Delays in product delivery and supplier liability

The celebration of International Consumer Day is a fundamental opportunity to reflect on the interaction between suppliers and consumers, especially in the face of an increasingly dynamic scenario and dependent on logistics processes, since, with the growth of digital commerce and the popularization of marketplaces, online shopping has become a daily reality for much of the population.

In this context, delivery delays are recurrent and can cause losses to consumers, leading to an increase in complaints and doubt about who, in fact, should be held responsible for these problems.

The Consumer Protection Code (CDC) is clear in its article 14 when establishing the objective liability of the supplier of the product or service. This means that the supplier responds regardless of the existence of guilt for damages caused to the consumer due to defects in the provision of the service.

When the manufacturer or trader hires a carrier for the delivery of the goods, he integrates it into the supply and distribution chain, thus assuming responsibility for any failures.

However, there are exceptional situations that can take away this responsibility, such as fortuitous or force majeure cases as long as the event is unpredictable and inevitable such as floods or natural disasters, internal logistical problems, predictable strikes or operational difficulties of the carrier do not normally exclude the responsibility of the supplier.

These circumstances highlight the relevance of the supplier's performance in the effectiveness of the commercial transaction and in the adoption of measures to mitigate possible negative impacts on the consumer.

In fact, Brazilian jurisprudence has reinforced the understanding that the supplier cannot easily avoid liability for damages caused to consumers, even when third parties, such as carriers, are involved in logistics. The Courts recognize that, when contracting services indispensable for commercial activity, the supplier maintains responsibility for the performance of these third parties, ensuring greater legal certainty and reliability in consumer relations.

In the face of significant delays, the consumer has the right to demand immediate delivery, request full reimbursement of the amount paid or, if there are additional losses, claim compensation for material and moral damages, according to the concrete 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, including in situations of delays and failures in the delivery of products or services.

Although logistics problems may involve third parties, it is the supplier, as the main responsible in the consumer relationship, to ensure delivery within the deadline and offer effective solutions to minimize any losses to the consumer, as well as to prevent disputes that may arise from the non-compliance with legal and contractual obligations.

By adopting practices that ensure regularity and effectiveness in the provision of services, the supplier minimizes the risks of litigation, avoiding the imposition of sanctions and the burdens arising from any disputes in the judicial sphere, which reinforces its commitment to accountability and transparency in the market.

*Lorena Rodrigues Justiniano de Souza is a specialist lawyer in the civil area of the firm Finocchio & Ustra Sociedade de Advogados.

*Eduardo Henrique de Queiroz Silva is a Civil area intern the Finocchio & Ustra Law Firm.