Terms of service

These General Terms and Conditions (GTC) apply from 1 November 2025 and replace all previous versions. EaseCert reserves the right to update these GTC. Any changes will be published on the website or communicated to the customer by email. For the use of our website, our Terms of Use pursuant to Section 15 of these GTC apply in addition. They contain separate provisions for accessing the website, using the online shop, and technical functionalities. In the event of any conflict between the Terms of Use (Section 15) and these GTC, these General Terms and Conditions shall prevail in the relationship between EaseCert and business customers.

EaseCert GmbH, Klaus-Kordel-Straße 4, 54296 Trier, Germany (hereinafter referred to as “EaseCert”), provides its compliance and EU Responsible Person services exclusively to business customers (B2B) based on the following General Terms and Conditions. These conditions are intended solely for business relationships between companies and do not apply to consumers. By ordering or using EaseCert’s services, the customer (as defined below) acknowledges and agrees to these terms.

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1. Definitions

1.1 EaseCert / Provider / We

EaseCert GmbH, Klaus-Kordel-Straße 4, 54296 Trier, Germany, including its authorised representatives, employees, and agents.

1.2 Customer / Client / You

The company or person acting in a business capacity (not a consumer) that uses EaseCert’s services. The customer expressly confirms that they are not a “consumer” within the meaning of applicable consumer protection laws and that they enter into the contract solely for business purposes.

1.3 Services

All services offered by EaseCert in the field of compliance, in particular:

• product safety assessments,
• assistance with CE marking and certification under the EU General Product Safety Regulation (GPSR),
• verification of labelling compliance,
• management of technical documentation,
• assistance with EU Safety Gate (RAPEX) registration,
• support with WEEE / LUCID registrations, and
• acting as authorised EU representative or “Responsible Person”.

The specific scope of services is determined by the customer’s order or by a separate written offer or contract.

1.4 Service as Authorised Representative / Responsible Person

The specific service under which EaseCert acts as authorised EU representative or “Responsible Person” under the applicable EU legislation (e.g. GPSR) for the customer’s products.

1.5 Contract

The legally binding agreement between EaseCert and the customer for the provision of services, consisting of these GTC and the specific details contained in the customer’s order or a separate written offer or contract.

1.6 Remuneration

The fee payable by the customer for the services, as stated on the website at checkout, in a written offer, or on the invoice. In general, it is a one-time payment (not a subscription) unless expressly agreed otherwise.

1.7 Confidential Information

All non-public information exchanged between the parties in connection with the services—particularly business data, technical documentation, product information, pricing details, and any information marked as confidential or which is confidential by nature.

1.8 Business Day

A calendar day that is not a Saturday, Sunday, or public holiday in Germany.

2. Scope of Application / B2B Nature

2.1 Scope of Application

These General Terms and Conditions apply to all offers, contracts, and services that EaseCert provides to the customer. They govern all services rendered as well as related pre-contractual communications or subsequent actions.

2.2 Priority of These Terms

By commissioning EaseCert or placing an order, the customer expressly agrees that only these terms apply. Any differing or supplementary terms of the customer—for example, in purchase orders, general purchasing conditions, or other documents—are not recognised unless EaseCert has expressly agreed to them in writing.

2.3 Exclusive B2B Nature

EaseCert’s services are directed exclusively at businesses, that is, legal entities, merchants, entrepreneurs within the meaning of Section 14 BGB (German Civil Code), or comparable organisations. The customer confirms that they are not a consumer and that the contract is concluded solely for business purposes. Consumer protection provisions, particularly the right of withdrawal in distance contracts under Section 355 BGB, do not apply. Should a non-business individual mistakenly conclude a contract with EaseCert, EaseCert reserves the right to terminate such contract immediately.

2.4 Priority of Individual Agreements

In the event of a separate written agreement between the parties (e.g. a service contract or framework agreement), its provisions take precedence over these General Terms and Conditions insofar as they contain divergent terms. In all other respects, these GTC apply in addition.

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3. Offer and Conclusion of Contract

3.1 Non-Binding Offers

All descriptions of services, prices, and contents on the EaseCert website (including the Shopify-based online store) or in brochures, presentations, and offers do not constitute legally binding offers but rather a non-binding invitation for the customer to submit an offer (invitatio ad offerendum). EaseCert reserves the right to correct obvious errors, spelling mistakes, or calculation errors at any time.

3.2 Submission of an Order

When the customer selects a service via the EaseCert website and completes the checkout process—or otherwise submits an order or a signed quotation—this constitutes a binding offer by the customer to conclude a contract for the selected services under these GTC. The customer must ensure that all order details (e.g. selected services, product categories, quantities, prices) and all submitted information (e.g. company data, product information) are complete and accurate. By submitting the order, the customer also confirms that they are authorised to legally bind the company or organisation on whose behalf the order is placed.

3.3 Acceptance / Order Confirmation

A contract is only concluded upon acceptance of the order by EaseCert. Acceptance is at EaseCert’s sole discretion and may occur by:

• sending a formal order confirmation via email or other electronic communication, or
• commencing performance of the service (e.g. contacting the customer to obtain information, providing initial deliverables, or—in the case of authorised representative services—registering as the customer’s representative).

If no order confirmation or service performance occurs within a reasonable time, the customer’s offer is deemed not accepted. EaseCert reserves the right to reject orders or request modifications before acceptance.

3.4 Right to Decline Services

EaseCert reserves the right to reject orders in whole or in part, particularly if:

• the requested service scope is not feasible,
• the customer’s business activities or products do not fall within EaseCert’s service area or represent an unreasonable risk, or
• legal or compliance-related concerns exist.

If payment has already been made for a rejected order, it will be fully refunded to the customer.

3.5 Duration of the Contract

Unless otherwise agreed, the contract enters into force upon acceptance by EaseCert and remains valid:

• for one-time services (e.g. product safety assessments, certification support, documentation review) until full completion of the agreed services and payment of the fee;
• for ongoing services as authorised representative or Responsible Person, from the date of acceptance, for an indefinite period—without automatic termination, renewal, or recurring fees—until termination in accordance with Section 12 of these GTC.

4. Description of Services and Performance

4.1 Scope of Services

EaseCert provides services according to the customer’s order or an individually agreed quotation. Services may include in particular:

• product safety assessments,
• support with compliance and certification under the General Product Safety Regulation (GPSR),
• verification of product labelling for conformity,
• preparation or review of technical documentation (e.g. digital product passport, declarations of conformity),
• acting as authorised EU representative / Responsible Person,
• assistance with registration in the EU Safety Gate or other registries, and
• other consulting and support services in the field of product compliance.

The specific scope of services, deliverables, and any schedule are determined by the service description on the website or a separate offer.

4.2 No Subscription – One-Time Fee

EaseCert operates on a one-time fee basis for comprehensive services. It is not a subscription model. Unless expressly agreed otherwise, the one-time fee covers the entire agreed service. There is no automatic renewal or recurring cost. Any additional work requires a separate order.

4.3 Standard of Performance

EaseCert performs all services with professional care, using qualified personnel or suitable subcontractors. The goal is to achieve compliance objectives, but without guaranteeing a specific result (see Section 10). Services are based on the information provided by the customer and the legal requirements in force at the time of performance.

4.4 Timelines

Any schedules or target deadlines are non-binding unless explicitly agreed in writing as “binding.” The progress of compliance processes may be affected by external factors. EaseCert endeavours to meet timelines but is not liable for delays beyond its control.

4.5 Adjustment of Scope

EaseCert may adjust the scope or methodology of services if necessary to comply with current legal requirements or new product information—provided the overall value of the service is not materially affected. Material changes will be discussed with the customer beforehand. Additional work must be separately commissioned and compensated.

4.6 Use of Subcontractors

EaseCert may engage suitable subcontractors or partners (e.g. laboratories, testing providers, experts). Responsibility toward the customer remains with EaseCert. Subcontractors are subject to the same confidentiality and data protection obligations as EaseCert.

4.7 Legal Compliance by EaseCert

EaseCert complies with all laws and professional regulations relevant to its services. Changes required due to new legal requirements or official orders do not constitute a breach of contract.

4.8 Retention of Records

EaseCert retains copies of relevant documents for at least ten years or as required by law (whichever is longer). This may include electronic archiving. EaseCert may use these records to fulfil regulatory documentation obligations.

4.9 Work Results

Reports, analyses, certificates, and similar deliverables are provided to the customer in standard formats (e.g. PDF). They are considered accepted unless the customer submits a written objection within 14 days of receipt. Minor deviations do not constitute a defect.

4.10 Limitations

EaseCert is not a law firm and not a notified body. Its services do not constitute legal certification and do not guarantee that a product is legally unassailable. The ultimate responsibility for product safety and legal compliance rests with the customer. EaseCert provides support based on the information supplied. Even when services are properly performed, no assurance of market approval can be given.

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5. Customer Obligations

5.1 Provision of Accurate Information

The customer undertakes to provide all information and documents necessary for the performance of the services in a complete, accurate, and timely manner. This includes in particular:

• company details (e.g. name, address, contact person),
• product specifications (e.g. design, materials, intended use, product category),
• technical documentation (e.g. risk assessments, test reports, manuals), and
• all known risks, hazards, or regulatory incidents.

The customer guarantees that all submitted data is, to the best of their knowledge, correct, up to date, and not misleading.

5.2 Cooperation and Responsiveness

Throughout the entire term of the contract, the customer shall cooperate actively and in good faith with EaseCert. This includes in particular:

• availability for questions,
• prompt review of drafts or reports, and
• immediate response to requests (especially where authorities impose deadlines).

Delays or service failures resulting from the customer’s lack of cooperation are not the responsibility of EaseCert. Any timelines are extended accordingly.

5.3 Responsibility for Compliance

Responsibility for the conformity and safety of products remains with the customer. EaseCert provides recommendations for compliance with legal requirements. If the customer chooses not to follow these recommendations, they do so at their own risk. Products identified by EaseCert as non-compliant or unsafe must not be placed on the market until all deficiencies have been corrected.

5.4 Technical Documentation and Record-Keeping

The customer is responsible for creating and maintaining their technical product documentation. EaseCert supports this within the scope of the agreed service. If EaseCert acts as authorised representative, the customer must provide the final technical documentation and any subsequent updates without delay.

5.5 Product Changes

The customer must immediately inform EaseCert of any changes to the product or its intended use, including:

• design changes,
• changes in manufacturing process,
• material substitutions,
• new target markets,
• safety-related incidents, or
• notifications from authorities.

Such changes may require additional review. EaseCert reserves the right to offer any resulting additional work as a separate paid service.

5.6 Lawful Business Conduct

The customer is responsible for complying with all applicable laws and must not request EaseCert to engage in unlawful activity. If the customer’s business activity proves to be illegal or subject to sanctions, EaseCert is entitled to suspend or terminate the contract.

5.7 Payment of Fees

Service fees must be paid in accordance with Section 7. In case of payment default, EaseCert may suspend service delivery until full payment is received.

5.8 No Unlawful Use of Work Results

Work results may be used only within the agreed scope. Any alteration, misleading use, or misrepresentation of unprovided services is prohibited.

5.9 Obligation to Notify End of Market Placement

If the customer ceases to place a product on the market or changes the authorised representative, EaseCert must be informed immediately in writing. After the end of the contract, the customer may no longer name or use EaseCert as representative.

5.10 Insurance Requirement

The customer is encouraged to maintain adequate product liability and compliance insurance to cover risks (including recalls and regulatory actions). Proof of insurance must be provided upon request.

6. Service as EU Authorised Representative / Responsible Person

6.1 Scope

This section applies when the customer commissions EaseCert to act as authorised EU representative or Responsible Person under EU law (e.g. GPSR). In case of conflict with other provisions of the GTC, the provisions of this section take precedence.

6.2 Appointment and Mandate

Once booked and accepted by EaseCert, the authorisation automatically takes effect—no separate signed contract is required. EaseCert accepts the mandate under the terms of this agreement. The purpose is to fulfil the legal requirement for manufacturers outside the EU to appoint an authorised representative established within the EU.

6.3 Scope of Representation

Within the framework of applicable legislation, EaseCert performs the following tasks (non-exhaustive list):

• retention and provision of technical documentation upon request by market surveillance authorities,
• being named as EU representative on the product, packaging, or documentation,
• communication with EU authorities regarding conformity inquiries or enforcement actions,
• verification of compliance with manufacturer obligations where legally required, and
• participation in recalls, notifications, or other corrective actions in cases of non-compliance.

Duration of Representation: As long as the product is marketed under EaseCert representation and no termination has taken place. There is no ongoing annual fee.

6.4 Customer Obligations (in Case of Representation)

Where EaseCert acts as authorised representative, the customer must:

• Labelling: correctly affix the name and address of EaseCert on the product as required by law. Use is limited to the products covered by the contract.
• Provision of Technical Documentation: supply complete and up-to-date documentation, including the Declaration of Conformity. Any changes must be reported immediately.
• Product Samples: provide product samples at their own expense if requested by authorities.
• Communication with Authorities: forward all official inquiries or orders immediately and comply with them. EaseCert must be informed and supplied with all requested information.
• Corrective Actions: implement corrective measures (e.g. recalls) without delay in case of non-compliance. EaseCert may act independently if the customer fails to do so.

6.5 No Assumption of Liability

The overall legal responsibility remains with the manufacturer or importer. EaseCert acts in a supporting capacity and does not bear responsibility for product safety or regulatory deficiencies. The customer agrees to indemnify EaseCert against any damages resulting from non-compliance (see Section 11).

6.6 Right to Refuse or Withdraw Representation

EaseCert may refuse or terminate representation if:

• false information was provided,
• the product poses serious risks,
• sufficient documentation is not provided, or
• the customer otherwise breaches applicable law or the contractual terms.

In such cases, no refund will be issued. EaseCert may also notify authorities of the termination.

6.7 Duration and Termination

Representation continues indefinitely until either party terminates it. The customer must:

• inform EaseCert of the end of market placement or change of representative, and
• remove the name and address of EaseCert from all materials.

Formal termination documents may need to be signed. For further details, see Section 12.

6.8 Limited Scope of Role

EaseCert acts solely within the legally defined duties of an EU representative. EaseCert is not an importer or distributor, does not perform quality inspections, and does not guarantee product safety beyond the review of documentation.

7. Fees and Payment

7.1 Prices and Currency

All fees for EaseCert’s services are specified either on the website (for standard packages) or in a written quotation or invoice. Prices may be displayed in different currencies; the applicable currency is the one shown at checkout or on the invoice. All prices are net, exclusive of applicable taxes. Within the EU, VAT may apply depending on the customer’s location and VAT status. If the customer provides a valid EU VAT ID outside Germany, an intra-Community supply may be exempt from VAT. Customers outside the EU are responsible for any local taxes or reverse-charge procedures.

7.2 One-Time Fee, No Subscriptions

Services are generally offered for a one-time flat fee. This also covers ongoing functions such as representation as an EU Authorised Representative—without annual fees or automatic renewals. Any additional or new services require a separate agreement and payment.

7.3 Payment Without Deductions

All payments must be made in full, without deductions, withholdings, or offsets. Bank or transaction fees are the responsibility of the customer, ensuring that EaseCert receives the full invoiced amount.

7.4 Payment Terms

Payment is due at the time of order unless otherwise agreed in writing. Online payments are processed via Shopify using standard payment methods (e.g. credit card, PayPal). For offline orders (e.g. bank transfer), the payment terms stated on the invoice apply. All payments must be made in the specified currency.

7.5 Payment Security

Online payments are processed through secure, PCI-compliant gateways. EaseCert does not collect or store complete card data. Orders with failed or unauthorised payments will not be processed.

7.6 Invoices and Corrections

An electronic invoice or receipt is issued for every payment. The customer is responsible for reviewing and retaining it and must immediately request correction of any errors (e.g. company name).

7.7 Late Payment

If payment deadlines are agreed, late payment will result in statutory default interest (generally 9 percentage points above the base rate). EaseCert also reserves the right to claim higher damages (e.g. collection costs).

7.8 No Set-Off or Retention

The customer is not entitled to withhold or offset payments based on its own claims, unless such claims are undisputed or legally established.

7.9 Refunds and Cancellations

Once the contract is concluded and performance has begun, the customer has no right to refund or cancellation, as the services are tailored to specific client needs. If the customer cancels before the start of performance, EaseCert may, at its discretion, grant a partial refund. If EaseCert is unable to perform the service, a refund will be issued for any unrendered portion.

7.10 Additional Costs

The fee includes the professional service and standard incidental expenses. External costs (e.g. government fees, laboratory testing, shipping, or travel expenses) are not included. Such expenses are billed separately or borne directly by the customer. EaseCert will inform the customer of these additional costs in advance and may require prepayment.

7.11 Price Changes

EaseCert reserves the right to adjust prices for future offers on its website. The agreed price applies to confirmed orders. For long-term projects or substantial cost changes (e.g. exchange rates, government fees), EaseCert may negotiate a price adjustment with the customer. Statutory tax changes may be passed on without requiring customer consent.

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8. Confidentiality and Data Protection

8.1 Duty of Confidentiality

Both parties acknowledge that, in the course of performing the contract, they may gain access to confidential information of the other party. Each party agrees to treat all confidential information strictly confidentially and to use it solely for the fulfilment of the contract. Disclosure to third parties is only permitted if required for performance (e.g. employees, subcontractors, advisors) and provided those persons are subject to equivalent confidentiality obligations. Confidential information includes, in particular, technical, business, financial, and product-specific information, reports, analyses, contract details, pricing, and other non-public data. Additional specific confidentiality rules mentioned in offers or particular services apply alongside EaseCert’s Privacy Policy available at https://easecert.com/policies/privacy-policy.

8.2 Exceptions

The confidentiality obligation does not apply to information that:

• is already publicly known or becomes public without breach of this contract,
• was demonstrably known to the receiving party before disclosure,
• is lawfully obtained from a third party without a duty of confidentiality, or
• must be disclosed under legal, judicial, or regulatory orders.

If disclosure is legally required, the receiving party shall—where legally permissible—notify the other party in advance and disclose only what is necessary.

8.3 Use of Names and References

EaseCert may use the customer’s name and general project details in reference lists or marketing materials unless the customer objects in writing. Such references are factual and non-confidential (e.g. “EaseCert acted as EU representative for [Company X]”). Sensitive or technical confidential information will not be published without explicit consent. The customer may object to or revoke the reference listing at any time in writing.

8.4 Data Protection (GDPR)

EaseCert complies with the EU General Data Protection Regulation (GDPR) and other applicable data protection laws.

• EaseCert processes personal data solely for contract fulfilment and to comply with legal obligations.
• EaseCert acts as a data controller for its own client data (e.g. billing or contact data) and as a data processor for personal data handled on behalf of the customer (e.g. in technical documentation).
• EaseCert implements appropriate technical and organisational measures to protect personal data against unauthorised access, loss, or misuse.
• The customer is responsible for ensuring that any personal data provided to EaseCert has been lawfully collected and transferred. The customer may only share necessary data and must inform or obtain consent from data subjects where required.
• Personal data is shared with third parties only where necessary for service delivery (e.g. testing laboratories, authorities, or hosting providers) and always under confidentiality safeguards.

8.5 Retention and Deletion

EaseCert retains personal and confidential data only as long as necessary for contract fulfilment or legal record-keeping requirements. After these periods expire, data is deleted or anonymised. Under the GDPR, data subjects may request access, rectification, or deletion of their personal data unless prevented by legal obligations.

8.6 Continuation of Confidentiality

Confidentiality obligations continue beyond the termination of the contract as long as the information remains confidential or worthy of protection. Upon request of the disclosing party or after contract termination, confidential materials must be returned or securely deleted. EaseCert may retain one archival copy for documentation purposes where legally permitted.

9. Intellectual Property Rights

9.1 EaseCert’s Intellectual Property

All intellectual property rights (including copyrights, trademarks, design rights, patents, trade secrets, and know-how) in methods, templates, tools, software, and materials developed or used by EaseCert remain the sole property of EaseCert or its licensors. Deliverables provided (e.g. reports, certificates, guidelines, analyses) are licensed to the customer for internal business use only—they are not sold or transferred. The customer may use the deliverables for internal documentation and for fulfilling legal obligations (e.g. submission to authorities, business partners, or internal audits), but may not publish, modify, or use them for commercial purposes unless required by law or expressly permitted. Copyright or trademark notices from EaseCert must not be removed.

9.2 Customer’s Intellectual Property

All rights to products, brands, logos, designs, data, and other materials provided by the customer remain with the customer. EaseCert acquires no ownership rights therein. However, the customer grants EaseCert a non-exclusive, royalty-free licence to use these materials solely for the purpose of fulfilling the contract, in particular for performing compliance checks, preparing reports, and drafting declarations of conformity.

9.3 Third-Party Rights

Where services involve third-party materials or software (e.g. standards documents, test protocols, databases), both parties acknowledge the respective third-party rights. EaseCert will inform the customer if additional licences are required for certain third-party materials. The customer is responsible for obtaining such licences unless otherwise agreed.

9.4 Use of Logos and Names

Neither party may use the other’s name, logo, or trademark for advertising, press, or marketing purposes without prior written consent.

Exceptions:

• The customer may factually state that “EaseCert GmbH acts as EU Authorised Representative” for its product (for the duration of this service).
• EaseCert may refer to the customer as a reference in accordance with Section 8.3.

Any further use, particularly for promotional purposes or on packaging and websites, requires explicit written approval.

9.5 Deliverables and Licence

Upon full payment of the agreed fee, the customer receives a perpetual, worldwide, non-transferable, and non-exclusive licence to use the deliverables provided by EaseCert solely to ensure and demonstrate compliance of their products. This licence includes the right to share the deliverables with authorities or business partners as necessary. Sub-licensing, sale, or transfer to third parties for other purposes (especially imitation or competition with EaseCert) is prohibited.

9.6 Suggestions and Feedback

If the customer submits suggestions or feedback that lead to improvements in EaseCert’s services, documentation, or systems, the intellectual property rights to such improvements—unless they concern the customer’s protected intellectual property—transfer to EaseCert. EaseCert may use these improvements worldwide and permanently. EaseCert will not disclose confidential product- or client-specific insights except in anonymised or aggregated form.

9.7 Indemnity for Infringements

Each party warrants, to the best of its knowledge, that the materials it provides do not infringe the rights of third parties. If the customer breaches this warranty—particularly by providing materials, data, or content that infringe third-party rights—they shall indemnify EaseCert against all resulting claims, damages, and costs (in addition to the general indemnity obligation under Section 11).

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10. Limitation of Liability

10.1 Principle of Risk Allocation

EaseCert undertakes to perform all services with the level of care customary in business and in accordance with contractual obligations. However, as a B2B service provider, all services are provided under a limited liability framework. The customer agrees to maintain complementary protective measures (e.g. insurance, internal quality assurance).

10.2 No Liability for Product Outcomes

EaseCert is not the manufacturer of the customer’s products and has no influence over their design, manufacture, or quality. EaseCert therefore accepts no liability for damages or losses arising from the use, performance, safety, or legal status of the customer’s products—including but not limited to:

• third-party product liability claims (e.g. personal injury, property damage),
• economic losses (e.g. recall costs, loss of sales, sales bans),
• regulatory actions or fines.

Full responsibility for such matters lies with the customer, who must indemnify EaseCert in the event of loss (see Section 11).

10.3 Overall Liability Cap

To the extent permitted by law, EaseCert’s total liability arising from or in connection with a specific service is limited to the amount paid by the customer for that service. Example: for a service fee of EUR 500, the maximum liability is EUR 500, regardless of the nature or number of claims.

10.4 Exclusion of Consequential Damages

EaseCert is not liable for indirect or consequential losses, including loss of profit, revenue, business, reputation, operational interruptions, loss of opportunities, or indirect third-party damages.

10.5 Data Loss

EaseCert takes appropriate measures for data protection but assumes no liability for loss, damage, or alteration of customer data. The customer remains responsible for backing up their own data.

10.6 Non-Excludable Liability

These limitations do not apply to:

• damages caused by wilful misconduct or gross negligence by EaseCert,
• damages resulting from injury or death due to culpable conduct by EaseCert,
• mandatory statutory liability (e.g. under the Product Liability Act or GDPR).

10.7 Simple Negligence

In cases of simple negligence, EaseCert is liable only for breaches of essential contractual obligations (“cardinal obligations”), limited to foreseeable and typical damages and in no case exceeding the amount paid for the service.

10.8 Advisory Services

Information or recommendations provided by EaseCert are given to the best of its knowledge but without guarantee that authorities or courts will adopt the same interpretation. EaseCert is only liable for resulting damages if they arise directly from EaseCert’s breach of duty, subject to the same liability limitations.

10.9 No Aggregation Across Contracts

Liability for each contract is limited individually to the corresponding fee. Liability amounts from multiple contracts cannot be aggregated.

10.10 Acts of Third Parties

EaseCert is not liable for events or delays caused by third parties beyond its control (e.g. laboratories, authorities, hosting providers, Shopify systems).

10.11 Duty to Mitigate Loss

The customer must promptly report identifiable risks or damages and take appropriate measures to mitigate losses as far as possible.

10.12 Insurance and Acceptance of Risk

The customer acknowledges these liability limitations as a reasonable allocation of risk in a B2B contractual relationship and agrees to maintain adequate insurance coverage for potential damages.

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11. Indemnification by the Customer

11.1 General Principle

The customer agrees to indemnify and hold harmless EaseCert, its affiliated companies, and their directors, employees, and agents to the fullest extent permitted by law from all claims, damages, costs, and expenses arising in connection with the following circumstances:

11.2 Product Liability

Any third-party claims (e.g. from end users, distributors, or authorities) for bodily injury, death, or property damage caused by the customer’s products.

11.3 Regulatory Risks and Non-Compliance

Fines, recall costs, market bans, regulatory requirements, or other sanctions arising from non-compliance of the customer’s products.

11.4 Breach of Contract

Damages resulting from the customer’s breach of obligations, in particular:

• false statements or omissions,
• misuse of deliverables or of the EaseCert name.

11.5 Intellectual Property Infringements

Third-party claims based on alleged infringement of copyright, trademark, patent, or trade secret rights arising from materials, data, or products provided by the customer.

11.6 Scope of Indemnification

The indemnification covers all direct and indirect costs, including:

• legal and court fees,
• settlement payments,
• recall and investigation costs,
• administrative expenses.

EaseCert will promptly inform the customer of any relevant claims and allow the customer an opportunity to participate in the defence. EaseCert retains the right to engage its own legal counsel.

11.7 Exceptions

This indemnification does not apply where the underlying damage results from intentional or grossly negligent conduct by EaseCert itself.

11.8 Survival After Termination

The indemnification obligation continues indefinitely beyond the termination of the contract—particularly for future liability cases arising from services already performed.

12. Term and Termination

12.1 General

This section governs the termination of the contractual relationship between EaseCert and the customer and the consequences of such termination. A distinction is made between one-time services and ongoing services provided as EU Authorised Representative or Responsible Person.

12.2 One-Time Services

• End of Contract: For one-time or project-based services (e.g. risk assessment report, technical documentation review, compliance consulting without ongoing representation), the contract automatically ends once EaseCert has fully performed the agreed service and the customer has paid the full fee.
• Survival of Certain Obligations: Provisions that, by their nature, extend beyond the end of the contract (e.g. confidentiality, liability, indemnification, intellectual property rights) remain in effect.

12.3 Ongoing Services as Authorised Representative

• Duration of Contract: EaseCert’s role as EU Authorised Representative or Responsible Person is open-ended, without a fixed termination date, and continues until terminated by either party under the provisions below.

Termination by the Customer:

• a) Form and Notice Period: The customer may terminate the service at any time by written notice (e.g. by email or letter) stating the effective termination date. A notice period of at least 30 days is recommended to ensure an orderly transition.
• b) Obligation to Appoint a New Representative: If the customer continues to market the product in the EU, a new authorised representative must be appointed before or at the time the termination becomes effective. The relevant authorities and product labelling must also be updated accordingly.
• c) No Refund: Fees are non-refundable in the case of termination initiated by the customer, as the one-time payment covers the services already performed and representation up to the date of termination.

Termination by EaseCert (Without Fault of the Customer):

• a) EaseCert generally aims to provide long-term representation (“lifetime coverage”) but may, in exceptional cases, terminate the service with 90 days’ notice, for example if:
  • EaseCert discontinues a specific service or ceases business operations,
  • legal changes or regulatory requirements make continuation impossible or unreasonable, or
  • serious external circumstances (force majeure) occur.
• b) EaseCert will provide reasonable assistance to the customer during the transition to a new representative. If termination occurs shortly after service commencement, EaseCert may, at its discretion, grant a partial refund.

Termination by EaseCert Due to Compliance or Contractual Breaches:

EaseCert may terminate the service with immediate effect if the customer’s conduct or products create material legal, regulatory, or reputational risks. This includes, in particular:

• false, incomplete, or misleading product information,
• failure to provide or update technical documentation on time,
• disregard of corrective action or recall instructions,
• continued marketing of unsafe or prohibited products,
• breaches of applicable EU law or ethical standards.

In such cases, EaseCert may notify the relevant authorities that representation has ended. Fees already paid will not be refunded. If the customer fails to remove the name or address of EaseCert from product labels, packaging, or documentation after contract termination, EaseCert may charge a contractual penalty of EUR 5,000 per violation, without prejudice to further claims for damages.

Termination for Cause:

• Either party may terminate the contract with immediate effect for cause, particularly if:
  • a party materially breaches its contractual obligations and fails to remedy the breach within a reasonable period after written notice, or
  • a party becomes insolvent or bankruptcy proceedings are initiated.

For the customer, material breaches include:

• payment default,
• deception through false information,
• disregard of compliance instructions,
• lack of cooperation in dealings with authorities.

For EaseCert, material breach includes gross failure to perform key contractual duties or misuse of confidential customer data. If termination occurs due to the customer’s fault, the full fee remains payable. If due to EaseCert’s fault, fees paid for unperformed services will be refunded proportionally.

Termination Due to Legal Changes:

If new laws, regulations, or official requirements make continuation of the service unlawful or impossible, both parties will first seek an amicable solution. If that is not feasible, EaseCert may terminate the affected service with immediate effect. Fees paid for unperformed services may be partially refunded at EaseCert’s reasonable discretion.

12.4 Consequences of Termination

• Cessation of Use: The customer may no longer use the name or address of EaseCert and must update all labels, packaging, and accompanying documentation accordingly.
• Notification of Authorities: EaseCert has the right to inform the relevant authorities of the termination of representation.
• Handling of Documents: Confidential information must be returned or securely destroyed upon request. EaseCert may retain documents required by law or necessary for evidentiary purposes.
• Continuation of Certain Provisions: Clauses regarding confidentiality, intellectual property, liability, indemnification, data protection, and record-keeping obligations remain in force after contract termination.
• Use of Existing Deliverables: The customer may continue to use previously provided deliverables for internal compliance documentation but not for new or modified products or future compliance projects.

12.5 Transitional Support

EaseCert will provide reasonable support to the customer following termination to ensure a smooth transition to a new authorised representative, provided this can be done without disproportionate effort. Any additional services required for the transition (e.g. document handover, authority correspondence) may be charged separately.

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13. Force Majeure

13.1 Exclusion of Liability

Neither EaseCert nor the customer shall be liable for any failure or delay in the performance of their obligations (except payment obligations) if caused by events of force majeure. Force majeure includes, but is not limited to: natural disasters, fire, explosions, epidemics or pandemics, war, acts of terrorism, civil unrest, strikes, power or internet outages, government interventions, or sudden changes in law.

13.2 Duty to Notify

The affected party must promptly inform the other party in writing of the nature, onset, and expected duration of the event. The affected obligations are suspended for the duration of the event.

13.3 Consequences and Duty to Mitigate

The affected party must take all reasonable measures to mitigate damages and resume performance as soon as possible. Any deadlines or time periods are extended accordingly.

13.4 Right to Terminate in Case of Prolonged Force Majeure

If a force majeure event lasts for more than 60 days and performance of the contract becomes unreasonable, either party may terminate the contract by written notice. Services already rendered must be paid proportionally. Advance payments for unperformed services will be refunded.

13.5 No Exemption for Payment Obligations

Financial hardship or liquidity problems of the customer do not constitute force majeure. Payment obligations remain in force under all circumstances.

14. Governing Law and Jurisdiction

14.1 Choice of Law

This contract is governed exclusively by German law. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

14.2 Jurisdiction

For all disputes arising from or in connection with this contract, the competent court at the registered office of EaseCert in Trier, Germany, shall have exclusive jurisdiction, provided that:

• the customer is a merchant, legal entity under public law, or a special fund under public law, or
• the customer has no general place of jurisdiction in Germany.

EaseCert also reserves the right to bring action at the customer’s place of business.

14.3 International Proceedings

For customers outside Germany, EaseCert may seek preliminary legal protection (e.g. injunctions) in other jurisdictions in the event of an imminent legal violation. Substantive resolution shall, however, take place before a German court.

14.4 Contract Language

The contract language is English unless a German version has been expressly agreed. In the event of discrepancies between language versions, the German version shall prevail.

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15. Terms of Use of Our Website

15.1 Scope

Our website is operated by EaseCert GmbH. Throughout the site, the terms “we,” “us,” and “our” refer to EaseCert GmbH. EaseCert GmbH offers this website, including all information, tools, and services available from it, to you, the user, on the condition that you accept all terms, conditions, policies, and notices stated here.

15.2 Consent to Use

By visiting our website and/or purchasing something from us, you participate in our “Service” and agree to be bound by the following terms and conditions (“Terms of Use,” “Terms”), including any additional terms and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the site, including but not limited to visitors, vendors, customers, merchants, and content contributors.

15.3 Conditions of Use

Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree with all of the terms of this agreement, you may not access the website or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

15.4 Modifications and Updates

Any new features or tools added to the current store shall also be subject to these Terms of Use. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Use by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

15.5 Online Store and Platform

Our store is hosted by Shopify Inc., which provides the online e-commerce platform that allows us to sell our products and services to you.

15.6 Online Store Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given us your consent to allow your minor dependents to use this website. You may not use our products for any illegal or unauthorised purpose nor violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in immediate termination of your access to the Service.

15.7 General Conditions

We reserve the right to refuse service to anyone at any time for any reason. You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmission over various networks and (b) changes to conform to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service or website without our express written permission. Headings in this agreement are for convenience only and do not affect interpretation.

15.8 Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete, or current. The material is provided for general information only and should not be relied upon as the sole basis for decision-making. Use of such information is at your own risk. This website may contain historical information which is not necessarily current and is provided for reference only. We reserve the right to modify the contents of the site at any time but are under no obligation to update any information.

15.9 Changes to Service and Prices

Prices for our services are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

15.10 Services

Certain services may be available exclusively online through the website. These services may have limited availability and are subject to return or exchange according to our policies. We reserve the right to restrict sales to any person, region, or jurisdiction and to limit quantities. Descriptions and pricing of services are subject to change at any time without notice, at our discretion. We may discontinue any service at any time. All services offered on this website are void where prohibited by law. We do not warrant that the quality of information obtained will meet your expectations or that any errors will be corrected.

15.11 Accuracy of Billing and Account Information

We reserve the right to refuse any order. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may apply to orders using the same customer account, credit card, or billing/shipping address. If an order is changed or cancelled, we will attempt to notify you via email or using the billing address/phone number provided at the time of order. You agree to provide current, complete, and accurate purchase and account information for all transactions. You agree to promptly update your account and other details (including email address, credit card number, and expiration date) so we can complete your transactions and contact you as needed. See our return policy for more details.

15.12 Optional Tools

We may provide you with access to third-party tools over which we have no control or oversight. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties or conditions. We accept no liability for your use of optional third-party tools. Your use of such tools is entirely at your own risk, and you should ensure that you understand and approve the terms of the relevant third-party providers. We may also offer new services or features through the website in the future. Such new features shall also be subject to these Terms of Use.

15.13 Third-Party Links

Content, products, or services available via our website may include materials or links from third parties. Third-party links may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party materials and do not warrant or assume any liability for them. We are not liable for any harm or damages related to the purchase or use of goods, services, or content associated with third-party websites. Please review third-party policies carefully before engaging in any transaction.

15.14 User Comments, Feedback, and Other Submissions

If you submit creative ideas, suggestions, proposals, or other materials (“comments”), you agree that we may edit, copy, publish, distribute, translate, or otherwise use them at any time. We are under no obligation (1) to maintain comments in confidence, (2) to pay compensation, or (3) to respond. We may, but are not obligated to, monitor or remove content we determine, in our sole discretion, to be unlawful, offensive, defamatory, pornographic, obscene, or otherwise objectionable, or that violates third-party rights. You warrant that your comments do not violate the rights of any third party or any law and that you are solely responsible for your submissions. We assume no liability for them.

15.15 Personal Information

Your submission of personal information through the store is governed by our Privacy Policy, available at https://easecert.com/policies/privacy-policy.

15.16 Errors, Inaccuracies, and Omissions

Occasionally, information on our website or within the Service may contain errors, inaccuracies, or omissions (e.g. relating to product descriptions, pricing, offers, shipping costs, or availability). We reserve the right to correct, amend, or cancel orders containing such information at any time and without prior notice, including after an order has been submitted. We are under no obligation to update or amend any information unless required by law. The presence of an update date does not imply that all information has been updated.

15.17 Prohibited Uses

In addition to other prohibitions stated in these Terms, you are prohibited from using the website or its content for:

• (a) unlawful purposes;
• (b) soliciting others to perform unlawful acts;
• (c) violating any laws or regulations;
• (d) infringing our or others’ intellectual property rights;
• (e) harassing, abusing, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• (f) providing false or misleading information;
• (g) uploading or transmitting viruses or malicious code;
• (h) collecting or tracking personal data of others;
• (i) spamming, phishing, pharming, crawling, or scraping;
• (j) obscene or immoral purposes;
• (k) interfering with or circumventing the security features of the Service or the Internet.

We reserve the right to suspend your access in case of any violation.

15.18 Disclaimer; Limitation of Liability

We do not guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the Service will be accurate or reliable. You agree that we may suspend or discontinue the Service at any time without notice. Your use of the Service is entirely at your own risk. The Service and all products or services delivered through it are provided “as is” and “as available,” without any warranties, express or implied—including implied warranties of merchantability, fitness for a particular purpose, durability, or title. In no case shall we be liable for any direct, indirect, incidental, punitive, or consequential damages or data loss, to the extent permitted by law.

15.19 Indemnification

You agree to indemnify and hold harmless EaseCert GmbH and its partners, representatives, licensors, service providers, subcontractors, and employees from any claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use or any applicable law.

15.20 Severability; Governing Law; Amendments; Contact

If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The parties shall replace the invalid provision with a valid one that most closely reflects the intended economic purpose. These Terms of Use and all separate agreements are governed by German law. The UN Convention on the International Sale of Goods (CISG) is excluded. We reserve the right to amend these Terms at our discretion by posting updates on our website. It is your responsibility to review the website regularly for changes. Your continued use or access following publication constitutes acceptance of the updated Terms.

16. Final Provisions

16.1 Entire Agreement

These General Terms and Conditions, together with the respective order, quotation, or written service agreement, constitute the entire contractual foundation between the parties and replace all prior oral or written agreements.

16.2 Amendments

Any amendments or additions to this contract must be made in writing. EaseCert may amend these Terms for future contracts; for ongoing services, changes will be communicated to the customer. If the customer does not object within 30 days, the changes shall be deemed accepted.

16.3 No Waiver

Failure to enforce any right or provision of this agreement shall not constitute a waiver of such right or any other future claim.

16.4 Severability

If any provision of this contract is or becomes invalid or unenforceable, the validity of the remaining provisions shall not be affected. The parties agree to replace the invalid provision with one that most closely reflects the intended economic purpose.

16.5 Assignment

The customer may not transfer rights or obligations under this contract to third parties without prior written consent from EaseCert. EaseCert may assign this contract to an affiliated company in the context of a restructuring or business transfer.

16.6 Independent Parties

The parties act as independent contractors. This agreement does not create an employment relationship, partnership, or agency beyond the expressly agreed roles.

16.7 Notices

Formal notices and legally relevant declarations must be sent to the last known address or email address of the respective party. Electronic communications (e.g. by email or platform message) are considered valid provided the sender and recipient are identifiable. A qualified electronic signature is not required unless legally mandated.

16.8 Headings

Headings used in these Terms are for convenience only and have no effect on the interpretation of the provisions.

16.9 Precedence

In the event of a conflict between these General Terms and Conditions and an individually negotiated contract, the individual contract shall prevail.

16.10 Acceptance

These General Terms and Conditions are deemed accepted upon the customer’s order and payment. Placing and paying for an order constitutes legally binding acceptance of these Terms.

16.11 Evidence

Electronic records maintained by EaseCert (e.g. orders, emails, access logs) constitute full evidence of contractual arrangements unless expressly disproved.

16.12 Disclaimer Regarding Regulatory Information

Documents and information provided by EaseCert GmbH are for general informational and guidance purposes only. They do not constitute legal advice and do not replace the manufacturer’s or importer’s own responsibility to comply with all applicable legal requirements—particularly under Regulation (EU) 2023/988 on general product safety (GPSR). The manufacturer or importer remains solely responsible for the legal and technical compliance of all consumer products placed on the market within the European Union. The guidance and assessments provided by EaseCert are based on information supplied by the manufacturer and reflect the knowledge available at the time of preparation. If the manufacturer’s input is incomplete, inaccurate, or outdated, the resulting assessment may also be incomplete or misleading. The information provided by EaseCert GmbH is not legally binding, does not represent an officially recognised assessment, and has no legal effect vis-à-vis supervisory or enforcement authorities. It does not relieve the manufacturer or importer of the obligation to independently ensure compliance with all applicable legal requirements. Use of the information provided by EaseCert does not replace consultation with a qualified legal professional. Neither certifications, assessments, references, nor recommendations issued by EaseCert create legal claims or obligations toward third parties or authorities.

16.13 Contact Information

For questions regarding the Terms of Service, please contact us at info@easecert.com.