In an attempt to stop the advance of coronavirus, many states and municipalities are imposing quarantine on public and private establishments.
These measures, although essential to prevent an increase in contamination by COVID-19, have raised several questions regarding existing contracts between consumers and suppliers.
One point that generates uncertainty is related to purchases made by electronic means. The Code of Consumer Protection ensures the right to withdraw from this type of contract, which must be exercised within seven days of receipt of the product by the consumer.
In cases where there is a desire to return the product, companies usually use the reverse logistics service, which consists of withdrawing the product from the consumer's home or determining a collection point, almost always a post office, but, given the isolation measures, it may become unfeasible to require the consumer to receive a transport company employee or to go to a post office, given the high risk of contagion from COVID-19.
The situation we face is unprecedented in recent history, so the suggestion is that both supplier, as consumer, use common sense in this period. To the consumer, it is recommended to express their interest in returning the product within seven days by email or other means that is recorded the date on which the cancellation of the purchase was requested and as for the supplier, the recommendation is to guide the consumer on the means of storage of the product and wait for the normalization of services to start the procedures for the collection of the product, always keeping the consumer informed of the procedures that will be adopted.
The moments that we have experienced are characterized as "force majeure" and, therefore, there is no responsibility of the supplier for any problems that are caused by the difficulty in making the delivery and / or collection of products purchased by electronic means, however, the consumer should always be informed that there is a possibility that the delivery time is not met, and the consumer can request reimbursement of the amount paid.
For more information, please contact our team at [email protected].
