The service provider will only not be held responsible when it proves the exclusive fault of the consumer or a third party, in accordance with article 14, § 3, item II, of the Consumer Protection Code. Based on this understanding, the 37th Private Law Chamber of the São Paulo Court of Justice exempted Mercado Livre for fraud in the sale of a cell phone advertised on the website. The seller who went to court claimed to have sent the product to the buyer without receiving the transaction amounts. reproduction Reproduction TJ-SP exempts Mercado Livre for sales negotiated outside the website platform According to the author of the action, Mercado Livre sent an email confirming the payment.
With that, he sent the product to the buyer. However, he
Iran Telegram Number Data never received the money. In the first instance, the action was judged valid and Mercado Livre was ordered to pay compensation, in the amount of R$7,000, for moral and material damages. At TJ-SP, the understanding was different and the sentence was amended to absolve the site. The rapporteur, judge José Wagner de Oliveira Melatto Peixoto, accepted Mercado Livre's thesis that it was the sole fault of the seller, who chose to communicate with the buyer outside the platform offered by the website.
Furthermore, the company claimed not to have sent any payment confirmation email and even said that the seller should have checked his account before sending the cell phone by post. "In view of the situation presented, and considering the verisimilitude of the allegations, it is not possible to attribute responsibility to digital platform companies, due to the questioned operation; it appears that there was no failure in the provision of services and, rather, negligence on the part of the author , since, as shown in the evidence produced, he did not check his registration on the digital platform to confirm payment before sending the product", stated the rapporteur.
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