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The Superintendency of Industry and Commerce (SIC) has just imposed a fine of $ 1,755,606,000 on the company Rappi SA.
According to the resolution that imposes the juicy sanction, Rappi violated consumer protection standards that regulate the quality of service provision, minimum information, public price information, misleading advertising, the availability of correct returns, abusive clauses, the legal obligations that arise during the development of distance sales and electronic commerce.
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For the SIC it is clear that the popular firm did not indicate to its clients in a sufficient, precise and truthful manner, the restrictions to access promotions and offers. In addition, it did not provide in a clear, sufficient, timely, accurate and truthful manner the information related to the prices displayed visually on its e-commerce platform, nor did it guarantee the right of consumers to only pay the advertised price.
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EL TIEMPO established that, between January 2019 and October 2020, the firm was sued before the SIC 1,405 times. And between April and October 2018 they presented 750 thousand complaints.
The fine is the highest that the norms foresee for this type of cinducts.
‘Unfair conditions’
The resolution of the SIC, in the hands of EL TIEMPO, indicates that its directives did not provide enough information corresponding to the returns
correct, since by including the return of returns in its business model
in “RappiCréditos” and not in the legal tender, he was obliged to report
sufficiently said provision, in order to guarantee the minimum information
for the adoption of reasonable and informed consumer decisions.
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In fact, it is noted that it included abusive clauses that limited its liability, implied waiver of consumer rights, presumed the manifestation of its will and restricted or eliminated its power to enforce the guarantees before Rappi.
Lack of information
And in another chapter of the sanction there is talk of a lack of key information for the consumer.
For example, it did not inform consumers in advance of the sale transactions through remote methods, the existence of withdrawal rights and the reversal of payment, or the processing of the same.
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In addition, it did not guarantee the right to reverse payments that assisted consumers, by not making timely refunds within the established legal terms.
It is also emphasized that Rappi did not guarantee the right of consumers to receive quality products and services, finding proven failures in the provision of after-sales services, such as: delays in the delivery of orders, cancellation of products, no application of coupons, non-refund of money, omission in loading the RappiCréditos, non-delivery of products, belly of products different from those requested or in poor condition, unjustified charges, among others.
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Did not follow observations
The sanction also indicates that the Superintendency sanctions Rappi SAS, for the non-observance of five of the seven orders issued in August 2019.
These sought to inform the origin of the right of withdrawal and reversion of payment, to have PQRS reception mechanisms that would allow monitoring of them, to adjust the contractual provisions of the terms and conditions, to inform the total price of the products including all additional costs without their modification being possible and the intervention of each one against the effectiveness of the guarantee being established in the agreements with the partners.
According to the Superintendency of Industry and Commerce, Rappí told him during the investigation stage that his mission consisted of being a contact portal; but it was evidenced that its business model really consists of being a provider of goods and services that it offers, markets and distributes, for profit, using an electronic platform.
(See here all the articles of the Investigative Unit of EL TIEMPO)
In any case, against the millionaire sanction, the remedies for reconsideration and appeal proceed, which Rappi can make use of immediately.In 2019, when a first alert was sent to Rappi, he filed guardianships that did not prosper.
INVESTIGATIVE UNIT
[email protected]
@UinvestigativaET
