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Delay In Online Purchases Creates Right To Refund And May Result In Compensation For Moral Damages, Confirmed Courts In Recent Decisions.
E-commerce in Brazil has exploded in recent years. According to data from ABComm, more than 360 million online orders were made in 2023 alone, driving a sector that has solidified as a pillar of the economy. But along with the expansion, legal conflicts have also emerged: delivery delays, unmet deadlines, and service failures are among the main reasons for complaints registered with Procon and in legal actions.
The Consumer Defense Code (CDC), in its article 35, establishes that if the supplier does not deliver the product within the promised timeframe, the consumer may demand forced fulfillment of the obligation, accept another equivalent product, or terminate the contract with a refund of the amount paid. Furthermore, if the delay causes damages, compensation for moral or material damages is also due.
What The Courts Have Decided On The Subject
Brazilian courts have been confirming that delays in the delivery of products purchased online constitute a failure in service provision and, as such, obligate the company to compensate the consumer.
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Recent examples:
- In 2022, TJSP condemned a retailer to refund the amount paid for a cell phone that was not delivered and set damages at R$ 4,000 for moral damages.
- In 2023, TJDFT upheld a decision that required a marketplace to compensate a customer R$ 3,000, in addition to refunding the amount for a laptop that never arrived.
- The STJ, in rulings involving online purchases, has reiterated that mere delay may not result in moral damages; however, when the consumer receives no response, faces indifference, or loses a relevant opportunity, compensation is due.
What Rights Does The Consumer Have In Case Of Delay
According to the CDC, the consumer can demand:
- Immediate refund of the amount paid, adjusted for inflation;
- Delivery of an equivalent product, if preferred;
- Forced fulfillment of the obligation, with a court order for the company to deliver the item under penalty of fine;
- Compensation for material damages, when the delay incurs additional expenses (such as rental of substitute equipment or loss of trips);
- Compensation for moral damages, when the delay causes frustration, embarrassment, or neglect on the part of the supplier.
The Role Of Marketplaces And Joint Responsibility
Many consumers believe that only the selling store is responsible for delays, but the jurisprudence is clear: marketplaces like Mercado Livre, Americanas, and Amazon can also be held jointly responsible.
This occurs because, by providing the platform for sale, these companies participate in the supply chain and are jointly responsible for delivery to the consumer, according to article 7, sole paragraph, of the CDC.
How Much Are The Compensations Recognized By Justice
The amounts established vary according to the specific case:
- Refund of the amount paid: always in full and with monetary adjustment.
- Moral damages: on average, from R$ 2,000 to R$ 5,000, potentially exceeding R$ 10,000 in cases of serious neglect.
- Material damages: reimbursement of proven expenses, such as extra transportation costs, accommodation, or loss of professional opportunity.
Thus, the consumer not only recovers what they paid but may also receive additional compensations.
How To Prove The Right In Justice
The consumer should gather documents that demonstrate:
- Proof of purchase (invoice, receipt, or payment slip);
- Promised delivery deadline by the company;
- Records of contact with the supplier, such as service protocols or emails;
- Proof of additional loss, such as extra expenses.
With this evidence, the judicial request for refund of the amount paid and compensation gains strength.
What Experts Say
The consumer rights lawyer Rizzatto Nunes explains:
“The supplier assumes the obligation to deliver the product within the agreed timeframe. If they fail, they must reimburse the client and also be liable for damages when the delay affects the consumer’s life.”
Professor Cláudia Lima Marques, a reference on the subject, reinforces:
“The expansion of e-commerce demands greater rigor. The consumer cannot be treated as a hostage of poor logistics or neglect. The right to compensation is ensured by the CDC.”
The increase in online purchases should not mean tolerance of basic failures. Courts have made it clear: those who sell online must meet deadlines, or risk refunding the amount paid and compensating the client.
For the consumer, knowing their rights is fundamental. For companies, the message is clear: trust in e-commerce depends on timeliness in delivery.
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