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Purchase of 140 Boxes on Sale Becomes Impasse at Atacadão in Boa Vista After Delivery Refusal, Police Called, and Case Sent to the Police Station; Case Involves Price Displayed on Posters and Reader, Note from Grupo Carrefour About Update Failure and Release of Goods for Amount Paid.
A 54-year-old merchant paid R$ 16,531.20 for 140 boxes of beer advertised on sale at the Atacadão in the Centenário neighborhood, in the West Zone of Boa Vista, but was unable to pick up the purchase after payment on the night of Monday (26).
The 42-year-old manager of the unit blocked the delivery and stated that the displayed price was due to a “system error.”
The Military Police were called, the employee was taken to the police station, and, on the morning of January 27, the supermarket informed the customer that he could collect the goods.
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In a statement, Grupo Carrefour, responsible for Atacadão, stated that the product was incorrectly put on sale due to a failure in the price update process of the category.
The company also stated that upon identifying the inconsistency, it made the correction and released the goods for the amount actually paid, citing compliance with consumer protection legislation.
Beer Promotion at Atacadão in Boa Vista
The purchase involved beer in 330 ml glass bottles. In the promotion, the unit was priced at R$ 4.92, below the usual price of around R$ 6.99, according to the consumer’s report and the case record.
Each box contained 24 bottles, and the promotional price was indicated not only in the system but also on the supermarket’s posters and on the store’s price inquiry and reading terminals.
The merchant stated that he checked the price before going to the register and that the purchase was completed with the announced price being charged.
He also mentioned that he intended to resell part of the stock in his own store and that to complete the payment, he had to resort to a loan and his credit card limit.
Delivery Refusal and Claim of “System Error”
After the purchase was registered and the separation of the goods began, the customer stated that the manager ordered the beers to return to the warehouse and informed that she would not make the delivery.
In a testimony to g1, the merchant reported feeling embarrassed during the discussion and claimed to have been accused of intending to take advantage of the price.
“She started saying that I acted in bad faith, that the price was wrong, and that she would not deliver.
I cited the articles of the Consumer Defense Code, and she said that it did not matter,” said the consumer, who preferred not to be identified out of fear of retaliation.
The situation extended until the night of January 26.
According to the police report, the Military Police were called around 11 PM and advised the management on provisions of the Consumer Defense Code related to fulfilling the offer.
The officers also mentioned the article that characterizes the crime of misleading advertising, according to the occurrence.
Military Police Called and Case Sent to the Police Station
Even after presenting proof of payment and photos of the promotional material, delivery did not occur at that moment, according to the customer’s report and the police record.
The manager was taken to the police station, where the Civil Police assessed the case that same night.
At the police station, according to the Civil Police, the officer who received the report found that there were insufficient elements to keep the manager in flagrant arrest.
The manager was released, and the case, initially registered at the Central Plant I, was forwarded to the Consumer Defense Police Station for investigation.
“At that moment, the presence of intent, a necessary element for characterizing the crime of misleading advertising, was not established on the part of the employee or representatives of the establishment, being, in theory, a situation arising from a systemic error,” informed the Civil Police.
Grupo Carrefour Says There Was a Price Update Failure
The release of the order only occurred on the morning of January 27, when the establishment contacted the consumer, according to him, to inform him that the beers were ready for pickup.
The note from Grupo Carrefour attributed the episode to an error in the price update and stated that the goods were delivered for the amount paid.
Still, the customer stated that the incident had an immediate impact on his financial routine and the service he received.
“I went to buy beer, and I ended up at a police station.
I am a customer there, I buy regularly, I have a small business, and I went after the promotion, and this happened.
A very unpleasant situation,” he reported.
In the consumer’s assessment, the main consequence was that he was left without the goods and without the available money that night.
“I was left without the beer, without the money at that moment, and I went through all of this,” he said.
Consumer Defense Code and Fulfillment of the Offer
The case was recorded as a conflict involving an advertised offer and refusal of delivery after payment.
Under consumer legislation, the advertised offer binds the supplier under the announced conditions, and the consumer can require fulfillment of what was offered, in addition to other alternatives provided by law, depending on the situation and the understanding of the competent authorities.
The investigation in the police sphere, in turn, considers specific elements to characterize a crime, such as the need to evaluate intent and conduct.
This was the point mentioned by the Civil Police in explaining why, at that first moment, the flagrant arrest was not upheld and why the case was sent for specialized investigation.
Tem que ter indenização perda danos. Moral o cliente não tem culpa do erros deles
Aqui em João pessoa PB,eu fui em uma grande rede de supermercado e quando fui comprar carne o preço da carne era três reais a mais do que estava na promoção,eu reclamei,mas mantiveram o preço mais alto, deixei a carne no balcão do açougue e não paguei.
Estes grandes supermercados são administrados por pessoas mal preparadas e incompetentes. Isto é um absurdo. Fazem de tudo para complicar a vida do consumidor. Este atacadão é uma bela ****. Mercadorias sem preço, falta de produtos, produtos vencidos e tem gerente incapaz. O cliente tem todo o direito de comprar a quantidade que desejar.