By João Guilherme Rossi
The great increase in the utilization of delivery apps has raised the question about the necessity of regulating those activities in relation to their users, deliverers, partners, among others. The sector is on the rise and a Colombian startup, which is a leader in Brazil, received US$ 1 billion from a Japanese group, and it has shown a 30% growth per month. Yet, according to the same company, it´s estimated that there are 1 million users in Brazil connected just to them.
Note that the public authorities haven´t regulated the activities of those apps in Brazil, and there is a constant questioning regarding addressing the users´s complaints, even between companies and apps. Normally, the user ends up filing a complaint in the app itself. However, the user has, according to the law, freedom to solve the issue with any of the providers, either the company or the app itself.
It´s important to highlight that users are recipient-user customers of products and services from both companies, app and seller. It means that the suppliers have joint responsibility regarding the sales and the service provided in the face of any vices and damages. Note that this understanding is a determination provided by the Brazilian Consumer Defense Code, which establishes joint liability of the supplying chain concerning the consumer, protecting the most fragile party in the relation. Actually, they are all accounted for objectively compensating eventual damages, that is, it is not necessary to prove guilty in order to configure compensation duty.
So, it´s important to highlight to the consumers and to the companies involved that, when those companies make arrangements to work as partners, both share joint responsibility for damages. They can be sued by costumers to solve problems, although it´s more common the first complaint or charge be addressed to the company that made the direct sale or the immediate service provision, that is to say, the app.
João Guilherme Rossi at Almeida Prado & Hoffmann Advogados Associados office.