online brazil
What are the rights of the client when buying online and receiving a broken product?
<p>I live in Brazil and I bought an electronic product online and it came broken.
I contact the guaranty, but they said that the guaranty is not valid, because the product is broken. The store that sold me the product doesn't want to give back my money, because they said to me to contact the guaranty. </p>

<p>What can I do in this case?</p>

<p>I wrote a complaint at PROCON, but I it didn't work. I wrote a complaint at <a href="https://www.reclameaqui.com.br/" rel="nofollow noreferrer">Reclame Aqui</a> too (Brazilian site that contains many complaints and problems about stores), but it didn't work either. </p>

<p>I'm going to search JEC (Juizado Especial Cível) now. We don't need to hire a lawyer for that small causes and I think they can help me to get my rights. </p>

<p>The avenues of recourse depend on what website you used to order the product, what shipping company delivered the package, and under what delivery class the shipment was made. You are potentially protected by one or more of the following:</p>

<ol>
<li>Insurance policy of payment method (credit card / Paypal);</li>
<li>Shipping company (<a href="https://www.logistics.dhl/br-en/home/contact-us.html" rel="nofollow noreferrer">DHL</a>, <a href="https://www.tnt.com/express/pt_br/site/suporte/contato.html" rel="nofollow noreferrer">TNT</a>, <a href="https://compass.ups.com/" rel="nofollow noreferrer">UPS</a>) insurance policy;</li>
<li><a href="https://www.bc-llp.com/express-and-implied-warranty/" rel="nofollow noreferrer">Express or implied contract</a> with the seller;</li>
<li>Manufacturer warranty</li>
</ol>

<p>If you see the damage when the product is being delivered, you can either refuse the shipment as <em>damaged – return to sender</em>, or you can have the delivery company mark the tracking as <em>received damaged, subject to further inspection</em>. Please note, you have only a few days to report damage so if the delivery company drops off your package without your signature, call or contact them right away. Here are some links to contact major shipping companies in Brazil: <a href="https://www.logistics.dhl/br-en/home/contact-us.html" rel="nofollow noreferrer">DHL</a>, <a href="https://www.tnt.com/express/pt_br/site/suporte/contato.html" rel="nofollow noreferrer">TNT</a>, <a href="https://compass.ups.com/" rel="nofollow noreferrer">UPS</a>. Find the contact information for the company who delivered your product to you. You also must keep all boxes and packing material. When you call you will need the tracking number off your box, a description of the damage and its value). All of the companies will log the call. Wait about 30 minutes and then run your tracking number online. It will show that you reported the damage. Once it shows, you then contact the seller. </p>

<p>Carefully review the text of the following documents to determine who is responsible for the replacement or refund and under what conditions:</p>

<ol>
<li>The manufacturer warranty,</li>
<li>The terms of service for the website on which you ordered your product</li>
<li>The agency that controls the payment method you employed (if it's not cash).</li>
</ol>

<p>Keep your communications with the seller in writing so there is never any doubt as to when you contacted them or what was said by either party. A reasonable response time is a full business day for them to get back to you with an offer of resolution. </p>

<p>If a seller claims the item was sold <em><a href="https://en.wikipedia.org/wiki/As_is" rel="nofollow noreferrer">as is</a></em>, then that does not apply to freight damage. If the seller claims the item was sold <em>as is</em>, then they need to have stated it was damaged in the advertisement or the auction. If they failed to specify that it was damaged, then they cannot retroactively claim it was sold <em>as is</em>.
In the final case, you will need to rely on <a href="https://www.dubbio.com.br/artigo/212-juizados-de-pequenas-causas-tudo-que-voce-precisa-saber" rel="nofollow noreferrer">small claims court to recover your costs.</a> This requires, however, that you precisely determine <a href="https://www.nolo.com/legal-encyclopedia/free-books/small-claims-book/chapter2-4.html" rel="nofollow noreferrer">which party is at fault or otherwise liable</a> for the damaged product, since you will want to bring the claim on the party whom you think the court will find responsible.</p>
