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General Terms and Conditions of Sale and Use

PREAMBLE

FLOWSTOP is a Company based in France with a capital of €130 313,50, whose registered office is located at 35 Avenue du Danemark, 82003 Montauban, registered with the RCS of Montauban under the number 844 617 555. The offer presented to the Customer specifies the specific conditions of the sale of the Equipment and the delivery of the Service, as defined below. The signing of this document constitutes acceptance of these General Terms and Conditions of Sale and Use (GTCSU) and is a prerequisite for the manufacture and delivery of the Equipment, as well as the provision of the Service; it constitutes the contract between the parties.

ARTICLE 1 – DEFINITIONS

The GTCSU aim to define the conditions under which FLOWSTOP provides the Equipment and the Service defined below to the Customer.

The Equipment refers to FLOWSTOP inflatable devices for flood protection sold to the Customer.

The Service refers to access to the FlowStop Tracking application.

 

ARTICLE 2 – DESCRIPTION AND OPERATION

Article 2.1 – Preparation and production of the Equipment

a) Definition of the openings to be protected

The Customer indicates to FLOWSTOP on the online Quote Request form the openings to be protected. The Customer himself takes the measurement of the width of each opening to be protected. It is necessary to have a measurement accurate to 1 centimeter. FLOWSTOP is not responsible for incorrect measurement.

b) Production of the Equipment

The Customer validates and signs these GTCSU specifying the quantities and sizes of Equipment to be produced corresponding to the openings that the Customer wishes to protect.

Production is launched after receipt of payment of the invoice.

Article 2.2 – FlowStop Tracking Application

The Customer has access to the Service without any time limitation.

Connection to the Service is made via a browser on a computer or phone at the following address app.flowstop.tech

The use of the Service is not mandatory and does not modify the operation of the Equipment.

 

ARTICLE 3 – FLOWSTOP’S OBLIGATIONS

Article 3.1 – Supply of Equipment

FLOWSTOP must to supply the Equipment to the Customer in accordance with the Quote that has been validated and signed by the Customer. Delivery takes place no later than 45 days after the signing of this document and payment of the invoice.

FLOWSTOP adds between 1 and 3 centimeters in width to the width indicated to ensure waterproofing. When placing the Equipment in the opening, it is normal and necessary to apply force to make it fit.

Article 3.2 – Accessories

The devices are delivered with a manual inflation pump in batches of 5 devices.

The devices are delivered with an autonomous electric compressor in batches of 10 devices.

The devices are delivered with a user manual. The Customer also has access to online video tutorials accessible from the website by clicking on the Guide tab.

Article 3.3 – Delivery

In case of shipping delay, an email will be sent to inform you of any possible consequences on the delivery time that has been indicated to you.

FLOWSTOP cannot be held responsible for delivery delays exclusively due to unavailability of the customer after several appointment proposals.

Article 3.4 – Return Policy

FLOWSTOP does not offer equipment returns because the production is made to measure.

In accordance with the provisions of article L.121-21-8 of the french Consumer Code, the right of withdrawal does not apply to:

The supply of goods made to the consumer’s specifications or clearly personalized.

Article 3.5 – FLOWSTOP’s Responsibility in case of Flood

FLOWSTOP is not responsible for the deployment and installation of FLOWSTOP devices in the event of flooding. This task is the responsibility of the Client. FLOWSTOP has no obligation to provide results and cannot be held responsible for any damage caused by flooding.

 

ARTICLE 4 -CLIENT’S OBLIGATIONS

Article 4.1 – Supply of informations

The Client must to cooperate with FLOWSTOP and to provide all information requested by FLOWSTOP in the execution of this agreement.

The Client is responsible for the accurate measurement of the widths of their openings. FLOWSTOP cannot be held responsible for incorrect measurement.

The equipment is delivered at a width between +1 and +3 centimeters from the width indicated by the Client.

Article 4.2 – Client’s Responsibility in case of flooding

The Client is responsible for the deployment of FLOWSTOP devices in the event of flooding.

 

ARTICLE 5 – CONFIDENTIALITY

All information, of any nature whatsoever, which has not fallen into the public domain, and which the receiving party knows or has reason to believe is confidential information or trade secrets belonging to the other party, or all information that one of the parties is required to keep confidential (for example, by contractual or other obligations to a third party), shall be deemed Confidential Information. All Confidential Information disclosed under this Agreement shall remain the exclusive property of the disclosing Party.

 

ARTICLE 6 – PRICE AND PAYMENT

Article 6.1 – Price

The price is indicated in this quote.

Article 6.2 – Payment

The price charged to the client is the price indicated on the present quote. The price of the products is payable within 30 days. Production will only start after receipt of payment.
Payment is made by Bank Card. Payment is managed by our secure payment provider
https://www.stripe.com/

 

ARTICLE 7 – COMMERCIAL REFERENCES

The Client authorizes FLOWSTOP to mention the Client’s name on all media for commercial reference purposes.

 

ARTICLE 8 – GENERAL REGULATIONS

Article 8.1 – General

The titles of the articles of this agreement are intended only to facilitate reading and shall not have any effect on their interpretation. No provision of the Agreement shall be deemed to have been excluded, supplemented or modified by one of the Parties without prior written act signed by the authorized representatives of both Parties under the form of an amendment expressly bearing on the decision to exclude, supplement or modify a clause.

Article 8.2 – Entire Agreement

These GTCSU constitute the entire agreement between the Client and FLOWSTOP and supersede any prior written or oral agreements related to the subject matter hereof. All additional or different terms and conditions relating to the subject matter hereof and contained in any written or oral communication addressed to FLOWSTOP shall be void and of no effect.

Article 8.3 – Warranty

The Customer benefits from the legal warranties of conformity of the goods (articles L. 217-3 to L. 217-32 of the French Consumer Code) and of hidden defects (Art.1625 and following of the French Civil Code) for a period of 5 years (In addition to the legal warranty period of 2 years, there is a commercial warranty period of 3 years).

In all cases, FLOWSTOP cannot be held responsible for compliance with any other regulatory and legislative provisions in force in the country of reception.

FLOWSTOP’s liability is systematically limited to the value of the product in question, at the date of sale.

Article 8.4 – Major force

The Parties cannot be held liable for a breach of any of their obligations under the contract resulting from the occurrence of a force majeure event, as defined by case law.

Article 8.5 – Applicable Law

These general conditions are governed by French domestic law, which applies to substantive and procedural rules regardless of the places of performance.

Article 8.6 – Prescription

All legal actions between the parties are barred, unless otherwise provided by mandatory provisions, if they have not been brought within a period of two years.

Article 8.7 – Dispute Resolution

In case of difficulties in the interpretation or application of the clauses of this contract, and in the absence of an amicable agreement between the two parties, the courts within the jurisdiction of FLOWSTOP’s headquarters will be the only competent courts to rule.

FlowStop is a custom-made inflatable anti-flood device that protects openings in your building from exterior flooding. Our devices are 100% watertight and created specifically to fit your openings. From front and garage doors to windows of any size, we offer flood protection to prevent costly disasters.

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