Netshoes will compensate customer for not refunding canceled purchase

The Court of Justice of São Paulo (TJ/SP), through the 30th Private Law Chamber, ordered Netshoes to pay R$5,000 in moral damages to a customer who was not reimbursed after returning a product, even after having exercised her right to cancel. The panel based its decision on the theory of productive deviation, which considers the loss of time by the consumer to resolve problems caused by the company as eligible for compensation.

Image/reproduction: Netshoes

According to the records, the customer's claim for compensation was partially accepted, with the company being ordered to refund R$76.09, with interest since the cancellation of the purchase. After eight months without a refund, the woman filed a lawsuit, also seeking compensation for moral damages.

The rapporteur of the case, Judge Maria Lúcia Pizzotti, argued that the company's behavior constituted negligence, that is, negligence during and after the execution of the contract. For her, there was a clear violation of objective good faith, provided for in article 422 of the Civil Code, which imposes the expectation that the parties fulfill their obligations diligently and respectfully. By failing to refund the amount, Netshoes caused unnecessary inconvenience to the consumer, who was forced to invest time and effort to resolve the company's error.

The decision highlighted that the company's failure not only affected the customer materially, but also affected her psychologically, due to the frustration and loss of time in the problem-solving process. The company's stance went beyond mere annoyance and violated the consumer's personal rights, which are protected by the Federal Constitution.

This decision reinforces the importance of companies complying with their contractual obligations, especially in the e-commerce sector, and brings to light a crucial point for Fashion Law: customer service. Fashion brands, especially those operating online, need to ensure a transparent and efficient shopping experience. Failure to comply with consumer rights can result in compensation, damage to the brand's reputation and, more seriously, loss of consumer trust.

The Netshoes case serves as a warning to fashion companies, which must be aware of consumer rights and the importance of maintaining commercial relationships based on objective good faith and respect for the customer.

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