EU Responsible Person mandate

EU Responsible Person Mandate Agreement

Regulation (EU) 2023/988 (GPSR) — Regulation (EU) 2019/1020, Article 4 — Version 1.1, 21 October 2026

1. Parties

Responsible Person (“RP”): PIXELQUALITY - LDA, a company incorporated in Portugal, NIPC 518314952, registered office at Rua da Igreja n.º 10, 4490-517 Póvoa de Varzim, Portugal, trading as GPSR Audit (gpsraudit.com), represented by its manager Paulo Fernando Da Fonseca Bastos.

Principal: the seller identified at signature by legal name, registration number, country, registered address, Amazon Selling Partner ID and representative.

2. Purpose

2.1  The Principal is the manufacturer of the consumer products listed in Schedule A (the “Products”) within the meaning of Regulation (EU) 2023/988: it manufactures them, or has them designed or manufactured, and markets them under its own name or trade mark. The Principal is not established in the European Union and places or makes the Products available on the Union market, through Amazon marketplaces and other channels.

2.2  By this written mandate, the Principal, as manufacturer, appoints the RP as its authorised representative within the meaning of Article 3 of Regulation (EU) 2023/988 and Article 3 of Regulation (EU) 2019/1020, and thereby as the economic operator established in the Union referred to in Article 16 of Regulation (EU) 2023/988 and Article 4 of Regulation (EU) 2019/1020 for the Products. The RP accepts this appointment under the terms of this Agreement.

2.3  This Agreement does not transfer to the RP the obligations of the manufacturer, importer or distributor under Chapter III of Regulation (EU) 2023/988. Those obligations remain with the Principal and its supply chain.

2.4  A product of which the Principal is not the manufacturer, in particular a product of another brand resold by the Principal, cannot be covered by this Agreement. The Principal shall inform the RP without undue delay if it ceases to be the manufacturer of a covered Product.

3. Scope — Products and marketplaces

3.1  The mandate covers only the Products identified in Schedule A by ASIN, SKU, brand and product category. Products not listed in Schedule A are not covered.

3.2  The Principal may request the addition of Products by submitting an updated Schedule A through the GPSR Audit platform. A Product is covered only once the RP has confirmed its inclusion in writing (email or platform notification). The RP may refuse any Product, in particular products subject to specific EU harmonisation legislation that requires a different authorised representative (e.g. toys, electrical equipment, PPE, medical devices, cosmetics), products the RP considers unsafe, or products for which the documentation in clause 5 is not supplied.

3.3  The mandate covers all 27 Member States of the European Union. It does not cover the United Kingdom, Switzerland, Norway or any other non-EU territory.

4. Obligations of the RP

For each covered Product, the RP shall:

• allow its name, registered trade name, postal address and electronic contact to be indicated on the Product, its packaging, the parcel or an accompanying document, and on the Amazon listing, as required by Article 16(4) GPSR;
• verify that the EU declaration of conformity or the technical documentation referred to in Article 9(2) GPSR has been drawn up, and keep it available for market surveillance authorities for ten years after the Product is placed on the market, provided the Principal has supplied it under clause 5;
• upon reasoned request from a market surveillance authority, provide that authority with all information and documentation necessary to demonstrate the safety of the Product, in a language easily understood by that authority;
• inform the Principal without undue delay, and in any case within two business days, of any request, notice or action received from a market surveillance authority or from Amazon concerning a Product;
• where the RP has reason to believe that a Product presents a risk, inform the Principal and, where the Principal does not act, inform the market surveillance authorities of the Member States in which the Product was made available;
• cooperate with market surveillance authorities on any corrective action, recall or withdrawal of a Product, acting on the instructions and at the cost of the Principal;
• write the RP contact details into the Principal’s Amazon listings through the Selling Partner API, with the Principal’s authorisation, and monitor those listings for missing or rejected compliance attributes.

5. Obligations of the Principal

The Principal shall:

• supply to the RP, before a Product is covered and within five business days of any later request, the EU declaration of conformity or technical documentation, test reports, safety information, instructions and warnings, the manufacturer’s identity and contact details, and the traceability information required by Article 9 GPSR;
• guarantee that each covered Product is safe within the meaning of Article 5 GPSR and complies with all applicable Union legislation, and that the documentation supplied is complete, accurate and current;
• affix or cause to be affixed the RP’s details on each covered Product or its packaging or accompanying document, in addition to the manufacturer’s details;
• inform the RP without undue delay, and in any case within two business days, of any accident, complaint, safety incident, non-conformity or risk concerning a covered Product, and of any change to the Product, its supplier or its design;
• carry out, at its own cost, any corrective action, recall or withdrawal requested by a market surveillance authority or reasonably recommended by the RP, and reimburse the RP for any cost incurred in cooperating with such action;
• not use the RP’s details on any product outside Schedule A, and remove them from any Product within five business days of termination or exclusion of that Product;
• maintain a valid Amazon selling account and keep the authorisation of the GPSR Audit application active for the duration of this Agreement.

6. Fees

6.1  The RP’s services are provided under the GPSR Audit subscription plan selected by the Principal on the platform (29, 69 or 149 EUR per month excluding VAT, according to catalogue size). The subscription fee includes the mandate for the Products covered under that plan’s catalogue limit.

6.2  Work beyond the subscription — handling an authority request, preparing documentation for a recall, translating technical documentation, or any task requested by an authority that requires more than two hours of work — is invoiced at 90 EUR per hour excluding VAT, with the Principal’s prior approval except where the RP is legally required to act within a deadline.

6.3  Fees are payable monthly in advance by card through Stripe. Non-payment for more than fifteen days suspends the RP’s services and, after thirty days, entitles the RP to terminate under clause 9.3.

7. Liability and indemnity

7.1  The Principal remains solely responsible for the safety and conformity of the Products, for the accuracy of the documentation supplied, and for the actions of its manufacturers and suppliers.

7.2  The Principal shall indemnify and hold the RP harmless against all fines, penalties, damages, claims, costs and expenses (including reasonable legal fees) incurred by the RP as a result of (a) any non-conformity or lack of safety of a Product, (b) any inaccuracy or omission in the documentation or information supplied by the Principal, (c) any delay or failure of the Principal to perform clause 5, or (d) any product liability claim relating to a Product.

7.3  Except for fraud, wilful misconduct or gross negligence, the RP’s total liability under this Agreement is limited to the fees paid by the Principal in the twelve months preceding the event giving rise to the claim. The RP is not liable for indirect or consequential loss, loss of profit, loss of sales or Amazon account suspension.

7.4  The RP holds professional liability insurance covering its activity as responsible person and will provide a certificate on request.

8. Term

8.1  This Agreement enters into force on the date of its electronic signature by both parties and runs for an indefinite period.

8.2  Each party may terminate it at any time with thirty days’ written notice by email.

9. Termination and withdrawal of the mandate

9.1  The RP may withdraw the mandate for a specific Product, or terminate this Agreement in full, with immediate effect by written notice if the Principal fails to supply the documentation under clause 5 within the stated deadline, if the RP has reason to believe a Product is unsafe and the Principal does not act within five business days, or if the Principal’s Amazon account is suspended for a safety or compliance reason.

9.2  The RP may terminate with immediate effect if the Principal becomes insolvent or ceases to trade.

9.3  The RP may terminate with immediate effect after thirty days of non-payment.

9.4  On termination or withdrawal, the Principal shall remove the RP’s details from the affected Products, packaging and listings within five business days, and the RP may remove its details from the Principal’s Amazon listings through the Selling Partner API and inform Amazon and the competent authorities that the mandate has ended. Clauses 4 (second bullet, document retention), 7 and 11 survive termination.

10. Data protection and confidentiality

10.1  Each party processes the other’s business data only for the performance of this Agreement and keeps the technical documentation and commercial information received confidential, except where disclosure is required by a market surveillance authority, by Amazon or by law.

10.2  The RP processes personal data of the Principal’s representatives as controller for the purpose of this Agreement, in accordance with Regulation (EU) 2016/679 and its privacy policy.

11. Governing law and jurisdiction

11.1  This Agreement is governed by Portuguese law.

11.2  Any dispute is submitted to the exclusive jurisdiction of the courts of Póvoa de Varzim, Portugal, without prejudice to mandatory consumer or market surveillance rules.

12. General

12.1  This Agreement, with Schedule A and the GPSR Audit Terms of Service, is the entire agreement between the parties on its subject matter. The English version prevails over any translation.

12.2  Electronic signature through the GPSR Audit platform or a qualified e-signature service has the same effect as a handwritten signature.

12.3  The RP may update Schedule A and the list of excluded product categories by notice; other amendments require written agreement of both parties.

Schedule A — Covered Products

Generated by the GPSR Audit platform from the Principal’s Amazon catalogue at the date of signature (ASIN, SKU, brand, product category, marketplaces); updated versions replace this schedule once confirmed by the RP under clause 3.2.

Excluded product categories (clause 3.2): toys; electrical and electronic equipment subject to LVD/EMC/RED; personal protective equipment; medical devices; cosmetics; machinery; pressure equipment; construction products; products containing batteries subject to Regulation (EU) 2023/1542; food, food-contact materials and supplements; chemicals and detergents; vehicles and vehicle parts subject to type-approval; pyrotechnics; any product subject to specific Union harmonisation legislation requiring an authorised representative.