Como torna-se um profissional e montar uma assistência técnica?
Article 18 of the Consumer Defense Code is only one among 119 of the document, but defines a rule that, if disseminated, would avoid a lot of headache for Brazilian consumers. Without a waiver, the article states that if a product is not repaired within 30 days of the consumer's complaint, the customer is entitled to a new product or to the refund of the amount paid, monetarily corrected. Simple rule, but not yet fully met by suppliers.
The rule applies to products that are under warranty, which may be the manufacturer's or the law's foreseen - 30 days for non-durable goods and services and 90 days for durable goods. Being aware of this article is useful especially for those who resort to the technical assistance authorized for the repair of goods such as cellular and electronic devices in general, but that does not see the color of the product for months.
Marketing supervisor Eliane Mendes, for example, had to wait 4 months and 24 days, from the first service order for the authorized service center, to have the money paid back for her BenQ camera. The device was defective six months after the purchase, was referred to the technical assistance and only returned more than a month later, still defective. In response to the manufacturer's request for the product to be redirected to technical assistance, the consumer protested. "I did not want their product any more, much less seek the authorized service. This machine should have already been replaced in the previous defect, since it was more than 30 days in the technical assistance. We saved money for a year to buy the machine and now we can not use it, "he complains.
Eliane filed a complaint in Procon-PR, where she scheduled a hearing to try to solve the problem. Even before the hearing, however, she reached an agreement with the camera maker, Benq, who sought it, and had the money returned, with interest and monetary correction. It was R $ 492 - R $ 53 more than the value of the invoice.
Rarity
Receiving money more than the value of the invoice is almost rare. Although many vendors make the money back after the 30 days of waiting, there are only a few who "remember" interest - and, most of the time, few consumers who demand a fix after waiting so long for a solution. "The employee of the technical assistance said that it was the first time she saw a person receive a check of value greater than the invoice," says the student Juliana Gomes de Souza, who had a similar problem to Eliane when she bought a Nokia in February this year. The device had a problem in the same week of purchase, and it was almost four months before Nokia returned the money by waiting for technical assistance. "They wanted me to have the appliance repaired, but they had already been repaired for more than 30 days. I was entitled to my money back, "recalls Juliana. The consumer got agreement with Nokia, which returned the value of the cell phone, with monetary correction, through technical assistance.
The lawyer of Procon-PR, Cila Mendes dos Santos, reminds that the consumer can trigger either the manufacturer, the technical assistance or even the store where they bought the product to demand compensation. "The responsibility is solidary. If the manufacturer pays and then wants to require something from the service, he understands it with the assistance. What is important is that consumer rights are guaranteed, "says Cila.
The lawyer and member of the Consumer Rights Commission of the Paraná Bar Association (OAB-PR) Fernando Previdi Motta also recommends that consumers have good sense in demanding compensation. "In many cases, the problem in the product may take a little longer to be solved, but it still has a good chance of being resolved much faster than through a lawsuit."
The rule applies to products that are under warranty, which may be the manufacturer's or the law's foreseen - 30 days for non-durable goods and services and 90 days for durable goods. Being aware of this article is useful especially for those who resort to the technical assistance authorized for the repair of goods such as cellular and electronic devices in general, but that does not see the color of the product for months.
Marketing supervisor Eliane Mendes, for example, had to wait 4 months and 24 days, from the first service order for the authorized service center, to have the money paid back for her BenQ camera. The device was defective six months after the purchase, was referred to the technical assistance and only returned more than a month later, still defective. In response to the manufacturer's request for the product to be redirected to technical assistance, the consumer protested. "I did not want their product any more, much less seek the authorized service. This machine should have already been replaced in the previous defect, since it was more than 30 days in the technical assistance. We saved money for a year to buy the machine and now we can not use it, "he complains.
Eliane filed a complaint in Procon-PR, where she scheduled a hearing to try to solve the problem. Even before the hearing, however, she reached an agreement with the camera maker, Benq, who sought it, and had the money returned, with interest and monetary correction. It was R $ 492 - R $ 53 more than the value of the invoice.
Rarity
Receiving money more than the value of the invoice is almost rare. Although many vendors make the money back after the 30 days of waiting, there are only a few who "remember" interest - and, most of the time, few consumers who demand a fix after waiting so long for a solution. "The employee of the technical assistance said that it was the first time she saw a person receive a check of value greater than the invoice," says the student Juliana Gomes de Souza, who had a similar problem to Eliane when she bought a Nokia in February this year. The device had a problem in the same week of purchase, and it was almost four months before Nokia returned the money by waiting for technical assistance. "They wanted me to have the appliance repaired, but they had already been repaired for more than 30 days. I was entitled to my money back, "recalls Juliana. The consumer got agreement with Nokia, which returned the value of the cell phone, with monetary correction, through technical assistance.
The lawyer of Procon-PR, Cila Mendes dos Santos, reminds that the consumer can trigger either the manufacturer, the technical assistance or even the store where they bought the product to demand compensation. "The responsibility is solidary. If the manufacturer pays and then wants to require something from the service, he understands it with the assistance. What is important is that consumer rights are guaranteed, "says Cila.
The lawyer and member of the Consumer Rights Commission of the Paraná Bar Association (OAB-PR) Fernando Previdi Motta also recommends that consumers have good sense in demanding compensation. "In many cases, the problem in the product may take a little longer to be solved, but it still has a good chance of being resolved much faster than through a lawsuit."