translated from Spanish: Court of Appeal confirms sentence to multistore for product delivery delay during Cybermonday 2016

The Santiago Court of Appeals upheld the ruling that convicted The company Comercial Eccsa S.A. (Ripley) for violating the law on the protection of consumer rights and ordered it to compensate for delays in the delivery of products purchased at Cybermonday in 2016.
The company filed an appeal in 2019, which was rejected by the high court. In addition, the Court ordered to compensate 216 affected consumers, with a reference amount of $22,905,740.
The figure was presented by the same company in the ‘ECCSA S.A. Compensatory Report’ in 2018. However, the ruling argues that “the respective legal adjustments and interests should be added, without prejudice to the same report”.
“This Court will be at the request made by the National Consumer Service in its appeal, so having established that there was delay in the delivery of the products to consumers, with the Compensatory Report referred to by the appellant, it is possible to determine and quantify for now compensation for the damage caused by each day of delay in delivery , for each of the consumers determined in this case, filed a complaint under the SerNAC Commercial Claims Base,” the resolution states.
The ruling of the Court of Appeals also partially overturned the judgment of June 7, 2019, issued by the Seventh Civil Court of Santiago. In particular, there will only be compensation for delays in delivery and not for damages.

Original source in Spanish

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