Terms of Service
1. Nature of Service
The Service provided by EU GPSR is administrative and technical in nature. The Provider acts solely as an EU Authorized Representative (Responsible Person) under the General Product Safety Regulation (EU) 2023/988, which has been applicable since 13 December 2024.
The Provider does not offer legal, regulatory, or product safety advice. The Provider's role is limited to:
- Accepting appointment as the EU Responsible Person for the Client's products
- Providing an EU-based postal address for product labeling and marketplace listings
- Receiving and forwarding communications from EU market surveillance authorities
- Maintaining technical documentation on behalf of the Client as required by GPSR
The Provider does not test, inspect, certify, or evaluate the safety of any products unless a separate inspection or compliance review service has been explicitly agreed upon.
2. Client Data
The Client warrants that all information provided to the Provider is accurate, complete, and up-to-date. This includes but is not limited to: company name, registered address, contact details, product descriptions, technical documentation, test reports, and certificates of conformity.
The Client must promptly notify the Provider of any changes to the information provided, including changes to product specifications, company details, or regulatory status. The Provider bears no responsibility for errors, delays, or regulatory consequences arising from incorrect, incomplete, or outdated data supplied by the Client.
3. Product Liability
The Client remains solely and fully responsible for the safety, quality, design, manufacture, and regulatory compliance of their products. The appointment of the Provider as EU Authorized Representative does not transfer any product liability from the Client to the Provider.
The Provider's role as Authorized Representative is limited to acting as a contact point for EU market surveillance authorities. The Client shall indemnify and hold harmless the Provider against any claims, damages, or costs arising from product defects, safety issues, or non-compliance with applicable regulations.
4. No Guarantees
The Provider does not guarantee:
- Issuance of the EU Responsible Person address itself. Issuance is contingent on successful verification (see Section 4a)
- Any specific timeline for activation. Activation typically takes 1–5 business days after receipt of complete, compliant documentation, but may take significantly longer or never complete if documentation fails verification
- Regulatory approval of any products by EU or national authorities
- Acceptance of products or listings on any marketplace (Amazon, eBay, etc.)
- Product compliance with GPSR or any other EU regulation
- That products will not be subject to market surveillance actions, recalls, or restrictions
The service is the verification work itself — preparation, document review, regulatory verification, and EU-based correspondence. A negative verification outcome (i.e. refusal to issue the EU address due to non-compliance, inconsistency, or unverifiable authenticity of Client documentation) is a valid service deliverable. Compliance with all other regulatory requirements remains the Client's responsibility.
4a. Address Issuance Subject to Verification — No Guarantee of Issuance
The Provider's professional fee covers preparation, document review, regulatory verification, and EU-based correspondence work. The fee does NOT guarantee that the Provider will issue the EU Responsible Person address (Written Activation Confirmation) to the Client.
Issuance of the EU Responsible Person address is contingent upon successful completion of all verification steps required by EU law, including but not limited to:
- Authenticity verification of the Client's manufacturer documentation (Declaration of Conformity, test reports, technical file)
- Identity and authority verification of signatories named in the Client's submitted documentation
- Verification of the Client's manufacturer in the relevant national business register
- Audit of the Client's marketplace listings for material inconsistencies with submitted documentation
- Absence of material indicators of document forgery
Under Article 4(3) of Regulation (EU) 2019/1020, the Provider (as Authorized Representative) is required to verify that the EU declaration of conformity and technical documentation have been drawn up (and to keep the declaration at the disposal of market surveillance authorities for 10 years after the product is placed on the market). Where, in the Provider's professional judgment, the Client's documentation has not been properly drawn up, is inconsistent, or shows material indicators that it was not produced by the named manufacturer, the Provider must decline to act and refuse issuance of the EU Responsible Person address (in line with the Provider's professional duties under Regulation (EU) 2023/988 (GPSR) Article 16 and the cooperation obligation of authorised representatives under Article 16(2)(c) of Regulation (EU) 2023/988). In such cases:
- No refund is owed (see Section 5)
- The Client is notified in writing of the specific deficiencies identified
- The Client may, at their option, supply corrected documentation for re-verification, subject to additional fees if more than 30 days have elapsed since the original engagement
The Provider's refusal to issue the EU address in such circumstances is not a failure to deliver the service. The verification work IS the service. The Client paid for professional verification and received it. A negative verification outcome is a valid service deliverable.
5. Fees & Non-Refundability
Service fees are charged in advance for a professional regulatory compliance service as an annual one-off engagement (no automatic recurring billing). All prices are listed in EUR and are final (VAT-exempt under Polish regulations for qualifying clients outside the EU, or inclusive of applicable VAT for EU-based clients).
Fees are NON-REFUNDABLE from the moment of payment confirmation, including (but not limited to) the following cases:
- The Client subsequently decides to withdraw from the engagement, for any reason
- The Provider is unable to issue Written Activation Confirmation due to material non-compliance, inconsistency, or unverifiable authenticity of the Client's documentation (see Section 4a)
- The Client's manufacturer is unable or unwilling to supply the documentation required under GPSR Article 9 (manufacturers' obligations) and Reg. (EU) 2019/1020 Article 4(3) (Authorized Representative verification duties)
- The Client refuses or fails to undergo standard identity and authority verification of signatories
- The Client provides false, incomplete, or misleading information at any stage of the engagement
- Termination by either party for any reason (see Section 7)
The Client expressly acknowledges that the Provider incurs substantive preparation, verification, and documentation costs immediately upon receipt of payment, and that these costs are not recoverable.
B2B clients (default). This service is offered primarily to businesses (manufacturers, importers, distributors, sellers operating outside the EU). For B2B contracts, Directive 2011/83/EU (Consumer Rights Directive) does not apply, and no consumer right of withdrawal exists. Polish Civil Code and these Service Terms govern the contractual relationship.
Where the Client qualifies as a consumer under Article 2(1) of Directive 2011/83/EU (a natural person acting outside their trade, business, craft or profession): the Client expressly requests that performance of the service begins immediately upon payment, acknowledges that the right of withdrawal will be lost upon full performance pursuant to Article 16(a) of Directive 2011/83/EU, and acknowledges that the verification work constitutes the substantive performance of the service. The Provider performs the verification work in full whether or not the EU Responsible Person address is ultimately issued.
Payment is processed securely via PayPal. By completing payment, the Client confirms full agreement with this non-refundability policy. Renewal for subsequent annual periods is by mutual written agreement and requires a new payment — no automatic recurring charges are set up via PayPal.
The Provider reserves the right to adjust pricing for future subscription periods with at least 30 days written notice prior to the renewal date.
6. Client Obligations
The Client must:
- Provide complete and accurate technical documentation for all registered products
- Notify the Provider immediately of any product safety issues, incidents, accidents, or near-misses related to registered products
- Notify the Provider of any product recalls, voluntary or mandatory, initiated in any market
- Respond promptly to any requests for information from the Provider that originate from EU market surveillance authorities
- Ensure that all products placed on the EU market comply with applicable safety requirements and regulations
- Display the Provider's EU address correctly on product labeling, packaging, and marketplace listings
- Inform the Provider of any changes to the product range covered by the agreement
7. Termination
Either party may terminate the agreement with 30 days written notice sent via email. Termination by the Client does not entitle the Client to a refund for the remaining subscription period.
The Provider may terminate the agreement immediately and without refund if the Client:
- Provides false or misleading information
- Fails to cooperate with regulatory authorities when required
- Sells products that pose a serious risk to consumer health or safety
- Uses the Provider's details on products not covered by the agreement
- Breaches any material term of this agreement
Upon termination, the Client must immediately cease using the Provider's EU address and contact details on all products, packaging, and marketplace listings.
8. Limitation of Liability
To the maximum extent permitted by law, the Provider's aggregate liability under or in connection with this Agreement is limited to the fees actually paid by the Client in the 12 months preceding the claim. The Provider shall not be liable for indirect, consequential, or punitive damages, lost profits, lost data, or business interruption. Nothing in this clause limits liability that cannot be excluded by Polish law, including for personal injury, gross negligence, willful misconduct, or under mandatory consumer protection provisions.
9. Force Majeure
Neither party is liable for failure or delay caused by events beyond reasonable control including but not limited to acts of God, war, embargo, regulator action, internet or communication outages, sanctions, or epidemics, provided that notice is given to the other party within 14 days of the event.
10. Governing Law & Jurisdiction
For business (B2B) clients: this agreement is governed by Polish law. Any disputes shall be subject to the exclusive jurisdiction of the courts competent in Koszalin, Poland.
For clients qualifying as consumers under Article 2(1) of Directive 2011/83/EU: the mandatory consumer-protection provisions of the law of the Client's habitual residence apply where they offer a higher level of protection than Polish law (Article 6 of Regulation (EC) 593/2008 — Rome I). Such consumer clients may bring proceedings in the courts of their habitual residence or, at their choice, in Polish courts (Articles 17–19 of Regulation (EU) 1215/2012 — Brussels I bis).
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
11. Service Provider
The Service Provider is the company identified below, operating under the trading name "EU GPSR" / "eugpsr.eu":
- Legal entity: HT HOUSEBOATS SP. Z O.O.
- KRS: 0000769170 (Sąd Rejonowy w Koszalinie, IX Wydział Gospodarczy Krajowego Rejestru Sądowego)
- NIP: PL4990676720
- REGON: 382447966
- Share capital (Kapitał zakładowy): 5,000 PLN, fully paid (per KRS extract)
- Registered seat: ul. 6 Marca 2, 76-032 Mielno, Poland (European Union)
- Email: contact@eugpsr.eu
- Website: https://eugpsr.eu