The care that e-commerce should take when selling its products and services

Electronic commerce is completely embedded in the Brazilian reality. Either because of the facilitative proposition it represents or because of external events, such as the pandemic, which forced people to distance themselves, to the point of reinforcing its importance.

Faced with this new scenario, commercial practices have taken on new contours, thus requiring a reinterpretation of a new way of doing business, both for consumers and suppliers.

In this article, we will stick to the care that e-commerce must have when offering products or services, virtually. In addition, thinking about the best understanding of the reader, we decided to structure the article in the main topics that include the topic, always in the light of the Consumer Protection Code.

Deadline: The CDC is not clear about the deadline for shipping the product. However, it requires that the consumer has the right to all information related to the product and service at the time of purchase.

So, it is up to the store to determine the delivery deadline itself before finalizing the order.

The right to repent: In electronic commerce, unlike physical commerce, the Consumer Protection Code in its art. 49 gives the buyer a period of seven days to withdraw from the contract, either from the moment of signing, or upon receipt of the product or service.

In view of the above, the merchant has the obligation to refund the amount paid by the customer, without the customer having to explain the reasons that were the reason for abandoning the purchase.

Finally, it is worth mentioning that stores, in general, cannot refuse to return a product if it is not sealed or with damaged packaging, as the law notes, the right to appeal belongs to the goods themselves, not to the packaging or packaging. box.

Product replacement methods: What is not particularly interesting to retailers, but often occurs, given that the customer buys without physical contact with the product, is the return of the product.

Although the situation appears to be negative, this moment could prove to be a form of customer loyalty, ensuring a good experience and acting in accordance with the law.

With the right to repent, virtual stores are obliged to replace defective products, as shown in art. 18 and 26 of the CPC The deadline for submitting this request is organized as follows:

• 30 days for non-durable products.
• 90 days for permanent products.

Such information, however, leads us to understand that the e-commerce is not responsible for exchanging products due to dissatisfaction with the color or size, for example. His liability falls only on factory defects or possible damage caused during transport.

Changing registration information on the website: With the introduction of the LGPD (General Data Protection Act), the handling of personal data of customers and users took on new dimensions.

In particular, in connection with customer registration and its possible change, stores must clearly state the reason for the need to carry out registration. Typically, the operation is necessary to prevent fraud.

Therefore, when you request to change or even update the registration information, you need to explain the reasons to the customer.

Confidentiality of personal data: According to the LGPD, all information that can identify a person, such as religion, ethnicity and the like, is considered personal and must be obtained and stored with the express consent of the user.

Similarly, LGPD understands that if a customer wishes to remove their information from a store’s database, they can request this immediately. Therefore, in order to meet legal requirements, e-commerce must have effective mechanisms for fast and transparent removal of data, upon request.

Delivery delay and product error: Although there is no deadline for the goods to arrive at the customer’s address, common sense must always be present.

If the delivery exceeds the expected arrival time or the product is wrong, in both cases, the store is responsible for the incident, because the failure is considered a breach of the supplier’s offer, in light of Art. 35 CDC.

As a result, the customer has three options:

• Require forced compliance with delivery.
• Accept the same product as purchased, when out of stock.
• Request a refund of the amount paid, plus shipping and credit at the time of the request.

Issuance of invoices: In the case of invoices, Federal Law 8.846/94 requires e-shops to issue invoices, regardless of the price of the goods. Such a document serves as proof to stores that the product or service was bought or sold for the agreed value.

Furthermore, the account guarantees security and convenience for the merchant, who will be able to prove all the negotiations with the customer before the Tax Administration and other supervisory authorities, if necessary.

Information about products and services: Art. 6. III. Another basic right of the CPC is to understand all available information about the offered product or service.

Among the list of requirements are:

• Accurate quantity specification.
• Features.
• Composition.
• Quality.
• Incidental taxes.
• Price.
• The risks they represent.

Therefore, since it is a requirement, suppliers must meet it in general, even if the store is physical.

Ultimately, the proposal presented in this article aims to clarify the key points that the entire range of digital commerce should pay attention to in order to grow your business with excellence and within the legal parameters.