Product more than 30 days in repair? You might get a new one, according to the CDC

O Article 18 do Consumer Protection Code (CDC) defines a rule that, if it were generally known, would save Brazilian consumers a lot of headaches. In a nutshell: if a product is under repair and the defect is not repaired within a maximum period of 30 days, counting from the consumer's complaint, the customer is entitled to a new device or a refund of the amount paid, with monetary correction.

A simple rule, but one that is still not fully complied with by suppliers, which includes both the store that sold the product and the manufacturer, as the responsibility is joint and several (shared).

The rule applies to products that are within the warranty, which may be the one provided by the manufacturer or the one established by law - from 30 days for non-durable goods and services quality 90 days for durable products. Having knowledge of this article can be useful especially for those who use the authorized technical assistance for the repair of goods such as cell phones, smartphones, laptops e electronics in general, but is left without the product for months.

What does CDC article 18 say about replacement and repair?

O article 18 of Consumer Protection Code guarantees the exchange of the product. The article says:

“Suppliers of durable or non-durable consumer products are jointly and severally liable for defects in quality or quantity that make them unsuitable or unsuitable for the consumption for which they are intended or which reduce their value, as well as for those arising from the disparity with the indications on the container. , packaging, labeling or advertising message, respecting the variations resulting from their nature, and the consumer may demand the replacement of defective parts.

§ 1 - If the defect is not remedied within a maximum period of thirty days, the consumer may demand, alternatively and at his choice:

I - a replacement of the product by another of the same species, in perfect conditions of use;

II - the restitution immediate payment of the amount paid, monetarily updated, without prejudice to possible losses and damages;

III - the proportional rebate of price.”

Source: Consumer Protection Code.

To see their rights respected, the consumer can activate either the Manufacturer as for technical assistance after the 30-day repair period — or even the shop where they purchased the product — to demand reimbursement, since the responsibility is shared between them.

What is the difference between consumer and supplier?

In Brazil, when talking about consumer relations, we always have to refer to Law 8.078, of 1990, better known as Consumer Protection Code (or simply CDC). In this law, there is a definition of the most important figures in consumer law: the table and provider.

For the development of this matter, we will use these two terms with some frequency, so it is important that the reader has no doubts about these two legal figures for the full understanding of the text.

For the CDC, it is table every person who uses a good or service as the final recipient (art. 2). It is important to highlight that if the acquired good or service is used as the object of a business activity, people (physical or legal) who acquired it will not be considered a consumer, therefore, without the protection of the Consumer Protection Code.

For example, a person who buys a cell phone to use personal is, for the CDC, a consumer. But one company who buys several cell phones for resale is part of the product supply chain, and will have to resort to other laws to seek a right that may have been violated.

Another example: a school needs to buy chairs to carry out its activity, therefore, as the chair is an item for the development of commercial activity, the school is not a consumer in this case.

At the other end of the consumption relationship we have the figure of provider, which is described in art. 3rd of Law No. 8078/90: is anyone (individual or legal entity) who participates in some process of the consumer relationship, from production to marketing of a good or service. We can say, then, that the company that provides technical assistance to a defective product is considered supplier.

Defective product

It is normal that, in a production line — with the manufacture of thousands or millions of products — some units are manufactured with some error — even if minimal — which could cause future problems in their functioning.

In these cases, the unlucky consumer may resort to a technical assistance to repair your product. If the warranty period is still in force, the repair will be carried out free of charge; if the warranty has already expired, the consumer can still resort to a expert assistance, but you may have to pay for the repair.

How long does the authorized person have to return a defective product placed for repair? According to the CDC, the service must be completed in up to 30 days. Once completed, it must be understood that the defect has been resolved and no new problems have arisen due to the service being carried out. The 30-day period is stipulated by the Consumer Protection Code, in the first paragraph (§ 1) of article 18. Therefore, 30 days is the maximum period that the product can remain in technical assistance for repair.

Whenever a defective product is left for repair at a technical assistance facility, the company responsible must do everything possible to ensure that the issue is resolved within the deadline. This is because the law (the CDC) imposes harsh measures on those who do not comply. In the case in question, as provided for in the three items of § 1 (first paragraph), in the same article 18, the consumer can choose one of three options:

• the replacement of the product by another of the same species, in perfect conditions of use;
• the immediate refund of the amount paid, monetarily updated, without prejudice to possible losses and damages; or
• the proportional reduction of the price.

To make it clear, let's give an example. Let's say a certain consumer buys a new model of Smart TV, which becomes defective shortly afterwards. Activated the warranty, the 30 days informed in the CDC pass and no solution is obtained.

For first hypothesis, the consumer can choose to receive a new smart TV, the same as the previous one, that is working perfectly and without being charged any additional value.

Na second hypothesis, the consumer can give up taking the smart TV home, and the assistance will have to return the amount paid, with monetary correction to be counted from the date of purchase. If the consumer has any damage resulting from the supplier's delay in resolving the case, there may still be a charge for “possible losses and damages”.

By last, the consumer can even choose to keep the defective product, but still receive part of the value back. Or even receive a different model of smart TV, but the amount previously paid will be considered for the proportional rebate. All these hypotheses are consumer choice options, so it is not up to the supplier to impose any of these solutions on the buyer.

Another important issue regarding the deadline is that, if the supplier returns the product and it presents the same defect again, the time already elapsed in technical assistance will be considered when the product is again submitted for repair. That is, if the technical assistance performed the work in 15 days, for example, and the product presents the same defect again, the supplier will only have 15 more days to resolve the case.

There are cases of stores that offer a new product in case of a defect that appears shortly after purchase, but this is a company practice to attract customers, and there is no obligation under the Consumer Protection Code that the selling company proceeds with the exchange of the defective product.

Product out of warranty

A more complicated situation, but which occurs with some frequency, is the case of the product that has a defect after the period covered by the warranty. The most obvious issue to consider is that the consumer can seek technical assistance and pay for the repair. Also in this case, the supplier has the maximum period of 30 days for the repair, with the same implications as we saw earlier, so the only difference for the defect under warranty is the payment for the service.

In other words, when a product remains in technical assistance for more than 30 days for repair, it is the consumer's right to choose to replace the defective product, refund the amount paid or receive a proportional rebate. However, there is a case in which, even though the warranty period has already ended, the consumer does not need to pay for the repair service: when there is hidden product addiction.

Understanding hidden product addiction

Addiction it is precisely the factory defect of a product, which can be easy or difficult to find. O hidden vice, as the name suggests, is a non-apparent defect in a product, which will only cause problems after use and, often, over time. For these cases, the CDC establishes (in § 3 of article 26) that the warranty period will only begin to run from the discovery of the addiction, and not the purchase.

Thus, even if the product is no longer within the warranty period, the consumer can make use of the technical assistance free of charge, as long as it is a case of a hidden defect and the supplier is contacted in up to 90 days (item II of article 26 of the CDC). But be careful, it is necessary to make use of what in law is called reasonableness. It is necessary to take into account which product is being talked about, as well as the type of addiction presented.

Imagine the case of a consumer who buys a smart TV with a one-year warranty coverage, but it stops working after the 13th month of purchase. Even though the warranty has already ended, it is reasonable to assume that a television should display images for a few years, and it is easy to understand that, in 13 months, there was not enough time for the device to present this defect due to natural wear and tear.

In this case, it is not uncommon for the supplier to claim that the consumer has bad use of the product, and for this reason he would be entirely responsible for repairing the defect. However, if this is the case, it will be up to the supplier to prove the misuse, as the Consumer Protection Code (in item VIII of article 6) declares the Reversal of the burden of proof as one of the basic consumer rights.

So, it is to be assumed that that unit, which stopped showing images with just over a year of use, had some manufacturing defect, that is, a hidden product addiction. From this moment on (the problem being discovered) the period of 90 days is counted. legal guarantee, or, in other words, an obligation on the supplier to repair the product as warranted by law.

Your right is valuable

The rights included in this matter will not always be easily granted by the supplier to the consumer, especially in cases of hidden defect outside the warranty period, but also when technical assistance takes more than 30 days to complete the repair operation.

In the event that the consumer does not have his right met, the way is to resort to legal proceedings to have it guaranteed. Fortunately, after reading this article you have learned who are the agents that understand the consumer and supplier figures and what are the obligations of each one in the face of defective products. Your right is valuable, and so it must be defended. Do not hesitate to seek the necessary means to defend it.

reviewed by Glaucon Vital in 24 / 1 / 24.