There are at least three guarantee modalities that guarantee the quality, effectiveness and durability of the product, legal, contractual and extended. The seller is legally obliged to comply with public statements regarding his products (especially in advertising and labelling). However, if the defect is not as noticeable and occurs only after a certain time, you have the duration of the legal warranty, calculated from the moment the defect is discovered, to demand one of the alternatives provided for in the CDC. The question of PLS 90/2012, drafted by Senator Eduardo Amorim (PSDB-SE), is the compatibility between the periods of legal guarantee and contractual guarantee. Since the CDC is omitted in this regard, the project intends to fill this gap by stipulating that the legal warranty period must be credited from the end of the contractual guarantee if it was purchased by the customer. 50. The contractual guarantee is complementary to the legal guarantee and is granted in writing. STJ removes the time count initiated by subpoena to appear an unqualified lawyer who quickly charged the case Another recurring problem is window displays – items that are displayed in stores and usually sold in liquidation at a more discounted price. Even if companies refuse to do so, these products have a legal warranty. Currently, the CDC sets a 30-day deadline for consumers to complain about obvious problems with unsustainable products and services, and 90 days for sustainable products.
This is the legal warranty period to be granted by the supplier. Called a decadent term, it begins to be counted from the actual delivery of the product or the end of the performance of the service. The legal guarantee is dealt with in Article 26 of the CCC, which provides for a period for the consumer to complain about defects in products or services. The aforementioned article makes no reservation or exception to withdraw the warranty of the products displayed. If you sell an item or service online or by other means of distance selling (telephone or mail order) or outside a business (door-to-door sales), the consumer has the right to return the item or cancel the service within 14 days. This is called the reflection or withdrawal phase. The consumer does not have to provide any reason or justification. However, the contractual warranty is that the manufacturer or supplier voluntarily supplements your product, which means that not all items will have this type of insurance. Its validity begins from the date of issue of the invoice, with the conditions imposed by the company – usually established in the “warranty period”. This is the time limit normally set by law for the performance of any procedural act.
If the law does not provide for it, the judge must do so taking into account the complexity of the case. In the absence of a legal obligation or signature by the judge, the time limit for the party to perform a procedural act is five (5) days. The legal guarantee is established by the CDC (Consumer Protection Code) and is independent of the contractual guarantee. The law guarantees and emphasizes this. So you have 30 days to complain about problems with the product if it is not sustainable (for example, a food), or 90 days if it is durable (for example, a washing machine). The period begins from receipt of the goods. It may also offer the customer an additional commercial guarantee, which may be included in the price of the product or offered at an additional cost. This warranty does not replace the legal warranty, which always lasts at least two years. The consumer must be informed that the additional guarantee does not affect his right to the legal guarantee. One paragraph. The duration of the guarantee or equivalent guarantee shall be standardised and specified, in an appropriate manner corresponding to the same guarantee, the form, time and place of its exercise and the burden on the consumer, and shall be duly completed by the supplier at the time of delivery, accompanied by instructions for use. Installation and use of the product in didactic language, with illustrations.
Imported products The rule for imported products is slightly different.