Opinion – Maria Inês Dolci: Marketplaces are responsible for sales from partner stores

“Product sold by”. This expression, which appears when we make purchases on websites of large stores, which bring together several commercial partners (marketplace), informs that the seller is another company. This is because online commercial brands have turned into malls. But beware: the CDC (Consumer Defense Code) is very clear about the joint liability of all members of the consumption chain.

In other words, anyone who buys a smartphone on the website of a store, sold by a partner, can, yes, charge the brand that owns the marketplace for consumption infractions, such as withdrawal from complying with a duly announced offer. When choosing the product in that store in which he trusts, he delegated to it the responsibility for complying with the conditions established and disclosed in that digital commerce.

It should not be up to the consumer, therefore, to go after the partner of that store to enforce their rights, established by the CDC. Often, they are small establishments, with no structure to meet customer demand. These partners use the strength of the great brand and its structure to increase sales and revenue, but this does not relieve the platform of responsibility for what happens in their domains.

So, just to be clear: the consumer’s relationship is with the website where he made the purchase. The company that owns the site is responsible for responding to it and solving any problems with payment, delivery and the product itself. And it is she, and not the consumer, who should talk to the partner who does not follow best practices in consumer relations.

Relevant complaints about this type of purchase often refer to the refusal to deliver the product, on the grounds that it is out of stock. The reversal of the amount paid on the card, however, does not resolve the customer’s situation, as what he wants is to receive the product under the advertised conditions.

I recommend to the consumer that, before closing an online purchase, pay attention to who will actually be responsible for the delivery of the purchased item. Do some research on this company to find out, for example, if it has a lot of unresolved consumer complaints. If you don’t feel safe to continue, it would be better to suspend the purchase.

If you decide to go ahead, print the screens that prove prices and payment terms, product characteristics and purchase data (address and delivery time, payment method, company that actually sold the purchased item).

It’s also worth checking with family, friends, and colleagues about how major commerce platforms handle delivery delays, defective product exchanges, credit card chargebacks, etc.

The CDC gives you three options if you buy a product and the store doesn’t deliver it, alleging, for example, partner failure: refund of the amount paid; opt for another item, or require the purchase to be effectively delivered at the advertised price.

First, try to resolve the matter with the seller’s SAC (Customer Service). If the problem is not resolved, use the nearest Procon. I remind you that, for amounts of up to 40 minimum wages (R$ 48,480.00), it is possible to appeal to the Special Civil Court, but lawsuits always take time, so the ideal would be, if possible, to resolve the situation with the company that owns the sales.