizenship
01/18/2013
This article was translated by an automatic translation system, and was therefore not reviewed by people.
The beginning of the year is a time marked by decisions. In January, many people decide to finally start doing exercises and enrolls in the academy. Others decide that the time has come to improve their English and run to the nearest school.
Making decisions like these on impulse, however, can result in headaches later. If the commitment is not carried out, the consumer will have to deal with bureaucracy and fines.
ACADEMY - The gyms usually charge a fine of whom quit attending classes. Experts on consumer rights, this charge is legal, but depending on the value, can be questioned. For Protest coordinator, Maria Ines Dolci, the fine may not exceed 10% of the amount paid by the consumer
ENGLISH COURSE - The rule for withdrawal of English courses is the same is true for the gym: the school may charge a fine. But, if the contract does not bring clear information about that penalty or if the service leave to be desired, the student has the right to withdraw without paying anything
COLLEGE - When it comes to higher education, the most common is the student withdraw before classes begin, because paid tryout for more than one institution at the same time. In this case, the registration must be returned, but the college may retain a portion of the amount to defray administrative expenses
SIGNATURE OF MAGAZINE - Publishers of newspapers and magazines may also charge penalty to give the consumer the signature, if this is provided for in the contract. "You can only cancel the contract without penalty if the information has not been provided to the consumer," says Marta Aur, Procon-SP
BUY ONLINE - For purchases made through remote (Internet, telephone or catalog, for example), the law says consumers can cancel for any reason, within seven calendar days. If you withdraw from the purchase, he should get back all the money I paid, including freight
PURCHASE OF PROPERTY IN PLANT - Who buys a property at a sales booth usually gives a sign to secure your business. The common in these cases is that the builder gives a deadline of seven days to make the deposit. "It's important to have a document explaining the conditions," says Marta Aur, Procon-SP
PURCHASE OF VEHICLE - If the consumer goes to a dealership and reserve a vehicle, that does not mean that it will compulsorily purchase it. If a signal has been given, however, as in the case of construction, the common is that the company give a deadline for making your deposit. This practice is not illegal
In general, what is true in courses like these is what is in the contract. And usually, the contracts say that consumers who quit in the middle of the course will have to pay a fine. "But that penalty can not be abused," says the coordinator of institutional consumer association Protest, Maria Ines Dolci.
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There is, in law, a clear definition of what can be considered "abusive" in these cases. For a lawyer, it is reasonable that the fine shall not exceed 10% of the amount paid by the consumer until the time of withdrawal.
Bad service delivery frees consumers of fine
If the contract does not bring clear information about that penalty or if the service leave to be desired, the student has the right to withdraw from the course without paying anything.
Case he would attend a course in which the teacher lacks much. "In any situation, not just simply stop paying," says the technical adviser of Procon São Paulo Aur Marta. "We need to formalize the cancellation in writing."
The rules are similar when it comes to higher education. In such cases, the most common is the student withdraw before classes begin, because usually paid tryout for more than one institution at the same time.
The coordinator of Protest, Maria Ines Dolci says that in situations like this, the registration must be returned. "But college can retain some of the value to cover administrative costs, which must be proven," he says.
If the withdrawal occurs after the upper classes have already begun, the consumer will lose the registration, but is entitled to receive back a portion of the tuition paid.
Companies give deadline for filing signal
Likewise, give up as a subscription service for magazines, for example, can result in a fine if it is provided for in the contract. "You can only cancel the contract without penalty if the information has not been provided to the consumer," says Marta Aur, Procon-SP.
Already in situations such as buying a property in the plant or to reserve a car at the dealership, it agreed with the company. Generally, even if the consumer gives a signal to ensure the well, companies give a deadline for depositing the amount.
"When consumers decide to purchase a property at a sales booth, for example, usually has a term of up to seven days to withdraw before the signal is filed.'s Important that he has in hand a document explaining how it works," says Marta Aur, Procon-SP.
Buying over the internet entitles withdrawal without penalty
In at least one kind of purchase the law is clear when it says that the consumer can withdraw without charge: one done by remote, which can be internet, telephone or catalog, for example.
Article 49 of the Code of Consumer Affairs gives the customer, in this case, the right of repentance. How he did not see the product before buying it, you can withdraw from the purchase within seven calendar days after receipt.
Source: Site Uol - Economy
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This article was translated by an automatic translation system, and was therefore not reviewed by people.