ARTICLE 1 – DEFINITIONS
The purpose of the GCSU is to define the conditions under which FLOWSTOP provides the Customer with the Equipment defined below.
The Equipment refers to the FLOWSTOP inflatable flood protection devices sold to the Customer.
ARTICLE 2 – PREPARATION AND PRODUCTION OF MATERIAL
The measurements of the openings to be protected are taken either by the customer, or by an employee or partner of FLOWSTOP. Measurements must be accurate to within 1 centimeter. In the case of a 90.5 cm measurement, quote 91 cm. For the width, the customer will take the floor measurement and the measurement at the height of the device, to check the plumbness of the walls. For each of these two measurements, the customer will take the measurement from the outside of the jamb and the measurement at 15 cm depth, in order to check that the opening jambs are correctly squared.
The customer must check the height available for each opening, as door handles, bells or other installations may present obstacles for the device. He must also check that the available height is sufficient for the flood levels recorded in the surrounding area.
The customer validates the quotation, which includes the total number of openings in the house and outbuildings, and the quantities and sizes of material to be produced corresponding to the openings required to protect the house and outbuildings. The customer returns the signed order document with payment.
Once payment has been received, production begins.
ARTICLE 3 – FLOWSTOP’S OBLIGATIONS
Article 3.1 – Supply of Equipment
Article 3.2 – Accessories
The Devices are delivered with a manual inflation pump, at a rate of one pump for a set of one (1) to five (5) Devices.
Each Device comes with a user manual. The Customer also has access to video tutorials available online on the FlowStop website, via the “Tutorials & FAQ” tab.
For Devices wider than two (2) meters, straps and carabiners are also provided.
The installation of the straps and the fixing of the fasteners to the ground are the sole responsibility of the Customer. Fastening elements (dowels, screws, or any other equivalent accessory) are not provided by FlowStop.
Article 3.3 – Delivery
Delivery times are given according to normal manufacturing possibilities, in a normal economic context. They may be modified, in particular in the event of force majeure affecting the receipt of raw materials and deliveries.
Any delays in deliveries, as described above, may not give rise to cancellation of the order or a claim for compensation. Furthermore, in accordance with opinion no. 04/04 of the Commission d’examen des pratiques commerciales of July 7, 2004 concerning certain clauses contained in terms and conditions of purchase, the Customer agrees not to apply, in the event of late delivery, penalties for late delivery, the amount of which would constitute a disproportionate and brutal sanction.
Consequently, no penalty will be accepted by FLOWSTOP, except with the prior written agreement of FLOWSTOP, whatever the reason or basis for the penalty.
Place and method of delivery
Shipping costs are indicated in the quotation.
Non-re-export clause
The incorporates article 12 octies of the consolidated regulation n°833/2014 amended by Council regulation (EU) 2023/2878 of December 18, 2023 obliging exporters to contractually introduce a ban on re-exporting these goods to Russia.
The incorporates article 8g of consolidated regulation no. 765/2006, amended by Council regulation (EU) 2024/1865 of June 29, 2024, requiring exporters to introduce a contractual prohibition on re-exporting these goods to Belarus.
Article 3.4 – Return policy
FlowStop does not offer any return of material, as the production is custom-made.
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.
– Transport damage
Any reservations or disputes relating to shortages and/or damage during transport of the products must be recorded in writing on the transport document and countersigned by the carrier, then confirmed to the carrier by registered letter with acknowledgement of receipt within three clear days (article L. 133-3 of the French Commercial Code) in the case of domestic transport, or within twenty-one clear days in the case of international transport (art.30 CMR) with a copy of the transport document sent by registered letter to FLOWSTOP.
Reservations concerning product conformity – Returns
The products marketed by FLOWSTOP comply with current legislation and/or regulations and/or standards and are guaranteed against all manufacturing defects. The customer is obliged to inflate, install and test the device for water-tightness within 7 days. Information contained in drawings or diagrams, as well as plans contained in our catalogs or any other documents, are for guidance only and are not binding on FLOWSTOP. The dimensional tolerances of the parts delivered in relation to the contractually indicated specifications are those commonly accepted, in application of usage and the rules of the art. Any reservation or dispute concerning the conformity of the products must be notified to FLOWSTOP by registered letter with acknowledgement of receipt within 7 days of receipt of the products. The customer must prove the existence of defects, missing items or anomalies concerning the products. No return will be accepted without prior agreement from FLOWSTOP. Non-conforming products must be returned within 14 days of receipt of FLOWSTOP’s agreement. Subject to FLOWSTOP’s agreement, returned products will be replaced by identical or similar products. Similar products, i.e. substitutable for those ordered, are those of the same quality and satisfying the same usage functions. Failing replacement, the return of the products will result in their reimbursement. If these conditions are not respected, the products will be deemed to be in conformity, in which case no reimbursement of the price of the products or payment of any indemnity will be due by FLOWSTOP. In accordance with article L. 442-6 of the French Commercial Code, the Customer is forbidden to refuse products or to proceed with the return of products without FLOWSTOP having been able to verify the reality of the grievance invoked by the Customer.
Article 3.5 – Telephone line and complaint management
FLOWSTOP provides the Customer with a telephone line dedicated to customer service. This line is accessible at the following number: +33 (0)5 82 81 96 15
Monday to Friday, 9am to 6pm, excluding public holidays.
The purpose of the hotline is to provide fast, efficient assistance on the following topics:
- Product information
- Order and delivery tracking.
- Complaints management.
- General questions about invoices and payments.
Pricing
Free service, cost of a local call
FLOWSTOP is committed to providing quality service. Calls are answered by qualified advisors. Processing times depend on the nature of the request: routine complaints are generally dealt with within 48 working hours.
Registration and protection of personal data
In order to continuously improve the quality of our service, your calls may be recorded. You will be informed prior to any recording and will have the opportunity to object.
Your personal data, including information collected during telephone calls, is handled in accordance with our privacy policy, which can be accessed at the following address: https://www.flowstop.co/politique-de-confidentialite
Responsibilities and limits
a. FLOWSTOP cannot be held responsible for disruptions or unavailability due to technical problems beyond its control (for example, telephone network failures).
b. In the event of prolonged interruption of service, customers will be informed by appropriate means, in particular via the website or direct communication.
Service improvements or modifications
FLOWSTOP reserves the right to modify the hours of availability or access to customer service. Any modification will be notified in advance via the usual channels (website, email, or other).
ARTICLE 4 CUSTOMER OBLIGATIONS
The customer agrees to cooperate with FLOWSTOP and to provide all information requested by FLOWSTOP in the execution of the present contract. This technical information appears on the quotation and is also detailed on the site under the heading “instructions for use”.
The customer or FLOWSTOP’s commercial partner is responsible for the correct measurements of its openings. FLOWSTOP cannot be held responsible for incorrect measurements.
The customer is responsible for ensuring that the uprights and thresholds of the openings are in good condition and planimetrically correct. The pressure exerted on the device in the event of powerful floods can aggravate defects in the walls and ground, and greatly reduce or even eliminate protection.
The customer must first call in a professional to repair any faults and then check that the repair has not altered any measurements.
On receipt of the order, the customer undertakes to carry out a test of the device(s) and the pump, and a trial installation of all the openings to avoid any problems, and to confirm the result to us.
ARTICLE 5 RESPONSIBILITIES
Article 5.1 – Responsibility of FlowStop
FLOWSTOP undertakes to supply anti-flooding devices in accordance with the contractual specifications and current standards. However, FLOWSTOP’s liability is limited under the conditions defined below:
Conformity of Products
FLOWSTOP guarantees that the products supplied comply with the legislation and standards applicable at the time of delivery. Any claim relating to apparent defects or non-conformity of the products must be made within 7 days of receipt of the products by the Customer. After this period, the products are deemed to be in conformity and accepted without reservation.
Use of products
FLOWSTOP cannot be held responsible for damage resulting from misuse, 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 by an unauthorized third party.
– The device can remain in place and function correctly for 2 to 3 weeks.
– Beyond that, we cannot guarantee that it will remain watertight and resistant.
– It is essential to inform the user that the pressure must be checked every 2 weeks.
Force Majeure
FLOWSTOP cannot be held responsible for delays or non-performance of its contractual obligations in the event of force majeure as defined by article 1218 of the French Civil Code and French case law. In particular, the following events are considered as force majeure: strikes, fires, natural disasters, wars, pandemics, government restrictions, etc.
Limitation of liability
In any case, the responsibility of FLOWSTOP, all damages included, is limited to the amount paid by the Customer for the incriminated products, excluding taxes. In no event shall FLOWSTOP be liable for consequential damages including, but not limited to, loss of profits, production or revenue, equipment downtime costs or third party claims.
Article 5.2 – Customer responsibility
Compliance with Instructions
The Customer agrees to strictly follow the installation and use instructions provided by FLOWSTOP. Any intervention or modification of the products must be carried out by qualified professionals authorized by FLOWSTOP.
Notification of Defects
The Customer must notify FLOWSTOP in writing of any failure or anomaly of the products within seven days of the discovery of said failure or anomaly. Failing this, the Customer will not be entitled to any compensation or reparation.
Liability for damage
The Customer is solely responsible for any damage caused by incorrect or negligent use of the anti-flooding devices, or by any intervention not authorized by FLOWSTOP. The Customer will indemnify and hold FLOWSTOP harmless from any third party claims related to such improper or negligent use.
Article 5.3 – Transfer of Risks
The transfer of risk of loss or deterioration of the products occurs upon delivery. The customer is obliged to check the condition of the products on receipt and to make any necessary reservations with the carrier in the event of damage.
ARTICLE 6 – CONFIDENTIALITY
Confidential Information shall mean any information of any nature whatsoever which is not in the public domain, which the party receiving it knows or has reason to believe to be confidential information or trade secrets belonging to the other party, or any information which either party is required to keep confidential (for example by virtue of contractual or other obligations to a third party). All Confidential Information disclosed under this Agreement shall remain the exclusive property of the disclosing Party.
ARTICLE 7 – PRICE AND PAYMENT
The price invoiced to the customer is the price indicated on this order form. The price of the products is payable within 30 days. Production will only start once payment has been received.
Payment can be made by bank transfer, cheque or credit card online.
ARTICLE 8 – COMMERCIAL REFERENCES
The Customer authorizes FLOWSTOP to mention the name of the Customer on all media for commercial reference purposes.
ARTICLE 9 – GENERAL PROVISIONS
Article 9.1 – General provisions
The headings of the articles of the present contract are only intended to facilitate reading and have no effect on its interpretation. No provision of the contract shall be deemed to have been set aside, supplemented or modified by either Party without a prior written act signed by the authorized representatives of both Parties in the form of an amendment expressly concerning the decision to set aside, supplement or modify a clause.
Article 9.2 – Entire contract
These General Terms and Conditions of Sale incorporated in the order form constitute the entire agreement between the Customer and FLOWSTOP and supersede any and all prior agreements, written or oral, relating to the subject matter hereof. Any 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 unenforceable against FLOWSTOP.
Article 9.3 – 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.
The responsibility of FLOWSTOP is systematically limited to the value of the product in question, value at its date of sale.
Article 9.4 – Force majeure
The Parties cannot be held responsible for a breach of any of their obligations under the contract resulting from the occurrence of an event of force majeure, as defined by jurisprudence.
Article 9.5 – Applicable law
The present general terms and conditions are governed by French domestic law, including both substantive and formal rules, irrespective of the place of performance.
Article 9.6 – Limitation period
All legal actions between the parties are time-barred, unless otherwise provided by public policy, if they have not been brought within two years.
Article 9.7 – Settlement of disputes
In the event of difficulties in the interpretation or application of the clauses of the present contract, and in the absence of an amicable agreement between the two parties, the courts within the jurisdiction of the registered office of FLOWSTOP shall have sole jurisdiction.
