I. Terms and conditions of the INCM online store

The purchase of Assay Office products from the online store is subject to the terms and conditions of the INCM online store, available at https://www.incm.pt/portal/loja_termos.jsp, with the following specific features:

A) Orders

  1. Paragraphs 3 to 6 of item 4- ORDER do not apply.
  2. The responsibility mark design is delivered by email after payment and no order cancellation is permitted.

B) Delivery periods

  1. Paragraphs 1 to 4 of item 6- DELIVERY PERIOD do not apply.
  2. The responsibility mark design is delivered by email within a maximum of 1 business day following the date of payment.
  3. The responsibility punch is produced following the receipt and verification of all other requirements established for its approval, as well as the production order.
  4. The responsibility punch is delivered within a maximum of 10 business days.

II. General Provisions

  1. A «Responsibility Mark» is a mark made by a responsibility punch, or laser engraved, identifying the entity responsible for putting the precious metal article onto the market.
  2. «One hour responsibility mark» consists of the purchase of a design pre-approved by the Assay Office, subject to the submission of, and compliance with all other requirements established for the approval of the responsibility punch, set out in article 28 of the RJOC .
  3. A «Responsibility Punch» is a punch containing the engraving identifying the entity responsible for putting the precious metal article onto the Portuguese market.
  4. A "Responsibility mark symbol" is the engraving identifying the economic operators, containing an exclusive design and one letter of the first name, the surnames or the company name (Article 25.).
  5. The responsibility punch is an exclusive and mandatory punch for the following licensed economic operators, under the terms of article 41, as laid down in article 26 of the same legislation:

      a) Jewellery manufacture;

      b) Jewellery artist;

      c) Tester-smelter;

      d) Jewellery wholesaler, when he marks precious metal articles from other countries, which are not legalised for the purpose of putting them on the market;

      e) Jewellery retailer, with or without an establishment, when he marks precious metal articles from other countries, which are not legalised for the purpose of putting them on the market;

      f) Importer of precious metal articles.

  6. The use of the responsibility punch outside the cases envisaged in the RJOC is expressly prohibited.
  7. The use of the "Responsibility mark" is the exclusive responsibility of the respective owner, who shall be liable for the following:

      a) Any manufacturing defects in precious metal articles that are not picked up by Assay Office tests and trials;

      b) Lack of uniformity between the different precious metal articles in the lots submitted for testing, or for the incorrect marking of these articles by the Assay Office, for this reason;

      c) Any flaws introduced into precious metal articles after their respective marking, with the proven knowledge of the owner of the responsibility punch;

      d) Putting previous metal articles exempt from Assay Office marking onto the market, with just the responsibility mark of their owner.

  8. The responsibility punch may only be used by economic operators licensed under the terms of article 31, following the cumulative verification of the following requirements stated in article 28:

      a) Submission of an exclusive design, in accordance with the requirements set out in article 25;

      b) Submission of the elements of inquiry envisaged in item 2 of article 28, available at https://www.incm.pt/portal/uco_matriculas.jsp?tipo=12

      c) Verification and approval by the Assay Office of the items stated in the two previous items;

      d) Submission and approval of the responsibility punch in accordance with the design previously approved by the Assay Office, and represented in a legible manner;

      e) Taking possession of the responsibility mark and the signing of the corresponding liability terms by its owner.

  9. Licences for jewellery activities and manufacturing, jewellery artists, testers-smelters and importers of precious metal articles may only be granted after possession has been taken of the respective responsibility punch (https://www.incm.pt/portal/uco_exercicio.jsp)

III. «Immediate responsibility mark»

  1. The INCM makes available a «Catalogue of responsibility marks», that meet the legal requirements provided in article 25.
  2. The aforementioned designs have been pre-approved by the Assay Office and may be acquired by paying the respective price.
  3. Purchasing the responsibility mark design is not an exemption from complying with all other phases of the responsibility punch approval procedure, following payment of the respective rate provided for in article 2, item 1 of Directive no. 403-B/2015, of 13 November.
  4. Thus, for the approval of the responsibility punch, under the terms of article 28, the owner of the design must submit it, along with all other elements of inquiry indicated in item no. 2 of the same article, available on our website at https://www.incm.pt/portal/uco_matriculas.jsp?tipo=12,
  5. The responsibility punch approval request may be hand delivered for approval at any of the assay offices, or sent by email to:

      Lisbon Assay Office, Edifício Casa da Moeda, Av. António José de Almeida 1000-042 Lisboa; telefone: 217 810 710; fax: 217 810 726; contrastaria.lisboa@incm.pt

      Porto Assay Office, Rua Visconde de Bóbeda - 4000-109 Porto, telefone: 225 198 100; fax: 225 198 147; contrastaria.porto@incm.pt

  6. For the effects of the approval of the responsibility punch under the terms of line d) of paragraph 6 of Article I - General Provisions, the owner of the responsibility design may either request that the Assay Office manufacture the punch, or submit a punch to the Assay Office for confirmation that it is an accurate reproduction of the approved design.
  7. Once the punch has been approved, under the terms of item 6, article 28, the Assay Office notifies its owner so that they can take possession of it and sign the corresponding terms of liability for its use.

IV. Ownership, Registration and Use

  1. Ownership - The acquired design is the exclusive property of its owner, and it is used under their exclusive responsibility.
  2. Registration of the responsibility mark - Once possession has been taken of the responsibility mark, it is registered in the name of its owner.
  3. Use of the responsibility mark - The responsibility mark may only be used to mark precious metal articles after its owner has been approved to carry out the respective activity; obtaining the approval of the punch is a prerequisite to this effect, as is holding a licence for one of the activities stated in article 26.
  4. Limitation of Liability - The INCM is not liable for any improper use of any responsibility mark design appearing in the catalogue that it makes available, or for its reproduction.
  5. The INCM guarantees that the "responsibility mark" designs available in the catalogue are exclusive and that they constitute unique examples, as "responsibility marks".
  6. Amendments - The INCM reserves the right to amend these conditions, whenever it deems appropriate.