Euify OSS B.V. General Product Safety Regulations (GPSR) Terms

V1.1

​​

These Euify OSS B.V. GPSR Terms govern the Client’s use of Euify OSS B.V. to act as a Responsible Person (RP) within the European Union. These General Product Safety Regulations (GPSR) Terms are in addition to (i) the Euify OSS B.V. General Terms and Conditions located at www.euify.eu (the “General Terms”).
 

Any capitalized terms used and not defined in these Euify GPSR Terms have the meaning given in the General Terms. For Euify OSS B.V GPSR, any references in the Agreement to “Euify” or “Euify OSS B.V.” will be deemed to be to “Euify OSS B.V.,”.

The following appendix constitutes part of these General Product Safety Regulations (GPSR) Terms:

​

Appendix A – Information and Documents Required Per Transaction

 

1.     Definitions.

 

“Euify OSS B.V. GPSR Terms” means this agreement and the Service as defined in Regulation (EU) 2023/988 whereby Euify OSS B.V. is appointed by the Client to be a Responsible Person within the European Union and to fulfil its obligations as a Responsible Person (RP) as laid down in this in the name and on behalf of the Client.

 

“EU” means the European Union.

 

“Client or Manufacturer”
Any natural or legal person that either places a product on the EU market under their own name or trademark or substantially modifies a product in such a way that conformity with the requirements of this Regulation might be affected, should be considered to be the manufacturer and should assume the obligations of the manufacturer.

 

“GPSR” means the General Product Safety Relations - Regulation (EU) 2023/988 of the European Parliament on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council and Directive (EU) 2020/1828 of the European Parliament and the Council, and repealing Directive 2001/95/EC of the European Parliament and of the Council and Council Directive 87/357/EEC

“Responsible person” means, (i) an economic operator based within the Union who acts on behalf of the legal entity not established within the Union, as a Responsible Person for the obligations of Article 16 of GPSR and the purpose of GPSR.

 

“Labelling or Label”
For the purpose of GPSR, the name, registered trade name or registered trade mark, and contact details, including the postal and electronic address, of the economic operator and the manufacturer referred to in Definitions shall be indicated on the;
 

a.     product or on its packaging,

b.     the parcel or an accompanying document.

“Responsible person” ;
 

Euify OSS B.V.
T.A.V. (Your Company/Brand name)
Prinses Margrietplantsoen 33
2595 AM, Den Haag
The Netherlands
GPSR@euify.eu
 

“Manufacturer”;
 

Client Details including electronic contact address.

​

2. Euify GPSR. 
 

a. The Client appoints Euify OSS B.V. as the Client’s exclusive Responsible Person (RP) within the EU.

b. Activities include
 

a.     obligations as Responsible Person (RP) as detailed under Article 16 of GPSR.
 

b.     gives permission to allow the client to use, print or of electronic use, the name and contact details of the Responsible Person for the purposes of GPSR.
 

c.     assisting the Client to comply with GPSR requirements and obligations as Euify OSS B.V. determines to be appropriate
 

d.     cooperate with market surveillance authorities and the manufacturer to ensure a product is safe.
 

4. Euify OSS B.V.’s Rights.
 

a. Euify OSS B.V. may engage any Euify OSS B.V. Affiliate or any third party, including Third-Party PSP, as subcontractor to perform certain obligations under these Euify OSS B.V. GPSR Terms. Euify OSS B.V. is responsible for compliance with and performance of these Euify OSS B.V. GPSR Terms when acting as agent or subcontractor, and the Client shall bring any claims it may have solely against Euify OSS B.V. and not against such Affiliate. The Client will provide Euify OSS B.V. or third parties with any documentation or agreement required to permit them to perform GPSR obligations.
 

b. Euify OSS B.V. may, in its discretion, impose rules or limits for, or change, suspend, or discontinue any aspect of Euify OSS B.V. GRPS terms at any time.
 

i. If Euify OSS B.V. identifies any questions or ambiguities related to the Client’s activities.
 

ii. Euify OSS B.V. may consult or negotiate with the applicable market surveillance authorities for compliance and matters arising under the Agreement. Euify OSS B.V. will charge for such services at its then-standard rates. Euify OSS B.V. shall, after consultation with the Client, be entitled to engage third parties to handle claims and negotiations with the applicable authorities, all of which will be at the additional expense and risk of the Client.
 

iii. Euify OSS B.V. may modify these Euify OSS B.V. Terms and conditions at any time upon 30 days’ prior written notice. Euify OSS B.V. may change or modify these Euify OSS B.V. Terms at any time with immediate effect

(a) for legal, regulatory, fraud and abuse prevention, or security reasons;

(b) to change existing features or add additional features to Euify OSS B.V. GPSR (where this does not materially adversely affect the Client’s use of Euify OSS B.V. GPSR); or

(c) to restrict products or activities Euify OSS B.V. deems unsafe or inappropriate. The Client’s continued use of Euify OSS B.V. GPSR after the effective date of any change to the Euify OSS B.V. GPSR Terms will constitute the Client’s acceptance of that change. If changes are unacceptable to the Client, the Client shall cease using Euify OSS B.V. GPSR and may terminate the Euify OSS B.V. GPSR Terms by providing written notice to Euify OSS B.V. at any time prior to the effective date of change.

5. The Client’s Obligations.

In regard to the GPSR the client has certain obligations and these are:-
 

a. Ensure your products are safe before market launch. Conduct an internal risk analysis and create technical documentation with a product description and essential safety characteristics.

​

Where applicable, include:

 

- Analysis of risks and solutions, including test reports.

- Relevant European standards.

b. Identify and apply partially applied European standards, health and safety requirements, and mark applied parts.

c. Keep technical documentation up to date for 10 years after market launch for market surveillance authorities.

d. Ensure procedures are in place to maintain product conformity with subsequent products to ensure safety.

e. Ensure their products have easily visible and legible identification elements or provide required information on packaging or accompanying documents where size or nature prevents it.

f. Include your name, registered trade name or mark, postal and electronic address, and single contact point (if different) on the product or packaging.

g. Provide clear, consumer-understandable instructions and safety information in the language determined by the Member State where the product is available. This doesn’t apply where the product can be used safely without such instructions.

h. If you believe a product, you’ve marketed is dangerous, take corrective measures like withdrawal or recall, inform consumers and market surveillance authorities, and provide details about consumer health and safety risks, corrective measures, and available product quantities by Member State.

i. Inform other economic operators, responsible persons, and online marketplaces about safety issues you find.

j. Make publicly available complaint channels, considering accessibility needs, for consumers to submit complaints and report product accidents or safety issues.

k. Investigate complaints and information on accidents involving their allegedly dangerous products, and maintain an internal register of complaints, recalls, and corrective measures.

l. Inform Euify of any new products that are placed on the EU market so that Euify can do the obligations of Article 16.

6. The Client’s Representations and Warranties.
 

a. The Client represents and warrants that none of the Client, any of its Affiliates, or any of their respective officers, directors, owners, employees, representatives or agents (the “The Client Affiliated Parties”) is or has engaged in, been charged with or indicted for, or convicted of, any “criminal activity” as defined in Article 2 of the Directive (EU) 2018/1673 of the European Parliament and of the Council of 23 October 2018 on combating money laundering by criminal law. Subject to this definition, for these purposes, “criminal activity” generally means any kind of criminal involvement in the commission of any offense or crime punishable, in accordance with relevant national law, by deprivation of liberty or a detention order for a maximum of more than one year or, as regards EU member states that have a minimum threshold for crimes or offenses in their legal systems, any crime or offense punishable by deprivation of liberty or a detention order for a minimum of more than six months.

b. Unless the Client notifies Euify OSS B.V. to the contrary in writing, the Client represents and warrants that none of the the Client Affiliated Parties is a Politically Exposed Person (“PEP”) as defined by the Financial Action Task Force and which definition is located in the document available at https://www.fatf-gafi.org/documents/documents/peps-r12-r22.html. The Client represents and warrants that none of the the Client Affiliated Parties are under sanction, prohibition, or restriction from the United Nations, the EU, any other EU member states, Canada, or the United States.

c. The Client represents and warrants that all information and documentation provided to Euify OSS B.V. under these Euify OSS B.V. GPSR Terms, including in relation to Payment Services and to fulfil its obligations under Section 5, are true, correct and complete.

d. The Client’s representations and warranties in this Section 6 are deemed to be made continuously throughout the Term, and the Client will immediately provide written notice in reasonable detail to Euify OSS B.V. at any time that such statement ceases to be true, correct, or complete during the Term.

7. Termination and Suspension.
 

a. Notwithstanding anything to the contrary in the Terms, the Client acknowledges that Euify OSS B.V. may, at its option, terminate the Agreement and the Client’s use of Euify OSS B.V. for cause at any time. Grounds for termination for cause include but are not limited to the following:

The Client suffers from an insolvency event, i.e.

(a) upon the filing of any voluntary petition by the Client under any bankruptcy laws;

(b) upon the filing of any involuntary petition against the Client under any bankruptcy laws that is not dismissed within sixty (60) days after filing;

 

(c) upon any appointment of a receiver for all or a substantial portion of the Client’s business or operations;

 

(d) upon any assignment of all or substantially all the assets of the Client for the benefit of creditors; or

 

(e) in the event of a change of control over the Client.

i. The Client has violated any Applicable Laws, prior to or during the Term;

ii. The Client breaches the Agreement (including these Euify OSS B.V. GPSR Terms).

iii. if a power of attorney granted by the Client to Euify OSS B.V. terminates, or any appointment of Euify OSS B.V. is terminated for any reason; or

b. Upon any termination by Euify OSS B.V. under Section 7(a), Euify OSS B.V. will not refund any amount of fees to the Client. Euify OSS B.V. expressly disclaims liability for any damages the Client incurs related to such termination. In the event of such termination Euify OSS B.V. may terminate the Client’s use of any other product or service offered by Euify OSS B.V. or any Affiliate immediately upon written notice.

 

8. Autorenewal and Notification of Contract Termination.

Euify OSS B.V. initial contract runs for twelve months. This contract will automatically renew every 6 months unless notification to terminate the clients' contract is given in writing before the end of the current contractual period. 

9. Fees.

 

(a) Invoices or other Order Documents specifying fees may be issued and sent to the Client by Euify OSS B.V., an Affiliate, or on behalf of Euify OSS B.V. by Third-Party PSP or another service provider.
 

(b) The Client authorizes Third-Party PSP to collect subscription fees and pay such amounts to Euify OSS B.V., provided that the Client may also pay such amounts to Euify OSS B.V. directly. Any subscription fees collected by Third-Party PSP may be deducted from amounts that Third-Party PSP holds on behalf of the Client. If the Client is required to report transactions that occurred prior to the Client’s appointment of Euify OSS B.V. under these Euify OSS B.V. GPSR Terms, these backfiling services will be considered an ancillary service.

10. Further Limitations of Liability.
 

a. Euify OSS B.V. GPSR is made available to the client on an “as is” and “as available” basis, unless otherwise specified in these Euify OSS B.V. GPSR terms. To the fullest extent permitted by applicable laws, Euify OSS B.V. disclaims all warranties express or implied, including the implied warranties of merchantability, noninfringement, and fitness for a particular purpose. Euify OSS B.V. Specifically disclaims any representations or warranties that (a) any governmental information (including without limitation information regarding tax rates or the applicability of certain taxes), or (b) any information imported from any other application, site, or service, is accurate, complete, current, or applicable to the client or its business.

b. nothing in this agreement shall be construed as limiting either party’s liability for death or personal injury caused by negligence, for fraud or for fraudulent misrepresentation or any other liability which cannot be excluded or limited by law. The remedies described in this section are the Client’s only remedies for any breach of warranty or any other claim. Euify OSS B.V.’s total liability arising out of Euify OSS B.V. GPSR, whether on warranties, claim of negligence, or otherwise, shall not, in any case, exceed the amount paid by the client to use Euify OSS B.V. GPSR during the twelve-month period preceding the events giving rise to the claim.

 

11. Governing Law
 

The substantive law of The Netherlands shall govern these EUify OSS B.V. GPSR Terms. The language to be used in the proceedings shall be Dutch.

 

12. General.

a. By using Euify OSS B.V.  or sending electronic messages to Euify OSS B.V., the Client is communicating with Euify OSS B.V. electronically. Euify OSS B.V. may be required by law to send the Client communications about Euify OSS B.V.  or third-party products or services and will do so in accordance with its then-current privacy policy. By registering for Euify OSS B.V., sending Euify OSS B.V. an electronic message, or otherwise communicating with Euify OSS B.V., the Client has agreed to communicate with Euify OSS B.V. electronically.

b. Any reference in these Euify OSS B.V. GPSR Terms to the “discretion” of Euify OSS B.V. means the “sole and absolute discretion” of Euify OSS B.V..

c. The Client may not assign these Euify OSS B.V. GPSR Terms without the prior written consent of Euify OSS B.V.. Euify OSS B.V. may assign all or any part of these Euify OSS B.V. GPSR Terms to any other party upon notice to the Client.

​

Version 1.1 – 25-October-2024