Consumer relations are present in our lives all the time, from when we go to the cinema, the supermarket, the restaurant, to when we subscribe to a service, be it banking, internet, cell phone plan, car maintenance, streaming or car insurance.
Understanding our rights is essential to avoid problems and prevent us from being misled for any reason. Therefore, having full knowledge of them means being in control of our actions, enabling greater autonomy.
That said, we will list here some of the most common consumer rights that everyone should know.
CONCEPT
Initially, it should be noted that a consumer is any individual or legal entity who acquires or uses a product or service as the final recipient. A consumer is someone who acquires a service or product with the intention of consuming it, without any profit motive.
Understanding who the consumer is in the relationship is important given their vulnerable situation with the supplier of the product or service.
1. REPENTANCE
The Consumer Protection Code, in its art. 49, establishes the consumer's right to withdraw, to regret the purchase of the product or service, within 7 days, from the date of signing the consumer contract or receiving the good or service, whenever the contracting takes place outside the commercial establishment, whether by telephone or at home.
Therefore, any amount eventually paid must be returned in full to the consumer, monetarily updated.
In this regard, online purchases, which are extremely common today, guarantee the consumer the right to cancel their purchase within 7 days of receiving the product or service. Of course, each case must be considered on its own merits.
2. MINIMUM CONSUMPTION
You've probably been to a restaurant or bar that charged customers a minimum or mandatory consumption fee. This consists of a minimum fee, set by the establishment itself, that customers must pay upon entry.
This is an abusive measure practiced by some establishments, as the supplier cannot dictate to the consumer how much to spend, and a fine may be applied in these cases.
If the establishment, despite being warned, insists on charging the minimum consumption, demand that the minimum consumption be included on the invoice. With this proof, you can seek compensation for moral and material damages, as well as file a complaint with your city's Consumer Protection Agency (Procon).
3. UNDUE CHARGE
A Consumer who has been charged unduly will be entitled to a refund of up to twice the amount overpaid, except in the case of a justifiable error, as per the sole paragraph of Article 42 of the Consumer Protection Code.
Therefore, for the application of art. 42 of the CDC, it is necessary that there is a consumer relationship between the parties, that the consumer pays this undue amount and that there is no justifiable mistake by the creditor.
This undue charge usually occurs when the product or service provider sends the consumer a non-existent or already paid debt. Even in cases where the charge is legitimate, if the establishment places the customer in a humiliating situation that undermines their image and honor, the offended party may be entitled to compensation.
4. PRODUCT WARRANTY
The Consumer Protection Code (CDC) establishes three types of guarantee regarding the durability, quality and efficiency of the product or service: legal, contractual and extended guarantee.
the) LEGAL GUARANTEE
This guarantee is provided for in Article 26 of the Consumer Protection Code, is mandatory, applicable regardless of contractual provisions at the time of purchase, and cannot be waived by the will of the parties.
For non-durable products or services, such as perishable foods, there is a 30-day warranty period for the consumer to complain about possible defects. For durable goods or services, such as a TV or cell phone, there is a 90-day period for the consumer to complain about potential defects.
This period starts from the receipt of the product or the completion of the services provided, so it is very important for the consumer to be aware of this.
It is worth noting that for hidden defects in the product or service, which would not be easily detected, we will have the same deadlines as for durable and non-durable products, counting from the moment their existence becomes evident, taking into account the useful life of the product.
The manufacturer and suppliers of the product will have a maximum period of 30 days to remedy the defect reported by the consumer. In the event of noncompliance, the consumer may alternatively demand:
– Replacement of the product with another of the same type, in perfect condition for use;
– Immediate refund of the amount paid, monetarily updated, without prejudice to any losses and damages;
– The proportional reduction in the price.
b) CONTRACTUAL WARRANTY
The supplier or manufacturer optionally adds an additional warranty at the time of sale of the product or service, with terms and conditions stipulated by them in the contract.
Article 50 of the Consumer Protection Code stipulates that the contractual guarantee supplements the legal guarantee. In other words, the terms will be added together. The legal term will begin after the end of the contractual guarantee term, so it's important to be aware of this.
w) EXTENDED WARRANTY
Extended warranties are a common practice in retail, offering an additional service, for a fee, to extend the warranty period on a product or service. However, the Consumer Protection Code (CDC) already provides for a warranty for hidden defects during the useful life of the product, so there is no advantage in purchasing this type of service.
5. ARTISTIC COVER
The couvert is the fee charged individually to customers by establishments for providing shows, artistic performances, and live music. It is a legal charge, provided the consumer is given clear, accurate, and prior information, and the amount is proportionate and reasonable.
Art. 6 The basic rights of the consumer are:
(…)
III – adequate and clear information about the different products and services, with correct specification of quantity, characteristics, composition, quality, applicable taxes and price, as well as the risks they present;
Shows and games shown on a big screen, as well as background music, do not qualify for a cover charge. If you are charged in these cases, you will be entitled to a refund.
REFERENCES
BRAZIL. Law No. 8,078 of September 11, 1990. Consumer Protection Code. Provides for consumer protection and other measures. Available at: http://www.planalto.gov.br/ccivil_03/Leis/L8078.html
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