The celebration of International Consumer Rights Day is a fundamental opportunity to reflect on the interaction between suppliers and consumers, especially in a scenario that is increasingly dynamic and dependent on logistical processes, since, with the growth of digital commerce and the popularization of marketplaces, online shopping has become a daily reality for a large part of the population.
In this context, delivery delays are recurrent and can cause harm to consumers, leading to an increase in complaints and doubts about who should actually be held responsible for these problems.
The Consumer Protection Code (CDC) clearly establishes, in Article 14, the strict liability of the supplier of the product or service. This means that the supplier is liable regardless of fault for damages caused to the consumer due to defects in the provision of the service.
When the manufacturer or retailer hires a carrier to deliver the goods, they integrate it into the supply and distribution chain, thus assuming responsibility for any failures.
However, there are exceptional situations that may exclude this responsibility, such as unforeseeable circumstances or force majeure – as long as the event is unpredictable and unavoidable -, such as floods or natural disasters. However, internal logistical problems, foreseeable strikes, or operational difficulties of the carrier do not normally exclude the supplier’s liability.
These circumstances highlight the relevance of the supplier’s role in the effectiveness of the commercial transaction and in the adoption of measures to mitigate possible negative impacts on the consumer.
In fact, Brazilian case law has reinforced the understanding that suppliers cannot easily avoid liability for losses caused to consumers, even when third parties, such as carriers, are involved in the logistics process. Courts recognize that, when contracting services essential to the business activity, the supplier retains responsibility for the actions of these third parties, ensuring greater legal certainty and reliability in consumer relations.
In the event of significant delays, the consumer has the right to demand immediate delivery, request a full refund of the amount paid or, if there are additional losses, claim compensation for material and moral damages, depending on the specific situation.
Therefore, during the celebration of International Consumer Rights Day, it is essential to highlight that, in Brazil, consumer relations are guided by principles that ensure consumer protection, including in situations of delays and failures in the delivery of products or services.
Although logistical problems may involve third parties, it is the responsibility of the supplier, as the primary party responsible for the consumer relationship, to ensure on-time delivery and offer effective solutions to minimize potential losses to the consumer, as well as prevent disputes that may arise from non-compliance with legal and contractual obligations.
By adopting practices that ensure regularity and effectiveness in the provision of services, the supplier minimizes the risk of litigation, avoiding the imposition of sanctions and the burdens arising from potential disputes in the judicial sphere, which reinforces its commitment to responsibility and transparency in the market.
*Lorena Rodrigues Justiniano de Souza is a lawyer specializing in civil law at Finocchio & Ustra Sociedade de Advogados.
*Eduardo Henrique de Queiroz Silva is an intern in the Civil area from the Finocchio & Ustra Law Firm.
