Service agreement · EU and United Kingdom
Cosmetics Responsible Person Services Agreement
Responsible Person for cosmetic products under Article 4 of Regulation (EC) No 1223/2009 (European Union) and under the Cosmetic Products Regulation as it applies in Great Britain.
In short. You stay the brand owner and remain responsible for the safety of your products. We become your Responsible Person for the products we have reviewed and accepted: our name goes on your label, we keep your Product Information File, we answer the authorities and we report serious undesirable effects. We do not write your safety report, test or formulate products, or act as importer. Each product can be placed on the market with our name only after we have accepted it in writing.
Parties and background
(1)
Europe Services, SE, a European company registered in the Czech Republic, company ID (IČO) 03571785, entered in the commercial register kept by the Municipal Court in Prague, file H 1486, with its registered office at Na Čečeličce 425/4, Smíchov, 150 00 Praha 5, Czech Republic (the “Provider” and, for the European Union, the “EU Responsible Person”);
(2)
REP27 LTD, a private company limited by shares incorporated in England and Wales, company number 17385889, with its registered office at Unit 82a James Carter Road, Mildenhall, Suffolk IP28 7DE, United Kingdom (for Great Britain, the “UK Responsible Person”); and
(3)
the company identified in the Designation as brand owner, which accepts this Agreement at checkout and by signing the Designation electronically (the “Client”).
A. The Client manufactures, or has manufactured for it, cosmetic products that it places, or intends to place, on the market in the European Union, in Great Britain, or both.
B. A cosmetic product may be placed on the market only if a responsible person established in the relevant territory is designated for it. For products manufactured outside the territory, the importer is the responsible person unless another person established there is designated by written mandate and accepts in writing.
C. The Client wishes to designate the EU Responsible Person, the UK Responsible Person, or both, according to the territory of its Plan, and each of them is willing to accept the designation for the Products it has reviewed and accepted, on the terms of this Agreement.
D. Where the Plan covers only one territory, only the Responsible Person for that territory is a party to the appointment; the Provider remains the party that sells and invoices the service in all cases.
1. Definitions and interpretation
1.1
In this Agreement:
- “Accepted Product”: a Product that has passed the review in clause 3 and for which the relevant Responsible Person has confirmed its acceptance in writing (including through the Client Area).
- “Client Area”: the password-less account at gdprrepresentative.com where the Client can see its Designation, certificates, product list, review status, invoices and billing.
- “Competent Authority”: any national authority responsible for the surveillance of cosmetic products in a Member State of the European Union or of the EEA where the EU Regulation applies, and, for Great Britain, the Office for Product Safety and Standards (OPSS), Trading Standards and any other authority enforcing the UK Regulation.
- “CPNP”: the Cosmetic Products Notification Portal of the European Commission. “SCPN”: the Submit Cosmetic Product Notification service of the United Kingdom.
- “CPSR”: the Cosmetic Product Safety Report required by Article 10 and Annex I of the EU Regulation, or by the equivalent provision of the UK Regulation, signed by a Safety Assessor.
- “Designation”: the written mandate generated through the designation form, signed electronically by the Client and accepted by the relevant Responsible Person, identified by a verification code beginning “C12-” (European Union) or “UKC-” (Great Britain).
- “EU Regulation”: Regulation (EC) No 1223/2009 on cosmetic products, together with its implementing and delegated acts, including Commission Regulation (EU) No 655/2013 on claims and Commission Regulation (EU) 2023/1545 on fragrance allergens, as amended from time to time.
- “PIF”: the Product Information File required by Article 11 of the EU Regulation, or by the equivalent provision of the UK Regulation.
- “Plan”: the plan purchased by the Client (Cosmetics 5, Cosmetics 20 or Larger ranges), for the European Union, the United Kingdom or both, as described on gdprrepresentative.com at the date of purchase and in Schedule 5.
- “Product”: a cosmetic product for human use identified by one formula. The same formula sold in different sizes counts as one Product; shades, scents or variants with a different formula count as separate Products.
- “Responsible Person”: the EU Responsible Person, the UK Responsible Person, or both, according to the territory of the Plan.
- “Safety Assessor”: a person holding the qualifications required by Article 10(2) of the EU Regulation, or by the equivalent provision of the UK Regulation.
- “SUE”: a serious undesirable effect within the meaning of Article 2(1)(p) and Article 23 of the EU Regulation, or of the UK Regulation.
- “Territory”: for the EU Responsible Person, the European Union, the other EEA States where the EU Regulation applies, and Northern Ireland; for the UK Responsible Person, Great Britain (England, Scotland and Wales).
- “UK Regulation”: Regulation (EC) No 1223/2009 as it forms part of the law of Great Britain (the UK Cosmetic Products Regulation), as amended from time to time.
- “Working Day”: a day other than a Saturday, Sunday or public holiday in the Czech Republic (for the EU Responsible Person) or in England (for the UK Responsible Person).
1.2
Headings do not affect interpretation. “Including” means including without limitation. A reference to a law includes that law as amended, extended or replaced. The Client is always a business: this Agreement is not offered to consumers.
2. Appointment and territory
2.1
By this Agreement and the Designation, the Client designates, by written mandate, the EU Responsible Person as responsible person under Article 4 of the EU Regulation and/or the UK Responsible Person as responsible person under the UK Regulation, for the Accepted Products and for their Territory only. Each Responsible Person accepts that designation in writing, Product by Product, in accordance with clause 3.
2.2
The Designation takes effect on the date the relevant Responsible Person accepts it, as shown on the Designation and on the public verification page. Each Product is covered from the date of its acceptance under clause 3.4 until the end of this Agreement.
2.3
A Plan for “EU + UK” creates two separate appointments: one by the EU Responsible Person for the European Union and Northern Ireland, and one by the UK Responsible Person for Great Britain. Each Responsible Person acts only for its own Territory.
2.4
Neither Responsible Person acts, or shall be treated, as the Client’s importer, distributor, manufacturer, fulfilment service provider, customs representative, authorised representative under other product legislation or responsible person under Regulation (EU) 2023/988 (GPSR), unless the parties agree so separately in writing.
2.5
Where an importer established in the Territory already acts as responsible person for a Product, the Client shall inform the Provider before the Designation is signed, and shall ensure that the importer’s role ends, in writing, before our acceptance of that Product takes effect.
3. Product review and acceptance
3.1
For each Product, the Client shall upload to the Client Area, or send to info@gdprrepresentative.com, the documents listed in Schedule 3, complete and in English (or with an English translation), together with the artwork of every label and packaging intended for the Territory.
3.2
The Responsible Person reviews the documents within the times set out in Schedule 1. The review checks that the PIF is complete, that the CPSR has been prepared and signed by a Safety Assessor and covers the Product as sold, that no prohibited or restricted substance is used outside the conditions of the Annexes, that the animal-testing statements are given, and that the label contains the particulars required by Article 19 (and, from the applicable dates, the fragrance allergens required by Regulation (EU) 2023/1545).
3.3
If anything is missing or inconsistent, the Responsible Person sends the Client a written list of the points to fix, with the reason for each. Each re-submission is reviewed again within the same times. The review is a formal and documentary check made to decide whether the Responsible Person can accept its role: it is not a safety assessment and does not replace the CPSR.
3.4
When the review is passed, the Responsible Person confirms in writing that the Product is an Accepted Product. From that date the Client may place the Product on the market in the Territory with the Responsible Person’s name. The Responsible Person may refuse a Product for a reason stated in writing, in particular if the Product appears unsafe, is an Excluded Product (Schedule 2), or the documents are not provided within 60 days of a request.
3.5
The Client may print the Responsible Person’s name and address on labels and packaging from the day the Designation is signed, so that production can start before the review. No unit bearing that name may be placed on the market in the Territory before the Product is an Accepted Product. Packaging printed in advance for a Product that is later refused remains at the Client’s risk and cost.
3.6
Any change to the formula, to the manufacturing site, to the label or to a claim of an Accepted Product shall be submitted before it is implemented. A change of formula creates a new Product.
4. Our services
4.1
For each Accepted Product, and during the term of this Agreement, the relevant Responsible Person shall:
- allow its name and address to appear on the container and packaging of the Product, in the form of the label block in Schedule 4, and in the Client’s online listings;
- keep the PIF at the address shown on the label, readily accessible in electronic or other format to the Competent Authority of the Member State (or of Great Britain) where it is kept, for ten years following the date on which the last batch of the Product was placed on the market, including after this Agreement ends;
- make the PIF, or the requested parts of it, available to a Competent Authority on request, in the language the authority accepts, relying on the translations supplied by the Client;
- receive requests, notices and correspondence from Competent Authorities concerning the Product, answer them on the Client’s behalf after consulting the Client where time and the law allow, and forward them to the Client within the times in Schedule 1;
- report SUEs to the Competent Authority as set out in clause 9;
- on request of a Competent Authority, identify the distributors to which the Client supplies the Product, on the basis of the information provided by the Client, for three years after the batch was made available to them;
- provide, where a Competent Authority requests it for a substance that raises serious doubts about its safety, the list of Products containing that substance and its concentration, on the basis of the information supplied by the Client;
- make available to the public, by easily accessible means, the information required by Article 21 of the EU Regulation (qualitative and quantitative composition for dangerous substances, and existing data on undesirable effects), on the basis of the information supplied by the Client and without disclosing trade secrets;
- cooperate with the Competent Authorities on any action to eliminate the risks posed by the Product, including corrective measures under Articles 5, 25 and 27 of the EU Regulation;
- maintain the verification code and the public verification page showing whether the Designation is active, suspended, expired or revoked; and
- make the Designation, the certificate, the label block, the product list with its review status, and the invoices available in the Client Area.
4.2
With the Cosmetics 20 and Larger ranges Plans, the Client also has one named contact person and its new Products are reviewed with priority, within the shorter times in Schedule 1.
4.3
The Responsible Persons perform the services with reasonable skill and care and may use qualified staff, advisers and mail-handling services under their responsibility.
5. Notifications (CPNP and SCPN)
5.1
Before an Accepted Product is placed on the market, it must be notified in the CPNP (European Union) and/or in SCPN (Great Britain). The Client chooses in the order form whether the Responsible Person files the notifications or the Client prepares them.
5.2
Where the Responsible Person files them, it does so after acceptance, within the times in Schedule 1, on the basis of the category, frame formulation or exact composition, label and packaging images, nanomaterial, CMR and other data provided by the Client, which the Client warrants are complete and correct. The Client receives the notification reference in the Client Area.
5.3
Where the Client prepares them, each notification shall identify the relevant Responsible Person and be submitted from, or authorised through, the Responsible Person’s account, and shall be approved by the Responsible Person before submission. The Client shall not submit any notification naming the Responsible Person without that approval.
5.4
Nanomaterials other than colourants, preservatives or UV filters listed in the Annexes must be notified six months before the Product is placed on the market. The Client shall inform the Provider of any nanomaterial when it first submits the Product; the six-month period cannot be shortened by the Responsible Person.
5.5
The Client shall inform the Responsible Person of any change requiring an update of a notification, and of the date on which each Product is first placed on the market, so that the notification can be kept up to date.
6. What is not included
6.1
The services do not include, and the Responsible Persons and the Provider accept no obligation to provide:
- the safety assessment or the CPSR, which must be prepared and signed by a Safety Assessor chosen and paid by the Client;
- formulation, reformulation, stability, compatibility, microbiological, challenge, SPF or other testing, or any laboratory work;
- the substantiation of claims, which remains with the Client, although the Responsible Person may point out a claim that appears not to meet Regulation (EU) No 655/2013;
- translations of labels, instructions or the PIF into the languages required in each Member State, which remain the Client’s responsibility;
- the design, printing or production of labels and packaging;
- import, customs clearance, storage, distribution, fulfilment or sale of the Products;
- the organisation, execution or cost of any withdrawal, recall, destruction, relabelling or refund;
- legal, regulatory or tax advice, representation in court or in disputes with consumers, marketplaces or third parties (available separately through associated lawyers);
- insurance of the Client’s products or activities;
- any product or activity listed in Schedule 2, or any territory other than the Territory of the Plan.
7. Your obligations
7.1
The Client remains responsible for the design, formulation, manufacture, safety, labelling, claims and advertising of the Products, and for their compliance with the EU Regulation, the UK Regulation and all other laws applicable to them. Nothing in this Agreement transfers those duties to the Responsible Persons or the Provider, which rely on the information supplied by the Client.
7.2
The Client shall ensure that every Product:
- is safe for human health when used under normal or reasonably foreseeable conditions;
- is manufactured in compliance with good manufacturing practice (EN ISO 22716 or equivalent), and provide the manufacturer’s statement on request;
- contains no substance prohibited by Annex II and uses restricted substances, colourants, preservatives and UV filters only within the conditions of Annexes III to VI;
- contains no CMR substance outside the conditions of Article 15;
- has not been, and whose ingredients have not been, tested on animals in breach of Article 18;
- bears a label compliant with Article 19 in the languages required where it is sold, with a batch number, and, from the dates applicable to it, the fragrance allergens required by Regulation (EU) 2023/1545;
- makes only claims that meet Regulation (EU) No 655/2013 and are supported by the evidence kept in the PIF.
7.3
The Client shall supply the documents in Schedule 3 before the review, keep them up to date for as long as the Product is on the market and inform the Responsible Person in writing within five Working Days of any change, any new safety data, any change of manufacturer or supplier, and any new market.
7.4
The Client shall inform the Responsible Person immediately, and in any case within 24 hours of becoming aware, of any SUE, undesirable effect reported by a consumer or professional, complaint suggesting a risk, withdrawal, recall, customs detention, marketplace action or contact from a Competent Authority concerning a Product.
7.5
The Client shall answer any request of the Responsible Person within three Working Days, or within 24 hours where it concerns an SUE or a serious risk, and shall provide samples, batch records and any information a Competent Authority requires, at its own cost.
7.6
The Client shall keep, and provide on request, the list of distributors and business customers to which each batch was supplied in the Territory, for at least three years.
7.7
The Client shall take, at its own cost, any corrective action required by law or requested by a Competent Authority or by the Responsible Person under clause 9, including withdrawal or recall, and keep the Responsible Person informed of each step.
7.8
The Client shall maintain product liability insurance covering the Products sold in the Territory, with a limit of indemnity of not less than €1,000,000 (or £1,000,000 for Great Britain) per claim, and provide evidence of it on request.
7.9
The Client warrants that all information given in the order form, the Designation and the documents is complete, accurate and not misleading, that it is entitled to use the formulas, brands and documents it supplies, and that it is not subject to sanctions restricting the services.
8. Labelling and use of our name
8.1
The Client shall use the label block exactly as shown in Schedule 4 and in the Client Area, in the same field of vision as the other mandatory particulars where required, legible and indelible, and in the responsible person field of each online listing (for example Amazon, Etsy, TikTok Shop, Shopify), using the EU and UK blocks separately where the listing allows it.
8.2
The Client shall not use the names, logos or verification codes of the Responsible Persons or the Provider in a way suggesting that they have formulated, tested, certified, approved or endorsed the Products, nor for any product that is not an Accepted Product.
8.3
Where only one Territory is covered, the Client shall not use the label block of the other Responsible Person.
9. Authorities, SUE and corrective action
9.1
The Client authorises each Responsible Person to disclose to any Competent Authority, without further consent, the PIF, the Designation, the notifications and any information about the Products and the Client that the authority requests or that the law requires to be disclosed.
9.2
Where an SUE is reported to the Client or to the Responsible Person, the Responsible Person notifies without delay the Competent Authority of the Member State (or of Great Britain) where the effect occurred, within the time limits applicable to SUE reporting, with the name of the Product, the effect and the corrective measures taken or proposed. The Client shall provide the necessary information immediately. The Responsible Person may notify on the basis of the information available if the Client does not answer in time.
9.3
Where the Responsible Person considers, or has reason to believe, that a Product is not in conformity or presents a risk to human health, it may ask the Client to take corrective measures, including withdrawal or recall, and may inform the Competent Authorities, the marketplaces and the distributors, without liability to the Client.
9.4
The Responsible Person shall not admit liability on behalf of the Client, and shall consult the Client before answering a Competent Authority where time and the law allow.
10. Fees, invoicing and payment
10.1
The fees are those of the Plan shown on gdprrepresentative.com at the date of purchase and summarised in Schedule 5, or those stated in a written quote. They are invoiced and collected by the Provider through its payment processor (Mollie). The UK Responsible Person does not invoice the Client.
10.2
Fees are payable yearly in advance or, where the Client has chosen monthly billing, monthly in advance for a minimum period of twelve months. Monthly billing is available only up to 20 Products. The Larger ranges Plan is billed yearly by invoice or payment link, or in instalments where agreed in the quote.
10.3
Prices exclude VAT. No VAT is charged to customers established outside the European Union. For customers established in the European Union with a valid VAT number, the reverse-charge mechanism applies; Czech VAT is charged where the law requires it.
10.4
The fee covers the review of each Product within the Plan, the custody of the PIF, the notifications filed under clause 5.2, the handling of authority requests and SUE reports, and the Client Area. There is no charge per authority request, per country or per listing.
10.5
Fees are stated in euros (EUR) and the contractual price is always the EUR amount. Where the Client pays in US dollars, pounds sterling, Canadian dollars, Australian dollars, New Zealand dollars, Swiss francs, Czech korunas, Japanese yen or Norwegian kroner, the amount charged is the equivalent of the EUR fee converted at the most recent euro reference rate published by the European Central Bank at the time of payment; this option is available only where no VAT is charged. Renewals are charged in the same currency, converted from the EUR renewal fee at the most recent ECB rate before each renewal. Bank or card conversion charges are borne by the Client.
10.6
If a payment fails, the Designation remains active during a grace period of 8 days, after which it is suspended and shown as such on the public verification page.
10.7
If the Responsible Person declines the Designation before accepting it, the Provider refunds the amount paid. If individual Products are refused under clause 3.4, the fee is not reduced below the Plan purchased, but the Client may change to a lower Plan at the next renewal.
11. Adding and changing products
11.1
The Client may add Products at any time by submitting them under clause 3. If the number of Products exceeds the limit of the Plan, the Client moves to the next Plan and pays only the difference, in proportion to the days remaining in the current term.
11.2
Under the Larger ranges Plan, each additional Product is charged at the per-product price from the date it is accepted, in proportion to the days remaining in the current term. Where staged launches have been agreed, the fee for each Product starts from the first day it is placed on the market.
11.3
A Product removed from the market remains covered until the end of the current term. The obligation to keep its PIF for ten years continues without additional charge.
12. Term, renewal and cancellation
12.1
This Agreement starts when the Client accepts it at checkout and signs the Designation, and continues for twelve months from the acceptance of the Designation. It renews automatically for successive periods of twelve months at the renewal fee in Schedule 5, unless the Client cancels the renewal before the renewal date from the Client Area or by writing to info@gdprrepresentative.com.
12.2
The Client asks the service to start immediately after payment. Fees paid for a current term are not refunded on cancellation, except where the law requires otherwise or as provided in clause 10.7.
13. Suspension and termination for cause
13.1
A Responsible Person or the Provider may suspend the Designation, or the coverage of one or more Products, or terminate this Agreement with immediate effect by written notice, if:
- a Product appears to present a risk to human health, or a Competent Authority requires its withdrawal or recall;
- the Client places on the market with the Responsible Person’s name a product that is not an Accepted Product, or an Excluded Product;
- the Client fails to provide documents or information within ten Working Days of a written request, or within 24 hours in the case of an SUE;
- any information given by the Client is materially false or misleading, or a Product has been tested on animals in breach of Article 18;
- the Client fails to take a corrective measure required under clause 9;
- the Client becomes subject to sanctions or carries out an activity listed in Schedule 2; or
- any amount due remains unpaid at the end of the grace period.
13.2
On suspension or termination, the public verification page shows the status of the Designation, and the Responsible Person may inform the Competent Authorities, the CPNP or SCPN, the marketplaces and the distributors where it considers this necessary or the law requires it.
14. End of the service and hand-over
14.1
From the date this Agreement or the coverage of a Product ends, the Client shall not place on the market any further unit of the Product bearing the Responsible Person’s name, and shall remove the label block from its online listings within 30 days. Units already placed on the market before that date may continue to be made available by distributors.
14.2
Where the Client appoints a new responsible person, the Responsible Person shall, on written request and once all amounts due have been paid, provide a copy of the PIF and of the notification data within ten Working Days, and cooperate so that the new responsible person can notify the Products in its own name. The Responsible Person does not transfer its own CPNP or SCPN account.
14.3
The Responsible Person keeps the PIF and the records of the Products for the period required by clause 4.1(b), and continues to receive requests from Competent Authorities about units placed on the market during the term, which it forwards to the Client. The Client shall continue to cooperate under clauses 7.4, 7.5, 7.7 and 9 for those units.
14.4
Termination does not affect rights and obligations accrued before it, nor clauses 7, 9, 14, 15, 16, 17 and 18.
15. Indemnity
15.1
To the fullest extent permitted by law, the Client shall indemnify the Responsible Persons and the Provider, and their directors and staff, against all losses, damages, costs (including reasonable legal fees), claims, fines to the extent they may lawfully be indemnified, recall costs and expenses arising out of or in connection with: (a) the Products, their formulation, manufacture, labelling, claims or advertising; (b) any breach of this Agreement by the Client; (c) any information supplied by the Client being inaccurate or incomplete; (d) any unit placed on the market with the Responsible Person’s name before acceptance or after the end of the coverage; and (e) any action of a Competent Authority, marketplace, consumer or other third party concerning the Products.
15.2
The indemnity does not extend to losses caused by the wilful misconduct or gross negligence of the party claiming under it. That party shall notify the Client promptly of the claim and, where the law allows, let the Client take part in its defence at the Client’s cost.
16. Limitation of liability
16.1
Nothing in this Agreement limits or excludes liability for death or personal injury caused by negligence, for fraud, for wilful misconduct or gross negligence, or for any other liability that cannot be limited or excluded by law.
16.2
Subject to clause 16.1, the total liability of the Responsible Persons and the Provider together, in contract, tort (including negligence) or otherwise, arising under or in connection with this Agreement in any period of twelve months, is limited to the fees paid by the Client under this Agreement in the twelve months before the event giving rise to the claim.
16.3
Subject to clause 16.1, neither the Responsible Persons nor the Provider are liable for loss of profit, revenue, sales, business, goodwill or data, for packaging printed before acceptance, for delisting or suspension by a marketplace, or for any indirect or consequential loss.
17. Confidentiality and trade secrets
17.1
The Responsible Persons and the Provider keep the formulas, the PIF and the Client’s other non-public information confidential, and use them only to perform this Agreement, to comply with the law and to answer the Competent Authorities. Access is restricted to the staff and advisers who need it.
17.2
Information made public under Article 21 of the EU Regulation is limited to what the law requires and does not include the exact formula or other trade secrets identified by the Client.
18. Personal data
18.1
The Provider and the UK Responsible Person process the personal data of the Client’s contacts, and the personal data contained in SUE reports, as described in the privacy notice at gdprrepresentative.com/privacy/. Personal data in SUE reports are processed only to comply with the reporting obligations and are shared with the Competent Authorities as required by law.
19. Changes in the law and to this Agreement
19.1
If a change in the law affects the services, the Responsible Persons and the Provider may amend this Agreement, the services or the fees by giving at least 30 days’ notice in the Client Area or by email. If the Client does not accept the amendment, it may terminate this Agreement before the amendment takes effect; where the change is required by law, it may take effect immediately.
20. Sanctions and compliance
20.1
The Provider screens the Client and its signatory against sanctions lists before accepting the Designation and periodically during it, and may refuse, suspend or terminate the services where required by sanctions or anti-money-laundering law.
21. Notices, assignment and order of precedence
21.1
Notices are given by email: to the Responsible Persons and the Provider at info@gdprrepresentative.com, and to the Client at the contact email given in the Designation. A notice is received when sent, unless the sender receives a delivery failure message.
21.2
The Client may not assign or transfer this Agreement. The Provider and the Responsible Persons may assign it to an affiliated company that continues the services, on notice to the Client.
21.3
If there is any conflict, the following order applies: (1) a written quote or addendum signed by the parties; (2) the Designation; (3) this Agreement; (4) the general terms at gdprrepresentative.com/terms/. This Agreement, with the Designation and any quote, is the entire agreement about its subject matter.
21.4
A person who is not a party has no right to enforce any term of this Agreement, except the directors and staff indemnified under clause 15.
22. Electronic signature
22.1
The parties agree that this Agreement and the Designation may be concluded by electronic means, including acceptance at checkout and a simple electronic signature recorded with the signatory’s name, date, time and IP address, and that such acceptance and signature are valid and binding.
23. Governing law and jurisdiction
23.1
The relationship between the Client, the Provider and the EU Responsible Person is governed by the law of the Czech Republic, and the courts of Prague have exclusive jurisdiction.
23.2
The relationship between the Client and the UK Responsible Person is governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.
Schedule 1 — Service levels
| Item | Cosmetics 5 | Cosmetics 20 and Larger ranges |
|---|---|---|
| First review of a Product (clause 3.2) | Within 10 Working Days of complete documents | Within 5 Working Days of complete documents |
| Review of a re-submission | Within 5 Working Days | Within 3 Working Days |
| CPNP / SCPN notification filed by us (clause 5.2) | Within 3 Working Days of acceptance and complete notification data | |
| Request from a Competent Authority | Forwarded to the Client within 1 Working Day; answered within the deadline set by the authority | |
| SUE report | Forwarded to the Client within 1 Working Day; notified to the Competent Authority without delay (clause 9.2) | |
| Question from the Client | Answer within 2 Working Days | |
| PIF custody | 10 years after the last batch was placed on the market | |
| Public verification page | Available at all times, showing active, suspended, expired or revoked | |
Schedule 2 — Excluded products and activities
- products that are not cosmetic products for human use, including medicinal products, medical devices, biocides (such as hand disinfectants and insect repellents whose main purpose is biocidal), tattoo inks and permanent make-up, and pet care products;
- products intended to be ingested, inhaled, injected or implanted;
- products tested on animals, or containing ingredients tested on animals, in breach of Article 18;
- products subject to a current withdrawal, recall or prohibition, counterfeit products and products whose formula or brand the Client is not entitled to use;
- products for which the Client cannot provide a CPSR signed by a Safety Assessor within 60 days of a request;
- acting as importer, distributor, customs representative or seller of record;
- any activity excluded by the general terms at gdprrepresentative.com/terms/ that applies by its nature to this service.
Schedule 3 — Documents you provide for each Product
- description of the Product, with name, category, function, formats and markets, allowing the PIF to be clearly attributed to it;
- the CPSR (Part A — safety information, and Part B — safety assessment) signed by the Safety Assessor, with the assessor’s name and proof of qualification;
- qualitative and quantitative formula (INCI and percentages), with the specifications of the raw materials and safety data sheets where relevant;
- physical, chemical and microbiological stability data and specifications of the finished Product;
- impurities, traces and information on the packaging material;
- statement of compliance with good manufacturing practice (EN ISO 22716 or equivalent) and the name and address of the manufacturing site;
- proof of the effects claimed, where justified by the nature or effect of the Product;
- data on any animal testing performed by the Client, its agents or suppliers, and the corresponding statements;
- data on undesirable effects and SUEs already known;
- information on nanomaterials, CMR substances, fragrance allergens and restricted substances;
- the artwork of every label, carton and leaflet, in each language used in the Territory;
- for notifications filed by us: frame formulation or exact composition, category, pictures of the label and packaging, and contact of the poison centre information where required.
Schedule 4 — Label blocks
The Client uses the block for each Territory of its Plan, on the container and packaging (and in the responsible person field of each online listing), replacing the code with the verification code of its Designation:
European Union and Northern Ireland
Europe Services SE
Na Čečeličce 425/4, 150 00 Praha 5, Czech Republic
C12-XXXX-XXXX
Na Čečeličce 425/4, 150 00 Praha 5, Czech Republic
C12-XXXX-XXXX
Great Britain
REP27 LTD
Unit 82a James Carter Road, Mildenhall, Suffolk IP28 7DE, United Kingdom
UKC-XXXX-XXXX
Unit 82a James Carter Road, Mildenhall, Suffolk IP28 7DE, United Kingdom
UKC-XXXX-XXXX
The exact text to print is the one shown in the Client Area for the Client’s Designation.
Schedule 5 — Plans and fees
Amounts in euros, excluding VAT. The prices shown on gdprrepresentative.com at the date of purchase prevail if different.
| Plan | Products | EU or UK — first year | EU + UK — first year | Monthly (EU or UK / EU + UK) | Renewal from year two (EU or UK / EU + UK) |
|---|---|---|---|---|---|
| Cosmetics 5 | 1 to 5 | €690 | €990 | €69 / €99 | €550 / €790 |
| Cosmetics 20 | 6 to 20 | €1,490 | €2,190 | €149 / €219 | €1,190 / €1,750 |
| Larger ranges | more than 20 | €150 per Product | €220 per Product | not available | €120 / €176 per Product, unless a quote states otherwise |
Monthly billing runs for a minimum of twelve months. Staged launches, instalments and any activation fee apply only where stated in a written quote.
Questions on this Agreement: info@gdprrepresentative.com · +420 775 397 884