The celebration of International Consumer Rights Day is a fundamental opportunity to reflect on the interaction between suppliers and consumers, especially in an increasingly dynamic scenario 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 losses to consumers, leading to an increase in complaints and doubts about who should actually be held responsible for these issues.
The Consumer Protection Code (CDC) is clear in its Article 14 by establishing the objective liability of the product or service provider. This means that the provider is liable regardless of fault for damages caused to the consumer due to defects in the service provision.
When the manufacturer or retailer hires a carrier for product delivery, they integrate it into the supply and distribution chain, thus assuming responsibility for any potential failures.
However, there are exceptional situations that may exempt this responsibility, such as cases of fortuitous events or force majeure –provided the event is unforeseeable and unavoidable-, such as floods or natural disasters. Internal logistical issues, predictable strikes, or operational difficulties of the carrier typically do not exempt the supplier from liability.
These circumstances highlight the importance of the supplier’s role in the effectiveness of the commercial transaction and in adopting measures to mitigate potential negative impacts on the consumer.
Moreover, Brazilian jurisprudence has reinforced the understanding that the supplier cannot easily be exempted from liability for damages caused to consumers, even when third parties, such as carriers, are involved in logistics. Courts recognize that by contracting essential services for commercial activity, the supplier retains responsibility for the actions of these third parties, ensuring greater legal security and reliability in consumer relations.
In cases 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 damages, seek 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 issues may involve third parties, it is the supplier’s responsibility, as the main party in the consumer relationship, to ensure delivery within the deadline 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 service provision, the supplier minimizes the risk of litigation, avoiding the imposition of sanctions and the burdens resulting from potential disputes in the judicial sphere, which reinforces their commitment to responsibility and transparency in the market.
*Lorena Rodrigues Justiniano de Souza is a specialist lawyer in the civil law area at Finocchio & Ustra Sociedade de Advogados.
*Eduardo Henrique de Queiroz Silva is an intern in the Civil Law areaat Finocchio & Ustra Sociedade de Advogados.
