Have you seen “Black Mirror”? Do not accept Terms and Conditions without reading

After an episode of Black Mirror you will never again accept the “Terms and Conditions” in the same way, without reading them

The first episode of the sixth season of the series “Black Mirror” attracted attention for the story of Joan (Annie Murphy), a seemingly normal woman who clicked ‘accept’ without reading, after meeting the famous “To continue, accept the Terms and Conditions”. But who has never done it?

The episode unlocked a new scare and got some fans of the series thinking. Some are sure that consumer protection agencies in Brazil would be able to fix the unusual situation of the character in the series. Will be?

But after all, what problems can accepting the “Terms and Conditions” without reading them cause, and what to do when faced with this situation?

What are the terms and conditions?

“Terms and conditions are the rules and regulations that govern the relationship between the consumer and the company in consumer contracts. They usually include important information, such as the price of the product or service, cancellation and refund policies, guarantees offered, the responsibilities of the parties involved and much more. Terms and conditions are usually written by the companies and can include clauses that are disadvantageous or unfair to consumers,” explains Issei Yuki Júnior, a lawyer specializing in consumer law.

After all, is it possible that the terms and conditions contain clauses that harm the consumer? According to the lawyer, yes.

“In most cases, terms and conditions are considered binding contracts, which means that by clicking ‘accept’, the consumer is legally obligated to comply with those terms. Terms and conditions are often used to limit liability company if there is a problem with the product or service provided. Therefore, it is essential that consumers fully understand the terms and conditions before accepting them, in order to protect their rights and interests,” he says.

Common clauses that harm the consumer

Some common provisions that may harm consumers include the disclaimer of warranties, limitation of liability, waiver of legal rights, the requirement to arbitrate rather than pursue legal proceedings, and the collection and use of personal data without the express consent of the consumer. consumer.

“These clauses can be harmful because they limit consumers’ rights and protect companies if there is a problem with the product or service they provide. For example, if a product is defective and the company has a clause excluding warranties, the consumer could not be entitled to a refund or repair,” warns Issei Yuki Júnior.

The attorney also comments that, however, it’s important to remember that not all clauses in the terms and conditions are harmful. Many clauses are needed to protect the business and ensure that consumers understand their obligations and responsibilities.

The key is to read the terms and conditions carefully before accepting them and fully understand what you are agreeing to. If there are terms that appear unfair or disadvantageous to the consumer, it is important to seek legal advice or consider choosing another supplier of products or services.

Restoration of something accepted without being read

Can the Consumer Defense Code revoke something that has been accepted without the consumer having read it?

“Yes, the Consumer Defense Code establishes that the consumer has the right to withdraw from a purchase or contract made outside the commercial establishment, such as online or telephone purchases, for example. This right of withdrawal is valid for a maximum of 7 consecutive days from the date of receipt of the product or subscription to the service, and the consumer can exercise it without the need for justification”, says the lawyer.

However, it is important to remember that the right of withdrawal does not apply in all situations. For example, you cannot regret purchases made in physical stores, customized or perishable products and services that have been fully provided.

Furthermore, the CDC also establishes that abusive or illegal terms in consumer contracts are void, i.e., without legal force. This means that, even if the consumer has accepted the terms and conditions without reading them, terms that violate the law or are considered unfair can be challenged in court.

Therefore, while it is important to read the terms and conditions before accepting them, the Consumer Protection Code offers protection to consumers in case of disadvantageous or illegal terms. It is always advisable to seek legal advice if questions or problems regarding consumer rights arise.

Expert advice

Issei Yuki Junior highlights some tips for consumers to take proactive steps to protect their rights and interests when it comes to terms and conditions in consumer contracts.

• 1. Read the terms and conditions carefully

It is important to read the terms and conditions carefully before accepting them. Make sure you understand all aspects of the contract, including pricing, cancellation and refund policies, guarantees and the responsibilities of the parties involved.

• two. Check for unfair terms

Be aware of terms that may be considered unfair or illegal. If you find an arrangement that seems unfair or disadvantageous, consider seeking legal advice or choosing another supplier of products or services.

• 3. Exercise the right of withdrawal

If you have made an off-premises purchase or service and regret it, remember that you have the right to withdraw from the purchase or contract within 7 calendar days of receiving the product or subscribing to the service .

• 4. seek legal advice

If you have any questions or concerns relating to your consumer rights, it is always advisable to seek legal advice from a consumer law solicitor.

“By following these tips, consumers can protect themselves from unfair terms and be sure that their rights are respected in consumer contracts,” concludes Issei Yuki Júnior.

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Source: Terra

Rose

Rose James is a Gossipify movie and series reviewer known for her in-depth analysis and unique perspective on the latest releases. With a background in film studies, she provides engaging and informative reviews, and keeps readers up to date with industry trends and emerging talents.