Justice understood that both sides are to blame for the failure of the deal concluded between the companies
The company Vivaleik Serviços Artísticos, whose owner is the socialite Val Marchioriwas sentenced by the Justice of São Paulo to pay BRL 200 thousand for the company GYP Comércio Varejista Cosméticos for not fulfilling a virtual marketing contract with an influencer.
According to the lawsuit, the contract required Val’s company to promote advertisements for the contracting company’s products on the influencers’ social media profiles, which it did not do.
Despite Vivaleik’s conviction, Val was also victorious in the trial, as the court understood that both sides are to blame for the business’s failure and that the socialite should return only half of the investment. It is still possible to appeal to the defense of Val’s company.
Among the requirements of the agreement, the Vivaleik company pledged to provide 135 famous influencers with 60 million followers to advertise the brand’s products, but only 18 influencers did the job. The defense argues that the company had six months to comply with the request, and it was still a month away.
A high financial return was expected with the outreach among influencers, but the online platform that is supposed to be maintained by Val’s company would not be maintained and would experience problems, according to the actor.
Financial Feedback
The company had promised to pay R $ 1 million in 10 installments of R $ 8,000, plus R $ 200,000 in credits to be paid in products. As compensation, he asked for the restitution of 367,560 thousand reais, in addition to a 50 thousand reais fine and non-material damages of 40 thousand reais.
Val Marchiori’s defense claimed that it did not guarantee any financial income or a minimum number of reachable users and that the company was responsible for the failure of the partnership.
The directors of GYP were accused of being inaccessible and that the production of content for dissemination should be their responsibility, which would not have fulfilled the contract properly.
Val Marchiori also assumed and requested the termination of the contract due to the company’s fault, with a fine of R$ 50 thousand and a deduction of R$ 400 thousand initially paid as gloves.
Court decision
In a decision, Judge Priscilla Bittar Neves Netto, of the 36th Civil Court of São Paulo, says that “it is not controversial that the plaintiff hired the defendant with the aim of providing a wide range of digital influencers who had a large number of followers for promoting their beauty products on social networks”.
After listening to witnesses, the judge understood that Val has been constantly trying to integrate the digital platform, influencers and the company, but this has not happened due to delays on the actor’s part.
Additionally, Val held an event to publicize the partnership with the company, and the judge understood that the socialite has fulfilled part of her contractual obligation. Having achieved almost half of what was promised, in five months, before the deadline expired, the judge decided, on the basis of criteria of reasonableness and proportionality, that Val could keep 50% of the amount already paid, i.e. R $ 200 thousand , and must return the rest, with interest and monetary corrections.
OR Earth contacted the Val Marchiori press office, but received no response until this report was published. The space remains open for demonstration.
Source: Terra
I am Amanda Gans, a motivated and ambitious professional in the news writing industry. With over five years of experience in this field, I have developed an eye for detail and an ability to craft stories that captivate readers. I currently write for Gossipify, where I specialize in beauty & celebrities news. My passion lies with exploring the world of beauty through writing, interviewing experts and developing articles that are both informative and entertaining.
