Terms of sales

ARTICLE 1 - DEFINITIONS

The purpose of the GCSU is to define the conditions under which FLOWSTOP provides the Customer with the Equipment and the Service defined below.
The Equipment refers to the FLOWSTOP inflatable flood protection devices 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 equipment
Measurements of the openings to be protected are made either by the customer or by a FLOWSTOP INDUSTRIE sales agent. 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 measurement at floor level and the measurement at the height of the device, in order 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 should 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.
The production process begins once payment of the invoice has been received.

ARTICLE 3 - FLOWSTOP'S OBLIGATIONS

Article 3.1 - Supply of Equipment
FLOWSTOP INDUSTRIE undertakes to supply the equipment to the Customer in accordance with the purchase order which has been validated and signed by the Customer. Delivery takes place no later than 90 days after signature of this document and payment of the invoice.
FLOWSTOP INDUSTRIE adds between 1 and 3 centimeters to the indicated width to ensure watertightness. When placing it in the opening, it is normal and necessary to force the material in.

Article 3.2 - Accessories
The devices are delivered with a manual inflation pump per batch of 1 to 5 devices.
The devices are delivered with instructions for use. The Customer also has access to online video tutorials accessible from the website by clicking on the Guide tab.
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, in the event of late delivery, the Customer shall refrain from applying late delivery penalties, the amount of which would constitute a disproportionate and brutal sanction.
Consequently, FlowStop Industrie will not accept any penalty, whatever the reason or basis for the penalty, without prior written agreement from FlowStop Industrie.
- Place and method of delivery
Shipment of catalog items is carriage paid for purchases of 5 or more devices, and is exclusively sent by courier to Metropolitan France.
For any other means of transport or any other destination, a surcharge will be billed to the Customer.
FlowStop Industrie does not consign stock to the Customer.
Any dispute concerning quantities cannot be taken into consideration after a period of 7 days from receipt of goods.
Article 3.4 - Return policy
FlowStop does not offer any return of material, as all products are 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 Industrie.
- Reservations concerning product conformity - Returns
The products marketed by FlowStop Industrie 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 to ensure that it is watertight within the 14-day cooling-off period.
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 Industrie.
The dimensional tolerances of the parts delivered in relation to the contractual specifications are those generally accepted, in application of customary practice and good engineering practice.
Any reservations or disputes relating to the conformity of the products must be notified to FlowStop Industrie by registered letter with acknowledgement of receipt within 7 days of receipt of the products.
The Customer must prove the existence of defects, shortages or anomalies concerning the products.
No returns will be accepted without prior agreement from FlowStop Industrie.

Non-conforming products must be returned within 14 days of receipt of FlowStop Industrie's agreement.
Subject to FlowStop Industrie's agreement, returned products will be replaced by identical or similar products.
Similar products, i.e. products that can be substituted for those ordered, are those of the same quality and fulfilling the same usage functions.
In the absence of a replacement, the return of the products will result in their reimbursement.
If these conditions are not met, the products will be deemed to be in conformity, in which case FlowStop will not refund the price of the products or pay any compensation.
In accordance with article L. 442-6 of the French Commercial Code, the Customer undertakes not to refuse products or to return products without FlowStop having been able to check the reality of the grievance invoked by the Customer.

ARTICLE 4 -CLIENT'S OBLIGATIONS

The customer agrees to cooperate with FLOWSTOP INDUSTRIE and to provide all information requested by FLOWSTOP INDUSTRIE 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 industrie's sales agent 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 correctly aligned and planimetric. The pressure exerted on the device during flooding can aggravate defects and greatly reduce or even eliminate protection.
The customer must first call in a professional to repair any defects, and then check that the repair has not altered one or more measures.
The customer must specify the nature of the support for each opening to enable FLOWSTOP INDUSTRIE to know the nature of the device seal.
On receipt of the order, the customer undertakes to carry out a trial of the device(s) and pump, and a trial installation of all openings to avoid any problems, and to confirm the result to us.

ARTICLE 5 - CONFIDENTIALITY

Article 5.1 - Responsibility of FlowStop
FlowStop undertakes to supply anti-flooding devices that comply with 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 seven 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 that does not comply with the instructions provided, lack of maintenance or any modification made to the products by the Customer or by an unauthorized third party.
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 event, FlowStop's liability, for any damages whatsoever, is limited to the amount paid by the Customer for the offending products, excluding taxes. FlowStop shall in no event 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 undertakes to comply scrupulously with 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 repair.
Liability for damage: The Customer is solely liable for damage caused by incorrect or negligent use of the flood protection devices, or by any intervention not authorized by FlowStop. The Customer shall indemnify and hold FlowStop harmless against any third-party claims arising from such improper or negligent use.
Article 5.3 - General provisions
Transfer of risks: The transfer of the risks of loss or deterioration of the products occurs upon delivery, even in the case of carriage-paid shipment. It is the customer's responsibility to check the condition of the products on receipt and to make any necessary reservations with the carrier in the event of any damage.

ARTICLE 6 - PRICE AND PAYMENT

Confidential Information shall mean any information of any nature whatsoever which is not in the public domain, which the receiving party 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 (e.g. under 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 - COMMERCIAL REFERENCES

Article 7.1 - Price
The price is indicated in the present Order Form.
Shipping costs are 30 € per FlowStop.
Article 7.2 - Payment
The price invoiced to the customer is the price indicated on the present order form. The price of the products is payable within 30 days. Production will only start once payment has been received.
Payment is made by credit card or direct debit. Payment is managed by our secure payment provider https://www.stripe.com/

Article 8.2 - Entire Agreement

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