The National Institute for the Defense of Competition and the Protection of Intellectual Property (Indecopi) sanctioned the company Homecenters Peruanos SA (Promart) with a fine of 30 UIT, equivalent to S/148,500, because it did not provide important information to its buyers about the characteristics of 124 Smart TVs that it offers through its website.
According to the resolution issued by the Special Chamber in Consumer Protection of said entity, the company violated two articles of the Consumer Protection and Defense Code that are related to the right of users to access timely and accessible information, as well as the obligation of the supplier to offer relevant data for making an appropriate choice. If you want to know all the details of this legal provision, continue reading this note from La República.
Indecopi sanctions Promart: what does the resolution say?
In accordance with resolution 2672-2023 of the Specialized Consumer Protection Chamber of the Indecopi Court, the complaint filed by the Nouvelle Défense Consumer Association against Homecenters Peruanos SA is declared founded because it violated articles 1, literal b and 2.1 of the Consumer Protection Code, by not providing important information on its website to consumers regarding the characteristics of 124 smart televisions such as the capacity of RAM and storage, the type and version of the operating system, the generation of the processor and the year of manufacture of the product.
Likewise, the Court sanctioned Promart with a fine of 30 Tax Units and ordered it, within 30 days, to comply with including Smart TV in its television offers, which it makes through its digital platform. , all the information related to its particularities that allows consumers to make the best decisions to choose a product.
Finally, the Specialized Consumer Protection Chamber of Indecopi sentenced Homecenters Peruanos SA to pay the costs and costs of the procedure in favor of Nouvelle Défense and ordered it to present to the South Lima Headquarters No. 2 of the Protection Commission to the Consumer the evidence that proves compliance with the corrective and remedial measure within a maximum period of five business days, which are counted from the expiration of the date granted for said purpose.
Indecopi: what does the complaint against Promart consist of?
On April 6, 2022, the Nouvelle Défense Consumer Association filed a complaint against Homecenters Peruanos SA and other suppliers because said company did not provide relevant information about its televisions known as Smart TVs that it offered on its website. According to the association, they found slow products that could not load apps at speed and did not support larger storage.
Likewise, since the operating system was not indicated, the apps that the buyer wanted could not be downloaded, either due to lack of space or compatibility with the version of the television. In that sense, the complainants considered that the user deserved not only to know that their Smart TV had applications such as Netflix, YouTube or Amazon, but also that they could be used in the medium or long term without problems.
In response to this, Homecenters alleged that it did provide essential information for the purchasing process and that to send any additional information to that stated on its website, it made its WhatsApp channels, telephone numbers, among others, available. According to said company, it was not the supplier of all the questioned televisions that appeared in the advertising, since others were sold by third parties.
Although the Consumer Protection Commission – Lima Sur Headquarters No. 2 declared the complaint against Promart unfounded, the complainants appealed and managed to get the Indecopi Specialized Consumer Protection Chamber to revoke said resolution. To adopt this decision, the Court evaluated all the relevant information and considered the interests of an average consumer in the market, as well as the nature of these Smart TVs.
Source: Larepublica
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