The celebration of International Consumer Day is a fundamental opportunity to reflect on the interaction between suppliers and consumers, especially in the face of an increasingly dynamic scenario dependent on logistical processes, since,with the growth of digital commerce and the popularization of marketplaces, online shopping has become a daily reality for a large part of the population.
In this context, delivery delays are recurring and can cause losses to consumers, leading to an increase in complaints and doubt about who, in fact, must be held accountable for these problems.
The Consumer Protection Code (CPC) is clear in its article 14 by establishing the objective responsibility of the supplier of the product or service. This means that the supplier is liable regardless of the existence of fault for damages caused to the consumer due to defects in the provision of the service.
When the manufacturer or merchant hires a carrier for the delivery of the goods, he integrates it into the supply and distribution chain, assuming, thus, the responsibility for any potential failures.
However, there are exceptional situations that can remove this responsibility, as fortuitous events or force majeure – as long as the event is unpredictable and unavoidable -, such as floods or natural disasters. Already internal logistical problems, predictable strikes or operational difficulties of the carrier do not normally exclude the supplier's liability.
These circumstances highlight the relevance of the supplier's role in the effectiveness of the commercial transaction and in taking measures to mitigate possible negative impacts on the consumer.
By the way, Brazilian jurisprudence has reinforced the understanding that the supplier cannot easily evade responsibility for the damages caused to consumers, even when third parties, as carriers, are involved in logistics. The Courts recognize that, when hiring essential services for commercial activity, the supplier maintains responsibility for the actions of these third parties, ensuring greater legal security and reliability in consumer relations.
In the face of significant delays, the consumer has the right to demand immediate delivery, request a full refund of the amount paid or, if there are additional losses, claim compensation for material and moral damages, according to the concrete situation.
Therefore, during the celebration of International Consumer Day, it is essential to highlight that, in Brazil, consumer relations are guided by principles that ensure the protection of the consumer, including in situations of delays and failures in the delivery of products or services.
Although logistical problems may involve third parties, it is up to the supplier, as the main responsible party in the consumer relationship, ensure delivery within the deadline and provide effective solutions to minimize potential losses to the consumer, as well as to prevent controversies that may arise from the breach of legal and contractual obligations.
By adopting practices that ensure the regularity and effectiveness in the provision of services, the supplier minimizes the risks of litigation, avoiding the imposition of sanctions and the burdens arising from any disputes in the judicial sphere, what reinforces your commitment to responsibility and transparency in the market.
Lorena Rodrigues Justiniano de Souza is a lawyer specializing in the civil area of the law firm Finocchio & Ustra Sociedade de Advogados.
Eduardo Henrique de Queiroz Silva is an intern in the Civil areaof the law firm Finocchio & Ustra Attorneys at Law.
