Regulates Law No. 8,078, of September 11, 1990, to provide for contracting in electronic commerce.
THE PRESIDENT OF THE REPUBLIC, in the use of the attribution conferred by art. 84, caput, item IV, of the Constitution, and in view of the provisions of Law No. 8,078 of September 11, 1990,
Article 1 This Decree regulates Law No. 8,078, dated September 11, 1990, to provide for contracting in electronic commerce, covering the following aspects:
I - clear information about the product, the service and the supplier;
II - facilitated customer service; and
III - respect for the right of repentance.
Article 2 Electronic websites or other electronic means used for the offer or conclusion of a consumer contract shall provide the following information in a prominent and easily visible place:
I - company name and supplier's registration number, if any, in the National Register of Individuals or in the National Registry of Legal Entities of the Ministry of Finance;
II - physical and electronic address, and other information necessary for its location and contact;
III - essential characteristics of the product or service, including risks to the health and safety of consumers;
IV - discrimination in the price of any additional or ancillary expenses, such as delivery or insurance;
V - full conditions of the offer, including payment methods, availability, form and term of execution of the service or delivery or availability of the product; and
VI - clear and conspicuous information on any restrictions on the enjoyment of supply.
Art. 3 The electronic websites or other electronic means used for collective purchase offers or similar contracting modalities shall contain, in addition to the information provided in art. The following:
I - minimum number of consumers to perform the contract;
II - time limit for the use of the offer by the consumer; and
III - identification of the supplier responsible for the electronic site and the supplier of the product or service offered, in terms of items I and II of art. 2nd.
Art. 4o To guarantee the facilitated service to the consumer in electronic commerce, the supplier must:
I - present a summary of the contract before hiring, with the necessary information to the full exercise of the right of choice of the consumer, emphasizing the clauses that limit rights;
II - provide effective tools to the consumer to identify and immediately correct errors occurring in the stages prior to the end of hiring;
III - immediately confirm receipt of acceptance of the offer;
IV - make the contract available to the consumer in a way that allows its preservation and reproduction, immediately after hiring;
V - to maintain adequate and efficient service of electronic service, which enables the consumer to resolve demands related to information, doubt, complaint, suspension or cancellation of the contract;
VI - immediately confirm the receipt of the consumer's demands mentioned in the paragraph, by the same means employed by the consumer; and
VII - use effective security mechanisms for the payment and processing of consumer data.
Single paragraph. The manifestation of the supplier to the demands set forth in item V of the caput will be sent to the consumer within five days.
Article 5 The supplier must inform in a clear and ostentatious way the adequate and effective means for the exercise of the right of repentance by the consumer.
Paragraph 1 - The consumer may exercise his right of repentance for the same tool used for hiring, without prejudice to other means available.
Paragraph 2. The exercise of the right of repentance implies the rescission of the accessory contracts, without any burden to the consumer.
Paragraph 3. The exercise of the right of repentance shall be immediately communicated by the supplier to the financial institution or to the credit card administrator or similar, in order that:
I - the transaction is not posted to the consumer invoice; or
II - the reversal of the value is effected, if the posting on the invoice has already been made.
§ 4o The supplier must send to the consumer immediate confirmation of the receipt of the manifestation of regret.
Article 6 The contracting in electronic commerce shall observe the fulfillment of the conditions of the offer, with the delivery of the contracted products and services, observing deadlines, quantity, quality and adequacy.
Article 7 Failure to comply with the conduct described in this Decree will lead to the application of the sanctions provided for in art. 56 of Law No. 8,078 of 1990.
Article 8 Decree No. 5,903, of September 20, 2006, shall be in force with the following changes:
"Art. 10. ................................................ ........................
Single paragraph. The provisions of arts. 2, 3 and 9 of this Decree applies to contracting in electronic commerce. "(NR)
Art. 9th This Decree shall enter into force sixty days after the date of its publication.
Brasília, March 15, 2013; 192nd of Independence and 125th of the Republic