Charge the most expensive flavor value for half and half pizza, right? Can the company refuse to exchange goods? And give “candy” in the absence of change?
As a company or as a consumer, there are several situations in the commercial relationship that can raise doubts and impasses, many of which are provided for in the well-known Consumer Protection Code .
In addition to answering the three initial questions, we will consider its use and how it should influence or even support consumer relations.
The what is the Consumer Defense Code?
The well-known Consumer Defense Code – often also just called the CDC – is nothing more than Law nº 8.078, on September 11 of 1990, which consists of a set of rules that deal with the most frequent consumer relations and that came into force 180 days after its publication and, therefore, in 1991, still in the government of Fernando Collor.
It was created since the 1988 Constitution established consumer protection as a fundamental right and guarantee of the citizen, since until then any eventual questions These were dealt with under the provisions of the Civil Code.
Since it came into force, the law has undergone changes and received paragraphs that expand the understanding of various aspects that were not specified in the original text.
Basically, the CDC is a set of rules for regulating the purchase of products (eg food and clothing), durable goods (eg automobiles and appliances), as well as the provision of services (eg: health care and insurance plans).
The need to regulate such relationships comes from three main understandings:
- The first is that there are rights and duties of both parties and therefore, despite the name, those who sell also have rights;
- According to the second understanding, customers are the most vulnerable part of the relationship, both because of their possible lack of technical knowledge about the service or product, as well as their economic disadvantage, especially in the case of large companies , which is why in dubious cases, it is customary to privilege the consumer;
- Finally, the third party tries to preserve the consumer of possible losses in the acquisition of products and services.
In terms of daily life, especially in retail , many people must have already seen the code, since since 2010 the Federal Law nº 12.291/2010, determines that all commercial establishments and service providers must keep at least one copy of the CDC.
What is the importance of the CDC for the company?
Naturally, every company – even the smallest ones – needs to know what is provided for in the CDC in terms of rights and duties, to establish a relationship based on legality with its consumers, otherwise and depending on the circumstances, non-compliance can generate fines and even in some cases, imprisonment of up to 2 years, cancellation of the license of f operation and suspension of activities performed.
In addition to keeping within the law, there are other issues that imply a good knowledge of Law 8.078/1990:
- Administration – the administration of the business in terms of standard operating procedures, must consider what the law determines, as there are deadlines and situations that are stipulated in it and that are not met, mean non-compliance;
- Training – training for employees who provide any level of service must include the situations that eventually occur and that are foreseen in it. From what is said and what is done, through the procedures to be adopted when a client invokes any aspect of the law;
- Company policies – company policies must consider full compliance with the law in all its articles and paragraphs and when possible go further, especially aiming at the issue of image before the market and its public, Marketing – the traditional , the digital one and also the relationship one;
- Terms of Service Provision – Terms of Service Provision and Contracts , they must be within the rigor of the law, which is sovereign even if it has the consent and has been signed by the client;
- Systems – systems (software) also need to meet the requirements of the CDC and the situations that eventually occur, as in the case of the system that calculates the value of a pizza order placed through a mobile site or app or even by phone service and that we’ll see soon guir;
- Relationship with suppliers – meeting the consumer’s right often also involves building good relationships with suppliers and that they have the same commitment, because the law determines joint and several liability among the actors in the supply chain.
However, practice shows that many businesses, despite being obliged to keep an accessible and visible copy, do not strictly practice what the Consumer Defense Code determines.
Let us consider the three questions that open this chat of ours.
The correct thing to do when ordering a pizza of two different flavors, the famous half and half pizza, is that the establishment charges for the proportional value, that is, the sum of the divided values for two.
In the case of one that costs R$50.00 and the other R$40.00, the correct amount is R$45.00!
However, it is the practice of the majority to charge for the value of the largest, which violates the stipulated in the CDC and constitutes an abusive practice.
In its article 42, it is established that the consumer who suffers an undue charge, is entitled to receive back the amount paid in double, plus monetary correction and interest legal, except when it occurs by justifiable mistake.
Therefore, in the example if you paid R$ 5.00 more than you should, you should receive R$ 10.00 and if the establishment refuses to to do so, you will be breaking the law and subject to all the penalties provided for.
What about giving “candy” as change? This other very common practice is also illegal, as provided in article 39, items I, V and X of the law.
In such cases, the establishment must round the purchase value down, up to that you have the appropriate change.
As for the third question, the answer varies according to the case, but let’s imagine one of the most typical situations and that is the changeover days that occur after the final parties year and dates such as Mother’s Day.
According to the CDC, as long as there is no defect or vice (easily perceived or hidden), or in other words, the product is in perfect condition, there is no obligation to exchange on the part of the supplier when the sale took place in person.
The exception – known as the right of regret – occurs in impulse purchases made outside the commercial establishment, as in the case of telemarketing, catalogs and in recent years, by online commerce, remembering that at the time of its creation, e-commerce sites did not exist m and not even the Internet was an outline of what it is today.
However, the vast majority of shopkeepers are not opposed to making exchanges and do not usually bureaucratize the procedure.
This brings us to an important point.
The Consumer Defense Code should not be seen as an instrument to punish or grant rights exclusively to customers, which we have even seen that is not true, but to mark a cordial, friendly relationship aimed at the satisfaction of the consumer public.
Even though it is not a right provided for in the CDC, a company does not need – and in some cases should not – restrict itself to it and can have a broader and more flexible commercial policy, as long as it does not violate any of the points provided for therein by going beyond.
Why and when to go beyond the CDC?
As we have seen in the case of exchanges, it is reasonably common for companies to do more than the CDC determines and which is based on the belief that in doing so, they are building a more lasting and cordial with its customers.
There should not be a need for a law to determine what is right, what is correct and ethical, but unfortunately not everyone understands that the consumer has a critical sense and he is able to perceive when a company does him wrong at some level.
Not only complying with all aspects of the code, but going beyond, it is justified by the following aspects:
- Portfolio – companies for which the rights of their clients are non-negotiable and that go even further, tend to lose fewer clients to the competition and have fewer inactive clients and lower churn rates;
- Reputation – in times of social media, reviews on services such as Google Maps, websites complaints, customers now have a voice and, therefore, the treatment that customers receive has become a determining factor in building their digital reputation;
- NPS – Net Promoter Score is a measure of how willing a customer is The entity is to indicate its brand to a friend or relative and that, among many factors, is influenced by how correct a company is in the service provided;
- Operational – the cost and operational infrastructure related to customer service and resulting from problems in consumer relations, also tends to decrease, because POPs (standard operating procedures) are optimized, company policies are oriented to satisfaction, there are fewer impasses to be resolved and legal issues, after-sales more oriented to the next sale than to resolve issues from the previous one, among others;
- Consumption experience – by constituting and guaranteeing a wide range of rights, constraints are avoided and a more satisfactory experience is provided. Even knowing their rights, some customers do not complain and do not claim them, due to embarrassment towards other customers, but they will certainly manifest themselves by going to a competitor that knows how to respect it without having to ask for it.
Thus, whenever a consumption situation occurs, more than trying to find out if the customer is right and if there is a paragraph in the code that supports you, put it on the balance and consider all the factors that we present.
Conclusion
The CDC should not be seen as obligations of the company, but as a minimum to build a fair, lasting and courteous relationship with those she calls a client.
