Every offer and advertising must ensure correct, clear, precise, ostentatious information in Portuguese language about its characteristics, qualities, quantity, composition, price, guarantee of validity and origin, among other data, as well as about the risks to health and consumer safety.
Counter-advertising will be imposed when the supplier incurs the practice of misleading or abusive advertising. It is important that you know that everything that is promised in advertising the manufacturer must fulfill. If in the TV commercial, the toy promises to do a certain thing, don't settle for little. He has to do exactly what you saw in the advertisement. Otherwise you must report it, because it is misleading advertising. The intention is to deceive the consumer about the quality of the product, its durability, characteristics, price, risks to your health and safety, among other data that must be presented to the consumer, so you must report it.
Consumer protection agencies will be able to determine the counter advertisement so that correct information is transmitted regarding what was previously announced.
There is also abusive advertising, which is one that explores fear or superstition that incites violence, that discriminates or even takes advantage of the child's lack of judgment. Therefore, keep an eye on your child's behavior when watching any TV commercial, as if this commercial is misleading the child or behaves in a way that is harmful to their health and safety, the authorities must be notified so that the commercial can be withdrawn. donate. An example of this is worth remembering the commercial for a famous brand of children's sneakers in which a boy teaches the child-television viewer to "destroy" his old sneakers in order to win a new one like the advertisement. The commercial was removed from the air. Legal support: articles: 30, 36, 37, 67 and 68 of the CDC.
Your right to a guarantee is not written. Generally, toys do not have a warranty certificate, which does not mean that they do not have a warranty, on the contrary because it is a durable product, the term is 90 days. You will only lose the right to guarantee if the child breaks the toy due to misuse. But, in the event of any defect, the warranty is 90 days and you should seek the store or the manufacturer for replacement or repair of the toy. Also be aware of the following, it is not because a toy that may malfunction, example: you buy a children's CD player all colored, by the way, very beautiful, but the microphone works with disabilities, the sound comes out with a hiss, the recording is poorly made… these are defects that must be corrected, after all you paid for the product and According to article 31 of the Consumer Protection and Defense Code, the toy must have quality, among other obligations.
The guarantee term or equivalent must be standardized and clarify, in an appropriate manner, what the same guarantee consists of, as well as the form, the term and the place in which it can be exercised and the expense to be borne by the consumer. delivered duly completed by the supplier at the time of delivery accompanied by an instruction manual for installation and assembly and product risk in didactic language with illustrations and in Portuguese. In case the product supplier fails to deliver the warranty term to the consumer properly completed and with a clear specification of its content, it can be punished with the application of imprisonment from one to six months or a fine. Remember, when it comes to electronic toys, require the seller to test the product on the spot, make the demonstration of how it works and how it should be used.
Beware of imported products! They are also guaranteed and if the manufacturer is not identified, the dealer is equally responsible (articles 12 and 13 of the CDC). Liability for product addiction If an accident occurs with the child while handling a toy, either due to a defect in the toy or due to insufficient information regarding its handling, the manufacturer is liable for damages caused regardless of fault, including in the criminal sphere. it is necessary that the instruction manual must be written in Portuguese. Otherwise, the consumer should seek the nearest Police Station to denounce the health risks of the child and other consumers to the authority. Do you remember that toy “car” that along its tracks has a conductive iron for the cars to run?
Imagine a child sticking any metal in the track, there may be a short one. When the toy is imported, there must be a translation on the box, a manual in Portuguese, the name of the importer and his or her data (CNPJ, State Registration, etc.). Purchases outside the commercial establishment The consumer can withdraw from the purchase, within seven days, counting from the receipt of the product, whenever the contracting of supply of products occurs outside the commercial establishment, especially by telephone or at home, that is, when the seller is going to sell at home, at work, on the internet or by phone. Many consumers think they can buy a product at the store, take it home and then return to the store to exchange it. That right does not exist. Except in case the consumer agrees with the seller that the toy will be given as a gift and if the child does not like the toy or is repeated, which is very common especially at Christmas and birthday, he can return to the store to make the exchange. Of course, even so, the toy packaging cannot have been opened. Therefore, to avoid “headaches” later, ask the seller to write the exchange authorization on a store card. This promise must be fulfilled, otherwise it will characterize a false and misleading statement, a crime provided for in Article 66 of the Consumer Protection and Defense Code.