E-commerce in Brazil reached the impressive mark of R$2012 billion in revenue in 22,5, a nominal growth of 20% compared to 2011, and it is predicted that in 2013 we will reach the mark of 50 million e-consumers in the country according to the most recent study by E-bit.
This universe of 50 million e-consumers is the main target of this change in the consumer protection code, which aims to protect relationships between consumers and e-commerce companies.
As an e-commerce consultant and lawyer, I felt compelled to write a little about the impacts of Decree 7962 to warn entrepreneurs who are not yet aware of this important legislative step, recognizing the importance of e-commerce in the sphere of consumer protection.
Visibility on the website about the company that carries out e-commerce and its products
It is now mandatory not only to clearly state the CNPJ of the e-commerce company with the physical and electronic address, and the point that many who talk about the subject do not discuss is the need for clarity in information about products and payment and delivery conditions.
This provides information with fundamental impacts on the right of withdrawal. Many e-commerce companies avoided making exchanges based on consumers' lack of understanding of the product. With this act, the legislator made clear its intention to always interpret in favor of the consumer when there is a lack of clarity in the information. Therefore, e-commerce companies must be more careful when composing product details, striving to be as complete as possible in their explanations.
Contract Visibility and Terms of Service Use
Regardless of the type of e-commerce, the contract for use of services and purchase of products must be visibly displayed so that the e-consumer can access it at the time of purchase, as well as consult it after making the purchase when they have questions about their rights.
At this point, it's worth highlighting the protective nature of the consumer protection code in interpreting contract clauses, always leaving uncertainty as a point in favor of the consumer.
Group Purchasing is subject to stricter treatment
Group purchases must now provide complete supplier and offer information, just as they are required to provide their own information as set out above. Note that this opens up a space for legal interpretation that has not yet been consolidated. joint and several liability for civil actions against the group buying website supplier, demanding greater care on the part of companies that operate in collective purchasing when selecting suppliers and reviewing their contracts with the e-consumer.
It is worth reminding those unaware that these legal provisions, when not respected, are subject to the application of the provisions of article 56 of the consumer protection code, which, among other penalties, provides for the suspension of the supply of the product or the operation of the establishment for an indefinite period.
