General Terms and Conditions of Sale and Use
PREAMBLE
FLOWSTOP INDUSTRIE, a simplified joint stock company with capital of €16,072, whose registered office is located at 15 rue des mimosas, 66000 Perpignan, registered with the Perpignan Trade and Companies Register under number 987 428 620 (hereinafter “FLOWSTOP”), designs, manufactures, and markets inflatable flood protection devices.
The purpose of these General Terms and Conditions of Sale and Use (hereinafter the “GTCSU”) is to define the conditions under which FLOWSTOP sells and supplies its products to its professional or private customers (hereinafter the “Customer”).
Any order for Products implies full, complete and unreserved acceptance of these GTCU, which the Customer acknowledges having read prior to placing the order.
The GTCU are available at any time on the FLOWSTOP website.
ARTICLE 1 – DEFINITIONS
Product(s): refers to all inflatable flood-protection devices sold by FLOWSTOP, manufactured to measure.
Customer: any natural or legal person placing an order with FLOWSTOP.
Quotation / Purchase order: contractual document detailing the Products ordered, their dimensions, quantities, prices and specific conditions, signed by the Customer.
Contract: the whole formed by the signed quotation or purchase order, the corresponding invoice and these GTCU.
ARTICLE 2 – SCOPE OF APPLICATION – CONTRACTUAL HIERARCHY
These GTCU apply to all sales of Products carried out by FLOWSTOP, unless otherwise agreed in writing.
They prevail over any general terms of purchase or any other document issued by the Customer, whatever their terms, unless expressly accepted in writing by FLOWSTOP.
The Contract constitutes the entire agreement between the parties and supersedes any prior agreement, written or oral, having the same purpose.
ARTICLE 3 – MEASUREMENTS AND ORDER VALIDATION
3.1 Made-to-measure nature
FLOWSTOP Products are manufactured exclusively to measure, according to the dimensions and specifications validated by the Customer.
3.2 Taking measurements – technical requirements
Measurements of the openings to be protected are taken either by the Customer or, on an assistance basis only, by an employee or partner of FLOWSTOP.
Measurements must be taken with an accuracy of one (1) centimetre. In the event of an intermediate measurement (e.g. 90.5 cm), the dimension must be rounded up to the next whole number (e.g. 91 cm).
For the width of each opening, the Customer must imperatively:
- take one measurement at floor level and one measurement at the height of the device in order to check that the walls are plumb;
- at each of these two heights, measure from the outside of the jamb and then at fifteen (15) centimetres of depth, in order to check that the jambs are square.
In any event, the Customer remains solely responsible for the accuracy, completeness and suitability of the measurements provided. Any measurements taken by FLOWSTOP or its partners are provided for information purposes only, without any obligation of result or guarantee of suitability.
3.3 Dimensional adjustments and installation
In order to ensure optimal sealing, FLOWSTOP applies an oversize of between one (1) and four (4) centimetres to the width shown on the purchase order.
When installing the Product in the opening, it is normal and necessary to apply slight pressure in order to insert the Product correctly.
The effective sealing height of the Product is ten (10) centimetres lower than the total height of the FlowStop, as the sealing joint does not extend to the upper end of the Product.
3.4 Verification of installation conditions
The Customer is solely responsible for verifying the installation conditions, in particular:
- the flatness and soundness of the jambs and thresholds,
- the available height,
- the absence of obstacles (handles, doorbells, fixed elements),
- the suitability of the protection height with regard to observed or foreseeable flood levels.
3.5 Validation of the quotation
Signature of the quotation or purchase order constitutes final and irrevocable validation of the quantities ordered, the dimensions, and the suitability of the Products to the Customer’s needs. This validation constitutes irrebuttable proof of the conformity of the specifications provided by the Customer.
ARTICLE 4 – ORDER AND PRODUCTION LAUNCH
The order becomes firm and final upon signature of the quotation by the Customer or upon payment of the first deposit or of the full payment for the order, whichever of these events occurs first, constituting full and complete acceptance of the order as well as authorisation to launch the manufacture of the Products.
Production is launched upon receipt of the signed quotation or upon collection of the first deposit or of the full payment for the order, whichever event occurs first.
Any order that has given rise to a production launch may not be cancelled or modified. In the event of exceptional acceptance of a cancellation or modification, the Customer shall bear all costs already incurred by FLOWSTOP.
Alma’s credit service is offered for the settlement of purchases and the execution of payment, provided that the person purchasing the good or service through Alma (“Buyer“) accepts the instalment payment or deferred payment agreement.
Fees may be charged by Alma.
Any refusal by Alma to grant instalment payment or deferred payment may result in the lapse of the contract for the purchase of the good or service (“GTC“), unless the Buyer agrees to pay the purchase amount in cash.
In the event of termination of the GTC, the instalment payment or deferred payment agreement shall be terminated automatically.
In the event of withdrawal from the instalment payment or deferred payment solution used for your payment, the GTC shall be terminated automatically, unless you pay the amount of your purchase in cash through Alma. If the product has already been shipped to you, you must return it within the maximum period provided for in these GTC.
In accordance with Article L.312-50 of the French Consumer Code, in the event of instalment payment, including the payment of a deposit, the buyer is provided with a receipt on paper or any other durable medium serving as proof and containing the full reproduction of the provisions below (Articles L. 312-52, L. 312-53 and L. 341-10 of the Consumer Code):
Article L312-52: The contract of sale or provision of services is automatically terminated, without compensation:
- 1° If the lender has not, within seven days of the borrower’s acceptance of the credit agreement, informed the seller that the credit has been granted;
- 2° Or if the borrower has exercised their right of withdrawal within the period provided for in Article L. 312-19.
However, where the borrower, by express request, asks for immediate delivery or provision of the good or service, the exercise of the right of withdrawal from the credit agreement shall automatically terminate the contract of sale or provision of services only if it takes place within three days of the borrower’s acceptance of the credit agreement. The contract is not terminated if, before the expiry of the periods mentioned in this article, the purchaser pays in cash.
Article L312-53: In the cases of termination of the contract of sale or provision of services provided for in Article L. 312-52, the seller or service provider shall refund, upon simple request, any sum that the buyer may have paid in advance against the price.
Article L341-10: In the cases of termination of the contract of sale or provision of services provided for in Article L. 312-53, from the eighth day following the request for refund of any sum paid in advance by the buyer, that sum shall automatically bear interest at the legal interest rate increased by one half.
Special case: In the case of a contract of sale or provision of services performed in successive instalments or delivered over fairly long periods, you must specify in your GTC the moment at which delivery or provision of the service begins; for further details, you may contact the Alma teams at support@getalma.eu .
ARTICLE 5 – DELIVERY AND LEAD TIMES
5.1 Delivery lead times
Delivery lead times are given for information purposes only. FLOWSTOP uses its best efforts to deliver within an average period of ninety (90) days.
Delivery delays may under no circumstances justify cancellation of the order or give rise to penalties or compensation.
5.2 Place of delivery and transfer of risk
Delivery is made to the address indicated on the quotation or purchase order.
The transfer of the risk of loss or damage to the Products takes place upon physical handover of the Products to the Customer or, failing that, upon their first presentation by the carrier.
It is the Customer’s responsibility to check the condition of the Products upon delivery and to issue any reservations in accordance with the provisions of Article L.133-3 of the French Commercial Code and, where applicable, of the CMR Convention.
5.3 Accessories and documentation
The Products are delivered with a manual inflation pump, at a rate of one (1) pump per batch of one (1) to five (5) Products.
Each Product is accompanied by a user manual. The Customer also has access to video tutorials available online on the FLOWSTOP website, via the “Tutorials & FAQ” tab.
For Products with a width greater than two (2) metres, straps and their carabiners are supplied and must be installed by the Customer, in accordance with the instructions given on our website and in the user manual.
The installation of the straps and the fixing of the attachments to the ground are the sole responsibility of the Customer. Fixing elements (plugs, screws or equivalent accessories) are not supplied by FLOWSTOP.
ARTICLE 6 – NO RIGHT OF WITHDRAWAL
In accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal does not apply to FLOWSTOP Products, as these are made according to the Customer’s specifications and are fully customised.
No return will be accepted without prior written agreement from FLOWSTOP.
ARTICLE 7 – RECEIPT AND INSPECTION
The Customer is required to install, inflate and test the Products within a maximum period of seven (7) days following their receipt.
Any claim relating to an apparent non-conformity or a manufacturing defect must be notified in writing to FLOWSTOP within seven (7) days of receipt.
Non-conformity is understood exclusively as:
- a proven difference between the Product delivered and the validated specifications,
- or an inability of the Product to maintain its pressure in accordance with the user manual.
In the event of recognised non-conformity, FLOWSTOP shall proceed, at its option, with the replacement of the Product or its refund. These remedies constitute the Customer’s sole and exclusive remedies.
ARTICLE 8 – WARRANTIES
The Customer benefits from the legal warranties of conformity (Articles L.217-3 et seq. of the French Consumer Code) and against hidden defects (Articles 1641 et seq. of the French Civil Code).
FLOWSTOP further grants an additional commercial warranty bringing the total warranty period to five (5) years from delivery.
8.1 Conditions of use
FLOWSTOP may not be held liable for damage resulting from improper use, incorrect installation or installation not in accordance with the instructions provided, lack of maintenance, or any modification made to the Products by the Customer or an unauthorised third party.
The Product may remain installed and operate correctly for a period of two (2) to three (3) consecutive weeks. Beyond this period, FLOWSTOP does not guarantee that sealing and resistance performance will be maintained.
It is imperative to check the pressure at least every two (2) weeks.
8.2 Storage conditions (essential warranty conditions)
The FlowStop device may be stored either fully deflated (rolled up) or slightly inflated, provided there is sufficient space to avoid any mechanical stress.
Storage must imperatively take place in a dry, ventilated room, protected from direct sunlight, bad weather and any source of heat.
The storage temperature must under no circumstances exceed sixty degrees Celsius (60 °C). Beyond this threshold, the materials making up the device may degrade irreversibly, resulting in reduced performance and the exclusion of any warranty.
Outdoor storage is strictly prohibited, in particular because of the risks of premature wear, weakening of seams or bonds, discolouration and degradation of materials.
Although the device is designed to withstand sun and heat occasionally during use, any prolonged exposure during storage or outside an emergency situation may cause internal overpressure liable to result in leaks or damage.
Strict compliance with these storage conditions constitutes an essential and determining condition for the maintenance of the applicable warranties.
ARTICLE 9 – LIABILITY
FLOWSTOP’s liability is strictly limited to the amount excluding tax actually paid by the Customer for the Product concerned.
FLOWSTOP may not be held liable for indirect damages, operating losses, losses of turnover, losses of data or intangible losses.
The Customer acknowledges having been informed that, given the configuration of the openings to be protected and the characteristics of the site, the installation of the inflatable flood-protection device, even carried out in accordance with FLOWSTOP’s recommendations and in compliance with all technical prerequisites, cannot guarantee complete sealing or absolute protection against any water ingress.
In particular, infiltration may occur in the event of flooding or rising water, notably through non-apparent or difficult-to-detect routes (such as cracks, structural defects, concealed passages) or through capillary action.
Consequently, the Customer expressly accepts that FLOWSTOP is subject to an obligation of means and not of result.
Accordingly, FLOWSTOP’s liability may not be incurred for any damage, direct or indirect, loss or material or immaterial harm resulting from water penetration, nor give rise to indemnification, refund or any compensation whatsoever, save for mandatory legal provisions to the contrary.
The Customer also acknowledges that it is their responsibility to take any additional measures they deem necessary to ensure the protection of their property and installations.
ARTICLE 10 – FORCE MAJEURE
Neither party may be held liable in the event of force majeure within the meaning of Article 1218 of the French Civil Code.
If the force majeure event continues beyond sixty (60) days, either party may terminate the Contract without compensation.
ARTICLE 11 – CONFIDENTIALITY
The parties undertake to keep strictly confidential all non-public information exchanged in connection with the Contract.
ARTICLE 12 – CUSTOMER SERVICE AND PERSONAL DATA
12.1 Customer service
FLOWSTOP provides the Customer with a dedicated customer service telephone line, available on +33 (0)5 82 81 96 15, Monday to Friday from 9 a.m. to 6 p.m., excluding public holidays.
The purpose of this line is to provide assistance relating in particular to:
- information concerning the Products;
- tracking of orders and deliveries;
- handling of claims;
- questions relating to invoices and payments.
This service is free of charge, excluding the cost of a local call.
FLOWSTOP undertakes to provide a quality service. Calls are handled by qualified advisers. Routine claims are generally processed within forty-eight (48) working hours.
12.2 Call recording
With a view to improving service quality, calls may be recorded. The Customer is informed prior to any recording and may object to it.
12.3 Personal data
Personal data, including data collected during telephone exchanges, are processed in accordance with the privacy policy available on the FLOWSTOP website.
12.4 Responsibilities and changes to the service
FLOWSTOP may not be held liable for disruptions or unavailability of the customer service resulting from technical problems beyond its control.
In the event of prolonged interruption, Customers will be informed by any appropriate means.
FLOWSTOP reserves the right to modify the opening hours or the terms of access to the customer service, subject to informing Customers beforehand.
ARTICLE 13 – APPLICABLE LAW AND JURISDICTION
These GTCU are governed by French law.
Any dispute relating to their interpretation or performance falls within the exclusive jurisdiction of the courts of the district of FLOWSTOP’s registered office, subject to the mandatory provisions applicable to consumers.
ARTICLE 14 – SEVERABILITY – SURVIVAL
The nullity, invalidity or unenforceability of any of the provisions of these GTCU shall not affect the validity of the other provisions, which shall retain their full effect.
The clauses relating to liability, warranty, confidentiality, jurisdiction and, more generally, those which by their nature must survive, shall remain applicable after termination of the Contract, for any reason whatsoever.
ARTICLE 15 – NON-RE-EXPORTATION
15.1 Prohibition of re-exportation to the Russian Federation
The Customer undertakes not to re-export, directly or indirectly, the Products to the Russian Federation, in accordance with Article 12g of Regulation (EU) No 833/2014 as amended by Council Regulation (EU) 2023/2878 of 18 December 2023.
15.2 Prohibition of re-exportation to Belarus
The Customer also undertakes not to re-export, directly or indirectly, the Products to Belarus, in accordance with Article 8g of Regulation (EU) No 765/2006 as amended by Council Regulation (EU) 2024/1865 of 29 June 2024.
15.3 Compliance measures
The Customer guarantees the implementation of any appropriate contractual, organisational and technical measures to ensure effective compliance with the prohibitions set out in this article.
