Shopee must explain to Procon the authenticity of goods

The Shopee ran a mega-promotion with commercials starring Jackie Chan on open television that ended last Thursday (9). But what was supposed to be a big positive marketing blow for the app may have had the opposite effect. This is because the advertised prices of some products are far below market practice and caught the attention of Procon-SP.

The campaign promised discounts of up to 80%, with free shipping with no minimum value. Among the highlights are Nike branded sneakers offered at prices starting at R$35, while similar models are sold for R$380 in the Brazilian market. In addition, it offered R$ 3 million in bonuses to new customers.

The inspection body wants to understand how the company was able to offer such low prices given the cost of production, the appreciation of the dollar and the Brazilian tax burden. “The platform should explain any smuggled or counterfeit products that were sold to consumers,” warns Fernando Capez, director of Procon-SP.

Promotion clarifications

Procon-SP wants Shopee to demonstrate the authenticity and origin of the products offered, as well as demonstrate the commercial, fiscal and tax regularity of the companies operating on the platform.

Information on the process used to ensure the quality and safety of the products was also required, such as conditions of use, inviolability of packaging, compatible expiration dates, among others.

The agency also asked for explanations about the promotional criteria, coupon distribution policy and the offer of free shipping. Shopee will need to demonstrate that its service channels work properly to receive and deal with customer demands, informing opening hours and average solution time.

Clarifications about the storage and processing of personal data were also requested. Procon-SP wants to know how to access the content of the website and the application, especially what information is needed to register and whether login and password are required for connection.

Liability in the sale of illegal products

Extremely low prices called the warning of illegal products from Procon-SP.  (Source: Shopee/Reproduction)Extremely low prices called the warning of illegal products from Procon-SP. (Source: Shopee/Reproduction)Source: Shopee/Reproduction

The marketplace platform has until September 17th (Friday) to deliver the answer. Although the Shopee considers, in its merchandise policy, that only sellers are responsible for the products and advertisements published, the Brazilian Penal Code says otherwise.

Depending on what is presented to Procon-SP, the platform may be held responsible for the sale of illegal products, with a fine and imprisonment from six months to two years.