General Terms and Conditions of Sale and Use

PREAMBLE

ARTICLE 1 – DEFINITIONS
Product(s): refers to all inflatable flood-protection devices marketed by FLOWSTOP, custom-made to order.
Client: 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 Client.
Contract: the set formed by the signed quotation or purchase order, the corresponding invoice, and these General Terms and Conditions of Sale and Use (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 purchasing conditions or any other document issued by the Client, regardless of their terms, unless expressly accepted in writing by FLOWSTOP.
The Contract constitutes the entire agreement between the parties and supersedes any prior written or oral agreement having the same purpose.

ARTICLE 3 – MEASUREMENTS AND ORDER VALIDATION

3.1 Custom-made nature
FLOWSTOP Products are manufactured exclusively to order, according to the dimensions and specifications validated by the Client.

3.2 Measurements – technical requirements
Measurements of the openings to be protected are carried out either by the Client or, for assistance purposes only, by a FLOWSTOP employee or partner.
Measurements must be taken with an accuracy of one (1) centimeter. 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 Client must imperatively:
– take one measurement at floor level and one measurement at the height of the device to check wall verticality;
– for each of these two heights, measure from the outside of the jamb and then at fifteen (15) centimeters in depth, in order to check squareness.
In all cases, the Client remains solely responsible for the accuracy, completeness and suitability of the measurements provided. Any measurements carried out by FLOWSTOP or its partners are provided for indicative purposes only, without any obligation of result or guarantee of suitability.

3.3 Dimensional adjustments and installation
In order to ensure optimal watertightness, FLOWSTOP applies an oversize allowance of between one (1) and four (4) centimeters to the width indicated on the purchase order.
During installation in the opening, it is normal and necessary to apply slight pressure to correctly insert the Product.
The effective watertight protection height of the Product is ten (10) centimeters less than the total height of the FlowStop, as the sealing gasket does not extend to the upper end of the Product.

3.4 Verification of installation conditions
The Client is solely responsible for verifying the installation conditions, in particular:
– the flatness and solidity of jambs and thresholds;
– the available height;
– the absence of obstacles (handles, doorbells, fixed elements);
– the suitability of the protection height in relation to observed or foreseeable flood levels.

3.5 Validation of the quotation
The signing of the quotation or purchase order constitutes final and irrevocable validation of the quantities ordered, the dimensions, and the suitability of the Products for the Client’s needs. This validation constitutes conclusive proof of compliance of the specifications provided by the Client.

ARTICLE 4 – ORDER AND START OF PRODUCTION
The order becomes firm and final upon receipt by FLOWSTOP of the signed quotation and full payment of the corresponding invoice.
Manufacturing of the Products begins only after full payment has been received.
Any order that has entered production may not be cancelled or modified, unless prior written agreement from FLOWSTOP. In the event of exceptional acceptance, the Client shall bear all costs incurred.

ARTICLE 5 – DELIVERY AND LEAD TIMES

5.1 Delivery times
Delivery times are provided for indicative 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 risks
Delivery is made to the address indicated on the quotation or purchase order.
The transfer of risks of loss or deterioration of the Products occurs upon physical delivery of the Products to the Client or, failing that, upon their first presentation by the carrier.
It is the Client’s responsibility to check the condition of the Products upon delivery and to make any reservations in accordance with Articles L.133-3 of the French Commercial Code and, where applicable, the CMR Convention.

5.3 Accessories and documentation
The Products are delivered with a manual inflation pump, at the rate of one (1) pump for a batch of one (1) to five (5) Products.
Each Product is accompanied by an instruction manual. The Client also has access to online video tutorials available on the FLOWSTOP website under the “Tutorials & FAQ” section.
For Products wider than two (2) meters, straps and their carabiners are supplied.
Installation of the straps and fastening of ground anchors are the sole responsibility of the Client. Fixing elements (anchors, 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 they are made according to the Client’s specifications and fully customized.
No returns will be accepted without prior written agreement from FLOWSTOP.

ARTICLE 7 – ACCEPTANCE AND INSPECTION
The Client must install, inflate and test the Products within a maximum period of seven (7) days following receipt.
Any claim relating to apparent non-conformity or a manufacturing defect must be notified in writing to FLOWSTOP within seven (7) days from receipt.
Non-conformity is strictly limited to:
– a proven discrepancy between the delivered Product and the validated specifications; or
– an inability of the Product to maintain pressure in accordance with the instructions for use.
In the event of recognized non-conformity, FLOWSTOP will, at its discretion, replace the Product or refund it. These remedies constitute the Client’s sole and exclusive remedies.

ARTICLE 8 – WARRANTIES
The Client benefits from the statutory warranty of conformity (Articles L.217-3 et seq. of the French Consumer Code) and the warranty against hidden defects (Articles 1641 et seq. of the French Civil Code).
FLOWSTOP also grants an additional commercial warranty extending the total warranty period to five (5) years from delivery.

8.1 Conditions of use
FLOWSTOP shall not be held liable for damage resulting from improper use, incorrect installation or installation not compliant with the instructions provided, lack of maintenance, or any modification made to the Products by the Client or an unauthorized third party.
The Product may remain installed and function correctly for a continuous period of two (2) to three (3) weeks. Beyond this period, FLOWSTOP does not guarantee maintenance of watertightness and resistance performance.
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) or slightly inflated, provided that sufficient space is available to avoid any mechanical stress.
Storage must be carried out in a dry, ventilated area, protected from direct sunlight, bad weather and any heat source.
The storage temperature must under no circumstances exceed sixty degrees Celsius (60°C). Beyond this threshold, the materials making up the device may irreversibly degrade, resulting in reduced performance and exclusion of any warranty.
Outdoor storage is strictly prohibited, in particular due to risks of premature wear, weakening of seams or bonding, discoloration and material degradation.
Although the device is designed to withstand occasional exposure to sun and heat during use, any prolonged exposure during storage or outside an emergency situation may cause internal overpressure likely to result in leaks or damage.
Strict compliance with these storage conditions constitutes an essential and determining condition for maintaining applicable warranties.

ARTICLE 9 – LIABILITY
FLOWSTOP’s liability is strictly limited to the amount excluding taxes actually paid by the Client for the Product concerned.
FLOWSTOP shall not be held liable for indirect damages, loss of business, loss of turnover, loss of data or intangible damages.

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 lasts more than 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 within the framework of the Contract.

ARTICLE 12 – CUSTOMER SERVICE AND PERSONAL DATA

12.1 Customer service
FLOWSTOP provides the Client with a dedicated customer service telephone line, accessible at +33 (0)5 82 81 96 15, Monday to Friday from 9 a.m. to 6 p.m., excluding public holidays.
This line is intended to provide assistance in particular regarding:
– information relating to the Products;
– order and delivery tracking;
– complaint handling;
– questions relating to invoices and payments.
This service is free of charge, excluding the cost of a local call.
FLOWSTOP undertakes to provide a high-quality service. Calls are handled by qualified advisors. Routine complaints are generally processed within forty-eight (48) business hours.

12.2 Call recording
For the purpose of improving service quality, calls may be recorded. The Client 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 service evolution
FLOWSTOP shall not be held liable for disruptions or unavailability of customer service resulting from technical issues beyond its control.
In the event of prolonged interruption, Clients will be informed by any appropriate means.
FLOWSTOP reserves the right to modify customer service hours or access conditions, subject to prior notice to Clients.

ARTICLE 13 – GOVERNING LAW AND JURISDICTION
These GTCU are governed by French law.
Any dispute relating to their interpretation or performance shall fall within the exclusive jurisdiction of the courts of the district where FLOWSTOP’s registered office is located, subject to mandatory consumer protection provisions.

ARTICLE 14 – SEVERABILITY – SURVIVAL
The nullity, invalidity or unenforceability of any provision of these GTCU shall not affect the validity of the other provisions, which shall remain in full force and effect.
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-export to the Russian Federation
The Client undertakes not to re-export, directly or indirectly, the Products to the Russian Federation, in accordance with Article 12 octies of Regulation (EU) No 833/2014 as amended by Council Regulation (EU) 2023/2878 of 18 December 2023.

15.2 Prohibition of re-export to Belarus
The Client also undertakes not to re-export, directly or indirectly, the Products to Belarus, in accordance with Article 8 octies of Regulation (EU) No 765/2006 as amended by Council Regulation (EU) 2024/1865 of 29 June 2024.

15.3 Compliance measures
The Client guarantees the implementation of all appropriate contractual, organizational and technical measures to ensure effective compliance with the prohibitions set out in this Article.