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The Ministry of Justice, the four largest portals in the sector in the country totaled , complaints in In the previous year, the number of complaints was , Heroic JeffersonAlexandre Atheniense [Jeferson Heroico] “The so-called disclaimers or terms of use have no legal validity with regard to exemption from liability”, observes Alexandre Atheniense ( photo ), coordinator of the digital law area at Rolim Viotti & Leite Campos Advogados. The stipulation of clauses of this nature is prohibited by article of the CDC. In experts' opinion, however, there are ways for shopping sites to avoid legal headaches. The precautions mainly involve the registration of partners: checking the origin of the advertised discount, the product's complaints history and properly exposing the necessary information about the product to consumers.
In cases of failure, it is worth publishing a clarification note and refunding the money paid to customers. As there is a profit in the transaction, some judges equate collective purchasing sites with Phone Number List stores that offer the product, based on the theory of business risk. “Collective purchasing sites have objective and joint liability for damage resulting from defects in the product or service”, argues Atheniense. For Thiago Vezzi , from Salusse Marangoni Advogados, websites can only be held responsible for the fact of the product — defect or consumer accident that can cause moral and material damage — if the manufacturers or importers are not identified. Part of the jurisprudence recommends the application of this principle also in situations where the merchandise is defective — quantity or quality problem.
Andréa Seco , partner at Almeida Advogados, states that websites can exempt themselves from liability if they prove that the information did not lead the consumer into error and warned about contract risks. Better to prevent Strategies used in other virtual companies can be used on collective purchasing sites. The price comparison portal Buscapé, for example, has improved its supplier registration and problem resolution system. "It is a recommendation that collective purchasing sites not only have a user/consumer service channel, but also preventive tools for legal and administrative demands", says lawyer and vice-president of Buscapé's legal department, Rosely Cruz . Among the advisable measures, according to her, are closer relationships with consumer protection agencies, clarity in the terms of contracts and a good payment proof system.
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發表於 2024-3-12 14:30:13