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Charge the most expensive flavor value for half and half pizza, right? Can the company refuse to exchange goods? And give “smalls” 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 Defense Code.
In addition to answering the three initial questions, we will consider its use and how it should influence or even support consumer relations.
What is the Consumer Protection Code?
The well-known Consumer Defense Code – often also just called the CDC – is nothing more than the Law No. 8078, on September 11, 1990which 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 under the government of Fernando Collor.
It was created once the Constitution of 1988 established consumer protection as a citizen’s fundamental right and guarantee, since until then any eventual issues were dealt with under the terms 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 governing 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 standardize such relationships comes from three main understandings:
- The first is that there are rights and duties on both sides and that’s why, 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, to privilege the consumer;
- Finally, the third party tries to protect the consumer from possible losses in the purchase of products and services.
In terms of everyday life, especially in retail, many people must have already seen the code, since since 2010 the Federal Law No. 12,291/2010determines that all commercial establishments and service providers must keep at least one copy of the CDC in a visible place with free and easy access to consumers.
How important is the CDC to 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, in order 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, revocation of the operating license and suspension of the activities carried out.
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, if not complied with, mean non-compliance;
- Training – the training of employees who provide any level of service, must contemplate the situations that eventually occur and that are foreseen therein. 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 with a view to the issue of image before the market and its audience, Marketing – traditional, digital and also that of relationship;
- Terms of Service Provision – terms of provision of services and contracts 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 comply with what the CDC determines and the situations that eventually occur, as in the case of the system that calculates the value of a pizza order made by a mobile site or app or even by phone service and that we will see soon after;
- Relationship with suppliers – complying with consumer rights often also involves building good relationships with suppliers and ensuring that they have the same commitment, not least because the law determines joint and several liability among the actors in the supply chain.
However, practice shows that many businesses, even being obliged to keep an accessible and visible copy, do not strictly practice what the Consumer Defense Code determines.
Let’s consider the three questions that open this chat of ours.
The correct thing 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 values divided by two.
In the case of one that costs BRL 50.00 and the other BRL 40.00, the correct amount is BRL 45.00!
However, it is the practice of the majority to charge for the highest value, which violates the provisions of 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 legal interest, except when it occurs by justifiable mistake.
Therefore, in the example, if you paid BRL 5.00 more than you should have, you should receive BRL 10.00 and if the establishment refuses to do so, it will be breaking the law and subject to all penalties provided.
And give “jelly” as change? This other 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 amount down, until it has 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 exchange days that occur after the end of the year festivities and dates such as Mother’s Day.
According to the CDC, as long as there is no defect or defect (easily perceived or hidden), or in other words, the product is in perfect condition, there is no obligation for the supplier to exchange it 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 their preparation, e-commerce sites did not exist and not even the Internet was an outline of what it is today.
However, the vast majority of shopkeepers are not opposed to making the 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 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 – be restricted 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 relationship with their customers.
There shouldn’t need to be a law that determines what is right, what is right and ethical, but unfortunately not everyone understands that consumers have a critical sense and are able to perceive when a company does them wrong at some level.
Not only complying with all aspects of the code, but going beyond, is justified by the following aspects:
- Portfolio – companies for which the rights of their customers are non-negotiable and that go even further, tend to lose fewer customers to the competition and have fewer inactive customers and lower churn rates;
- Reputation – in times of social networks, evaluations on services such as Google Maps, complaint sites, customers started to have a voice and therefore, the treatment that customers receive became crucial in building their digital reputation;
- NPS – the Net Promoter Score is a measure of how willing a customer is to recommend your 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, post-sales more oriented to the next sale than to resolve issues from the previous one, among others;
- Consumer 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 express themselves by going to a competitor who knows how to respect them without having to ask for it.
So, whenever a consumer situation happens, more than trying to find out if the customer is right and if there is a paragraph in the code that supports him/her, put it in the balance and consider all the factors that we present.
Conclusion
The CDC should not be seen as a company’s obligations, but as the minimum to build a fair, lasting and courteous relationship with those it calls a customer.
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