Official Journal of the Republic of Portugal

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					                  Official Journal of the Republic of Portugal
          Diário da República, 1.ª série — N.º 194 — 9th October 2007
                    Ministry of the Economy and Inovation
                             Decree-law n.º 331/2007


The consumer’s right to the information is a structuring right of all the legislation
about consumer protection and it is in the Constitution and Law No. 24/96 of 31
July (Law of Consumer Protection).

The information about the price and characteristics of goods and services, as well
as the conditions under which they are supplied or provided, is crucial to the
formation of consumers' willingness to hire, allowing to compare different options
and evaluate the best offers in the market.
The requirement to display the price of goods and services is stated in Decree-Law
No. 138/90 of 26th April, amended by Decree-Law No. 162/99 of 13th May.

In addition to this, now, certain requirements of information to consumers related
with the characteristics of the good and the conditions in which the same is
supplied, in the case of goods whose sale is held in a division, by unit or issue
(part), but that are part of a set quantitatively delimited, whose marketing period is
also temporally defined.

Thus, it is covered by this decree-law all the items or objects that have one or more
characteristics and purposes in common that is intended to be sold in units or parts
by economic agents with a certain periodicity, particularly simultaneously with
newspapers or other publications, having or not by goal the building a final good. It
is thus excluded from this decree-law the sporadic marketing of goods by units or
parts, not included in a set that awarding it sense and consistency.

The rules are defined on how this information should be conveyed to consumers
and is created a sanctions regime, adequate and deterrent, of administrative
offence nature.

Article 1º
Scope

This decree-law establishes the rules that must obey the promotion and marketing
of goods integrated in a set, quantitatively delimited, which have one or more
characteristics in common and whose distribution, temporally defined, is held per
unit or issue, particularly in simultaneous with newspapers or other publications,
having or not the purpose to build a final good.

Article 2º
Duties of economic agents
1 - The economic agents must indicate the price of each unit or issue that makes
up the whole of items or objects defined in the previous article, the total price of the
same, the number of units or issues which it is composed, its periodicity and date
of distribution, as well as its duration.

2 - The price of each unit or issue and the total price to be paid by the consumer
must appear on the cover or in the packaging of the same, with clearly visible
digits, clear and perfectly readable, and can still be part of a package leaflet.

3 - The information about the number of units or issues, it’s periodicity and the date
of distribution must also obey to the requirements established in the previous
number.

4 - The price by unit or issue, as well as the total price, must include the charges
and taxes paid by the consumer.

5- Verifying the interruption or the cessation of the goods mentioned in the
previous article, the publisher or the promoter of the marketing of the same is
required to refund, within 30 days from the date of the notification by the consumer,
the amounts already paid, on presentation of proof of the payments.


Article 3º
Advertising

1 - The advertising to the range of goods covered by the provisions of this Decree-
Law obeys to the rules and principles contained in the Code of Advertising.

2 - The advertising must also indicate in a clearly visible way, clear and
unambiguous, the number of units or issues that constitute the whole set of
marketing goods, its periodicity, the date of distribution and temporal duration, and
the price of each unit or issue and the total price to be paid by the consumer.


Article 4.º
Surveillance and preparatory inquiries

1-It is the Food Safety and Economic Authority that monitors the compliance with
the provisions of article 2º, as well as participates in the preparatory inquiries of
administrative offence.

2-It is the Directorate-General for Consumer that monitors the compliance with the
provisions of the previous article, as well as participates in the preparatory inquiries
of administrative offence.

Article 5.º
Administrative offence
1 - The offences of Article 2º and in the nº 2 of Article 3º are an administrative
offence punishable with the following fines:
a) ¤ 249.40 to ¤ 3740.98, if the offender is a natural person;
b) ¤ 29,927 to ¤ 2493.99, 87, if the offender is a legal person.
2- Negligence is punishable, being, in this case, the minimum and maximum limits
of the fine halved.

Article 6º
Imposition of the fines

1 – It is the Commission of Imposition of Fines on Economic and Advertising
Matters that applies the fines under this decree-law.

2 - The product of the fines provided for the preceding article reverts at 60% for the
State, 30% for the Food Safety and Economic Authority and 10% for the
Commission of Imposition of Fines on Economic and Advertising Matters.

Article 7º
Evaluation of the enforcement

At the end of the 3rd year from the date of entry of this Decree-Law, the
Directorate-General of the Consumer prepares an evaluation report about its
implementation and enforcement, and submits it to the member of the government
that guardianship the policy of consumer’s protection.

Article 8º
Entry into force

This decree-law enters into force 30 days after its publication.

Seen and approved by the Council of Ministers on July 26th, 2007
Promulgated on September 24, 2007.