Post by xyz3800 on Feb 28, 2024 8:41:09 GMT
Even though the supplier's responsibility, in accordance with the Consumer Protection Code, is objective, it is possible to waive the duty to compensate if the occurrence of something that excludes illegality is demonstrated. With this understanding, the 1st Civil Chamber of the Court of Justice of Alagoas reformed the sentence that condemned an online commerce site to compensate for moral and material damages to a seller who suffered a scam from a buyer. 123RF For TJ-AL, user sellers on Mercado Livre should have paid attention to security issues before sending a stereo that cost more than R$100,000. 123RF The decision was made in an appeal filed by Mercado Livre against a decision that granted compensation in the amount of R$.
In the action, the plaintiff says that, after receiving information through Mercado Pago, the defendant website's system, about confirmation of payment for a stereo totaling R$ 100,000.00, he sent the product, paying the shipping cost of R$ $3,800.00. After sending the product to the buyer, the author claims that he discovered that the Mercado Pago emails he received were fake. The defendant's defense, made by Exit Mobile Number List lawyer Andrea Seco , from Almeida Advogados, maintained the illegitimacy of the action, lack of care on the part of the author himself regarding confirmation of payment, lack of proof of sending the product, lack of responsibility for the fact of a third party and the failure occurrence of moral damages. After the decision in favor of the plaintiff, the defendant company claimed that it was not a legitimate party to appear as the defendant in the lawsuit, since it did not participate in the negotiation.
He argued that Mercado Livre only functioned as a platform to make the author's advertisement available and that he was the one who, through negligence, failed to confirm the veracity of the information given to him in the fraudulent act. The defense also highlighted that, in the website's terms and conditions of use, there is information to the effect that the appellant does not participate in negotiations carried out on the platform and does not provide any product. He highlighted that, once the payment made by the buyer has been approved, the seller using the platform can view the amounts credited to their account, "and it is essential that they consult it before delivering any product sold". In counterarguments, the author of the compensation action maintained that Mercado Livre "did not make any effort to prevent fraud" and that the situation caused embarrassment.
In the action, the plaintiff says that, after receiving information through Mercado Pago, the defendant website's system, about confirmation of payment for a stereo totaling R$ 100,000.00, he sent the product, paying the shipping cost of R$ $3,800.00. After sending the product to the buyer, the author claims that he discovered that the Mercado Pago emails he received were fake. The defendant's defense, made by Exit Mobile Number List lawyer Andrea Seco , from Almeida Advogados, maintained the illegitimacy of the action, lack of care on the part of the author himself regarding confirmation of payment, lack of proof of sending the product, lack of responsibility for the fact of a third party and the failure occurrence of moral damages. After the decision in favor of the plaintiff, the defendant company claimed that it was not a legitimate party to appear as the defendant in the lawsuit, since it did not participate in the negotiation.
He argued that Mercado Livre only functioned as a platform to make the author's advertisement available and that he was the one who, through negligence, failed to confirm the veracity of the information given to him in the fraudulent act. The defense also highlighted that, in the website's terms and conditions of use, there is information to the effect that the appellant does not participate in negotiations carried out on the platform and does not provide any product. He highlighted that, once the payment made by the buyer has been approved, the seller using the platform can view the amounts credited to their account, "and it is essential that they consult it before delivering any product sold". In counterarguments, the author of the compensation action maintained that Mercado Livre "did not make any effort to prevent fraud" and that the situation caused embarrassment.