Saga Falabella and La Curacao, during their National Holiday sales, sold various electrical appliances for less than S/ 1 in their virtual stores.
In this regard, Indecopi has already initiated the inspection of both companies after learning that they had canceled the purchases made by users. To do this, they are probing social networks and the information provided by the firms in question.
Will they recognize my purchase?
According to the founder of the Peruvian Association of Consumers and Users (ASPEC), Jaime Delgado, Saga Falabella and La Curacao are obliged to deliver these products despite alleging that it was all a mistake.
“Indecopi must not only fine the companies, but also dictate a corrective measure. And this is ‘deliver what you offered’. That is what article 44 of the Consumer Protection Code mandates, it is clear and express. Remember that I have participated in the writing of this. The binding effect of advertising is established, that means that what you offer you fulfill. So simple and clear. There is no room for interpretation, ”he explained for La República.
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In this sense, Delgado gives the following example: If you go to a store and find that a swimsuit is at S/ 10 and you want to buy it but at the checkout it tells you that it is S/ 120 because it was a mistake, this must be corrected. in the future and for other clients, but the buyer must sell it at the price indicated on the gondola; that is, to S/ 10. “This is how the binding effect of advertising works,” added the lawyer.
Apply the golden mean
The current president of Aspec, Crisología Cáceres, maintains that the Code refers to good faith between both parties at the time of a purchase, so if a user sees that a television — for example — for S/ 2,000 is sold to S/0.50, you must assume that this price does not correspond, however, the supplier has already made the offer and your duty is to comply with the transaction.
“The fair mean corresponds between the right to information provided by the provider and what may have happened. The company alleges a failure in the system, so a solution must be found so that both parties give in, ”he said.
Thus, Cáceres proposes to provide a solution like the one given by Plaza Vea when it experienced a similar situation: to register consumers who prove they have bought products with exorbitant discounts and give them greater benefits.
“For example, if you bought a TV for one sol, I’ll sell it to you with a 60% discount. It is not that it is not given with a 5% discount either. Companies must assume on acceptable terms. It is obvious that there has been a mistake but it was made by the company”, he concluded.
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