E-Commerce Laws in Brazil
In Brazil, e-commerce has became an usual way of buying products and services and, as in any type of economic activity, it must be regulated. Currently new laws regulating e-commerce had been approved in the country. Here you will find what was established for them.
In 2013, the Brazilian Government approved the Decree nº 7962, that regulates the purchase of goods and services through electronic means. Now, besides the Código de Defesa do Consumidor, known as CDC, which is the Consumer Protection Code, the rules that guarantee the consumer protection regarding e-commerce are also delimited by this new decree.
The consumers that purchase through electronic means will now have safety and clear information about the product, service and supplier which they are buying from, and also about the accomplishment of delivery term and availability and effectiveness of post-sale service. The main purpose of these new e-commerce laws is offer to the consumer an information channel, as well as respect the direito ao arrependimento, which is the consumer right to regret having done the purchase.
Information that Must be Presented in E-Commerce Activity
The websites of e-commerce and other electronic means related to this activity must adjust to the new laws and provide:
• clear information about the products, services and suppliers
• easier assistance to the customers
• respect for the right of regretting the purchase
Information Presented by Electronic Means
To offer and conclude sales or services contracts, the electronic means, such as websites, must highlight and guarantee easier visualization of the following information in their internet pages:
• company's name and CNPJ, respectively of the supplier and company
• address and electronic address and other necessary information related to the location and contact
• essential characteristics of the products or services offered, including the risks to health or safety of the consumers
• any type of additional expenses in the price, such as delivery taxes or insurances
• offer full terms and conditions, including payment methods and term of the service or delivery or availability of the product
• clear information regarding any type of restrictions to the use of the offer
• minimum quantity of consumers to the contract realization, in case of collective shopping websites
• expiring date of the offer
• identity of the supplier responsible for the electronic mean and of the supplier of the product or service offered.
Access to Costumer Service in E-Commerce
In order to guarantee the easier assistance to the consumer in e-commerce, the supplier must:
• present summary of the contract before the purchase
• provide effective tools for the consumer to identify and immediately correct any mistakes occurred during purchase
• confirm immediately the receipt of the purchase.
• make the contract available to the consumer
• provide an appropriate and effective customer service, allowing the consumer the access to information, questions, complaints, suspension or cancellation of the contract
• confirm immediately the receipt of the consumer request or demands
• use effective security mechanisms to payment and treatment of consumer data.
E-Commerce Must Respect the Right to Regret
The supplier must inform clearly the effective means that allow the consumer to claim for the direito de arrependimento. The exercise of this right implies in the contract cancellation without any type of loss to the consumer. This must be done through:
• the same tool used by the consumer to make the purchase; it can also be used by the consumer to exercise his right to regret
• the exercise of the right to regret must be communicated immediately by the supplier to the financial institution or to the credit card administrator in order to avoid the release of the transaction in the consumer invoice, or to provide the refund of the expense, if it was already released in the invoice
• the supplier must immediately send a confirmation to the consumer informing that the regret manifestation was received.