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, delays in delivery 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 Defense Code (CDC) is clear in its article 14 in establishing 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 exempt this responsibility, such as unforeseeable circumstances or force majeure –as long as the event is unpredictable and unavoidable-, such as floods or natural disasters. Internal logistical problems, predictable strikes, or operational difficulties of the carrier usually do not exclude the supplier's responsibility.
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.
Moreover, Brazilian jurisprudence has reinforced the understanding that the supplier cannot easily exempt itself from responsibility for damages caused to consumers, even when third parties, such as carriers, are involved in logistics. The Courts recognize that, when contracting essential services for commercial activity, the supplier remains responsible 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 up to the supplier, as the main party responsible in the consumer relationship, to ensure delivery on time 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 possible 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 the law firm Finocchio & Ustra Sociedade de Advogados.
*Eduardo Henrique de Queiroz Silva is an intern in the Civil areafrom the Finocchio & Ustra Law Firm.
