The celebration of International Consumer Day is a crucial opportunity to reflect on the interaction between suppliers and consumers, especially in an increasingly dynamic and logistics-dependent scenario. 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 common 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 in establishing the strict liability of the supplier of the product or service. This means that the supplier is liable regardless of whether there is fault for the damage caused to the consumer due to defects in the service provision.
When the manufacturer or merchant hires a carrier for the delivery of 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 fortuitous events or force majeure – provided that the event is unforeseeable and inevitable – such as floods or natural disasters. Internal logistical problems, foreseeable strikes, or operational difficulties of the carrier normally do not exclude the supplier’s liability.
These circumstances highlight the relevance of the supplier’s role in the effectiveness of the commercial transaction and in adopting measures to mitigate potential negative impacts on the consumer.
Alias, Brazilian jurisprudence has reinforced the understanding that the supplier cannot easily escape responsibility for the damages caused to consumers, even when third parties, such as carriers, are involved in the logistics. Courts recognize that when hiring essential services for commercial activities, the supplier maintains responsibility for the actions of these third parties, ensuring greater legal security and reliability in consumer relations.
In the face 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, according to the specific situation.
Therefore, during the celebration of International Consumer Day, it is essential to highlight that, in Brazil, consumer relations are guided by principles that ensure consumer protection, even 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 main party in the consumer relationship, to ensure delivery within the agreed-upon timeframe and provide effective solutions to minimize potential consumer losses, as well as to prevent controversies 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 lawyer specializing in the civil area of the law firm Finocchio & Ustra Sociedade de Advogados.
*Eduardo Henrique de Queiroz Silva is an intern in the Civil area of the law firm Finocchio & Ustra Sociedade de Advogados.
