New sales and promotions rules

As the end of the year approaches, it is common for economic retail trade operators to boost their sales through several campaigns like sales or settlements. However, these type of actions obey to some rules. According to Decreto-lei nº  109/2019 that introduce alterations to D.L  Nº  70/2007 from March 26 covering commercial practices with price reductions, these establish new rules related to sales and promotions, as well, as simplifies the procedures to be fulfilled by  merchants in communication of sales and promotions to ASAE. These rules came into on October 13, 2019. It´s imperative the merchants communicate beforehand to ASAE the transactions sales or in sale off, happen in a physical or online place. Should communicate with 5 working day of precedence (sales case) or 15 working days (sales off case). These can be communicated from the online service “Balcão do Empreendedor” or by any other legally admissible way. ASAE also receives by other ways, like the form that is available in the ASAE´s site (Declaração de comunicação) sending the form by email or any other form of communication. According to new rules established by Decreto-Lei nº  109/2019 the communications of balances and settlements is now carried out through the Portal “e.Portugal” from June 30 , 2020, contrary to what is currently practiced until that date. Similarly, is also required refer the address in the communication and, in case of distance selling, referring the URL (electronic address) Sales and promotions rules It is now possible realize promotions simultaneously with a sale on sale, something that previously, was not possible. On the other hand, it is still possible to make promotions anytime considered by merchants. So, the sale on sales can be performed anytime, since that do not exceed the duration of 124 days a year. Price – What are the Rules? The announced price reduction must be real, by reference to the lowest price previously practiced to the same product or, when it was a previously non-commercialized product by the economic agent, by reference to the price to be charged after the reduction period. The lowest price previously practiced is the lowest value, which the product was sold, out of sales or promotions, in the 90 days prior to the day on which it is offered for sale on sale or on promotion. The trader must provide documentary proof of the price previously charged. If we used more advantageous conditions than those used in sales periods without price reduction, proof that the advantage is real and achievable. According with new rules, sales are sell products with a lower price than the lowest previously practiced at the same commercial establishment. It was given a new definition to promotions, it is the sale promoted with the objective of promoting the sale of certain products or the launch of a product not previously marketed: At a price lower than the lowest price previously practiced  or with advantageous conditions than those used in sales period without price reduction, practiced in the same commercial establishment; or In the case of being a previously non-commercialized product, at price lower than the price to be charged after the reduction period or with more advantageous conditions than those used after this period.   This information should not be exempt from consulting the official document.