In other situations, shipping is by post and it is not uncommon for losses to occur. In fact, during the pandemic, with the increase in purchases on digital channels, complaints about undelivered goods increased, according to Protest. If it is a shipment between two individuals, it is the Post Office that has to make the reimbursement “In the case of deliveries by the post office, there are two different types of situations. If it is a shipment between two individuals, it is the post office that has to make the reimbursement. But, when it comes to goods purchased from legal entities, the company that sold and committed to deliver who is responsible “, explains Henrique Lian, Institutional Relations director at Proteste. According to him, the store could choose other shipping methods, such as through a carrier. If the goods were lost by the Post Office, the seller must return the amount paid by the consumer. “The Post Office is the supplier of the store, not the consumer who bought it through e-commerce. The store, in turn, can file a lawsuit against the Post Office,” he says.
With the delay, how is the right of repentance?
When the product is purchased outside the commercial establishment, for example in an online channel, the Consumer Protection Code (CDC), in its article 49, gives the person who has purchased the right to demand the exchange or cancellation of purchase in the within seven days, counting from the signing of the contract or receipt of the product. In addition, it is worth mentioning that, on online purchases, it is possible to make the exchange or withdraw within this period, without presenting any justification. If the merchandise does not arrive within this seven-day period, the consumer may withdraw from the purchase and ask for the money back If the individual considers that he has suffered some moral damage (such as a gift bought in advance and that would be given to a child on his birthday), he can still file an action to repair this damage. It is important to explain that, in case of reimbursement of the amount paid, the CDC does not provide that the return is only in cash. But if the purchase was made in cash or card and the consumer wants the return in this way, the seller must return it by the same means. Only if there is consumer interest, the store can offer a credit for a new purchase.
