PT

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LEGAL REQUIREMENTS FOR THE ONLINE STORES OF THE JEWELLERY INDUSTRY

Applicable legislation: Article 64 – Automatic sales, distance selling or catalogue sales - of the Legal Regime of Jewellery and Assayers (Regime Jurídico da Ourivesaria e das Contrastarias, RJOC) (Decree-Law No 120/2017 of 15 September)

ONLINE STORES:

a) To contain the express indication that the articles are marked in accordance with the law, if applicable;
b) To contain the express information of the metal or metals which compose the articles with precious metal, the relevant standard of fineness, their weight, as well as, where appropriate, the type of gemmological materials that decorate them;
c) To provide in a visible manner, in digital support, the table of the marks of the Assayers, and, in case it is provided electronically, a link can be created to the Website of INCM (Empresa Nacional Casa da Moeda - Portuguese Mint) https://incm.pt/portal/uco_marcas.jsp 
d) To contain the express indication that the purchaser can, in case of doubt on the authenticity of the marks, use the services of the Assayers, for purposes of verification;
e) To provide indication of the name of the economic operator, tax identification number or VAT number and the number of the title of activity;
f) To provide or indicate, as the case may be, the link to the Website of Banco de Portugal through which the information on the daily price of gold, silver, platina and the palladium, can be accessed, pursuant to sub-paragraph a) of paragraphs 1 and 2 of the previous article;
https://www.bportugal.pt/taxas-cambio?mlid=828 

g) To provide a list of the valuers registered for consultation, managed and organised by INCM, in the cases of sale of used precious metal articles. https://incm.pt/portal/uco_ao.jsp

 

SPECIFIC ACTIVITY FOR THE PERFORMANCE OF THE ACTIVITY:
Art. 41. paragraph 1 

 

h) «Jewellery retailer»: sells directly to the public articles with precious metals, articles of special interest and used articles, in business premises, or through other methods regularly, in particular in fairs, as an itinerant activity or through means of distance communication;

 

 

REQUIREMENTS TO OBTAIN THE DUE LICENCE:
https://incm.pt/portal/uco_exercicio_ta_prev.jsp

 

WHAT ARE THE ELEMENTS NECESSARY TO PRESENT MERE PRIOR COMMUNICATION

Form duly completed with:

- Name or corporate name of the holder;
- Tax identification number or VAT number;
- Address of the domicile for tax purposes;
- Address of the business premises where the activity is performed and ancillary areas, as well as warehouses;
- Mode of sale without business premises, in particular in fairs, as an itinerant activity or through means of distance communication, if applicable;
- Website where the activity is performed, if applicable;
- Classification of the Portuguese Economic Activities concerning the main activity and ancillary areas;
- Code of access to the online certificate of commercial registration or statement on commencement of operation, depending if it is a legal person or a sole trader;
- Document testifying the ownership or legitimate occupation of the space where the performance of the activity is planned to take place;
- Declaration of good repute, concerning the applicant or, if it is a legal person, concerning the administrators, directors or managers;


For further information, please contact the legal services of AORP, through the usual channels.


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26 · 07 · 2018