{"id":1225,"date":"2020-08-31T19:07:07","date_gmt":"2020-08-31T19:07:07","guid":{"rendered":"https:\/\/lantyer.com.br\/?p=1225"},"modified":"2021-05-06T17:46:59","modified_gmt":"2021-05-06T17:46:59","slug":"5-consumer-rights-you-need-to-know","status":"publish","type":"post","link":"https:\/\/lantyer.com.br\/en\/5-consumer-rights-you-need-to-know\/","title":{"rendered":"5 Consumer Rights You Need to Know"},"content":{"rendered":"

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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

That said, we will list here some of the most common consumer rights that everyone should know.<\/p>\n\n\n\n

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CONCEPT<\/strong><\/p>\n\n\n\n

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.<\/p>\n\n\n\n

Understanding who the consumer is in the relationship is important given their vulnerable situation with the supplier of the product or service.<\/p>\n\n\n\n

1. REPENTANCE<\/strong><\/p>\n\n\n\n

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.<\/p>\n\n\n\n

Therefore, any amount eventually paid must be returned in full to the consumer, monetarily updated.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

2.<\/strong> MINIMUM CONSUMPTION<\/strong><\/p>\n\n\n\n

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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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

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).<\/p>\n\n\n\n

3.<\/strong> UNDUE CHARGE<\/strong><\/p>\n\n\n\n

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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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

4. PRODUCT WARRANTY<\/strong><\/p>\n\n\n\n

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.<\/p>\n\n\n\n