Terms of sale — GPSR Responsible Person service

These terms supplement the general terms of the service. If there is a conflict, these terms prevail for the “GPSR Responsible Person” service (the “RP Add-on”).

1. Purpose of the RP Add-on

The RP Add-on allows the Client to appoint, as the Responsible Person established in the European Union under Article 16 of Regulation (EU) 2023/988 (GPSR), one of the legal entities operated through the service (the “Representative”). The Client, or “Principal”, is generally a business established outside the EU that places products on the European market.

1.1 Assigned entity

The service may rely on several legal entities established in different Member States. An entity is assigned according to the requested country, availability, product category and insurance scope. The exact identity, address and country of the Representative appear in the signed written mandate, which prevails for its appointment.

2. Subscription conditions

2.1 Prior review

Subscription is not automatic and is subject to application review. The Representative may accept, refuse or request additional information according to its procedures, insurance and business scope.

2.2 Written mandate

The service is activated only after a mandate is signed specifying, in particular, the parties, covered products or categories, quotas, term, fees and liability cap.

2.3 KYC / KYB

Activation may be subject to verification of the Principal’s identity, business, beneficial owners and required documents.

3. Excluded categories

Unless expressly accepted in writing in the mandate, excluded categories include:

• toys intended for children under 3 and childcare articles;
• cosmetics, food, food supplements and medical devices;
• weapons, explosives, pyrotechnics and pressure equipment;
• lithium batteries over 100 Wh and any category excluded by the Representative’s insurance.

The Principal must not use the Representative’s identity for an unaccepted or out-of-scope product.

4. Duties of the Representative

1. retain applicable documentation for the statutory period, generally 10 years;
2. make required documents available to authorities and cooperate with them;
3. cooperate in the event of an inspection, recall, withdrawal or Safety Gate notification;
4. perform the documentary review specified in the mandate and forward received alerts to the Principal;
5. provide the contact details to appear on the product, packaging, parcel or online offers as required by applicable rules.

5. Duties of the Principal

1. provide complete, accurate, authentic and current information and documents for each product;
2. immediately notify the Representative of any change, non-compliance, complaint or safety incident;
3. cooperate with corrective measures, recalls, withdrawals and authority requests;
4. maintain appropriate product-liability insurance and pay amounts due;
5. not use the Representative’s details after the mandate ends or for uncovered products.

6. Liability

The Representative’s liability is capped at the amount set in the signed mandate. It is neither the manufacturer nor the customs importer and is not liable for inherent product defects, false or incomplete documents supplied by the Principal, the Principal’s breach of obligations or indirect loss, except where mandatory law provides otherwise.

Any falsified document or concealment of a serious incident may result in immediate suspension or termination of the mandate.

7. Fees

Fees are communicated after review and confirmed in the offer or mandate. They may include a recurring fee, an SKU allowance and supplements based on volume, category or risk. Refund and proration terms are those set out in the mandate.

8. Term, suspension and termination

The term, renewal and notice period are set in the mandate. The Representative may suspend or terminate the service for non-payment, false documents, excluded products, serious risk or material breach.

When the mandate ends, the Principal must promptly remove references to the Representative and appoint a new Responsible Person where required. Statutory document-retention duties survive termination.

9. Confidentiality and data

Technical documents, KYC/KYB data and reports are processed to perform the mandate, meet legal obligations and respond to authorities. They are protected and retained for the applicable periods, including up to 10 years for certain GPSR documents.

10. Governing law and jurisdiction

The governing law and competent courts are those of the country where the appointed Representative is established, as stated in the signed mandate, subject to applicable mandatory rules. Where several mandates exist, this determination is made separately for each mandate.