Last updated: October 30, 2026
1. Purpose
The purpose of these General Terms and Conditions of Sale (hereinafter the “GTC”) is to define the terms and conditions applicable to the sale of products by BAWS, a single-member limited liability company (EURL) with a capital of €1,000, registered with the Rennes Trade and Companies Register under number 948 151 220, whose registered office is located at Apartment B41, 6 rue du Camp de Verdun, 35136 Saint-Jacques-de-la-Lande (France), with intra-Community VAT number FR64948151220 (hereinafter “BAWS”), to its business customers acting within the scope of their professional activities (hereinafter the “Customer”).
The products are those featured in the BAWS catalog or on the website www.baw-sports.com, including inflatable water parks, obstacle courses, modules, and accessories (hereinafter the “Products”). The Customer may also request additional installation and training services (hereinafter the “Services”), which are also subject to these Terms and Conditions.
BAWS does not sell to consumers. These Terms and Conditions apply only to sales made to businesses.
2. Application of the General Terms and Conditions of Sale
These Terms and Conditions of Sale supersede any prior written or oral agreement or contract relating to the same subject matter. They constitute the sole basis for commercial negotiations and are provided to any Customer upon request; they are also available on the website www.baw-sports.com.
Any exception or special condition shall be valid only if it has been expressly accepted in writing by BAWS. The Customer hereby waives the right to rely on its own terms and conditions of purchase.
The Customer acknowledges that he or she has read these Terms and Conditions and accepts them without reservation.
3. Placing an Order
Orders are not considered final until a quote (hereinafter the “Quote”) has been issued, accepted, and returned by the Customer in writing, and subject to BAWS’s written acceptance of the order, as evidenced by an order acknowledgment. Unless otherwise specified, the Quote is valid for thirty (30) days from the date of issuance. The prices in the Quote are firm and may not be revised by BAWS during its period of validity.
Any order changes requested by the Customer will be considered only if they are submitted in writing at least seven (7) business days prior to the scheduled delivery date and are accepted by BAWS. Such changes may result in an adjustment to the price or delivery time.
The Customer acknowledges having received, read, and understood all technical and commercial documentation necessary for the proper installation and use of the Products and Services, and having had the opportunity to ask any relevant questions regarding this matter.
4. Price
The prices of the Products are listed in the catalog, on the BAWS website, and/or in the Quote. In the event of any discrepancy, the price listed in the Quote shall prevail.
Unless otherwise specified, prices are net and exclude taxes. They do not include transportation, unloading, installation, and commissioning costs, which are listed separately on the Quote. They are subject to VAT at the rate in effect on the date of invoicing, subject to the provisions of Article 6.
Discounts, rebates, or price reductions may be granted based on order volume or the frequency of purchases, in accordance with specific terms and conditions agreed upon between BAWS and the Customer.
5. Billing and Payment Terms
No production will begin until we have received the Quotation and these Terms and Conditions of Sale, duly signed, as well as any required down payment.
A deposit of 40% of the total order amount may be required at the time of ordering; this will result in the issuance of a deposit invoice. The balance is payable by the due date indicated on the Quote or on the invoice. If no due date is specified, invoices are payable within thirty (30) days of their issuance date.
Payments may be made by bank transfer (bank details are listed on the invoice), by check, via secure online payment, or, up to the applicable legal limit for transactions between businesses, in cash. No discount is offered for early payment.
BAWS reserves the right to suspend any delivery or service in the event of failure to pay by the agreed-upon deadline.
Invoices are issued by BAWS and sent, whenever required by law, electronically via an approved platform. The Customer provides BAWS with its SIREN number (or, for a Customer based outside France, its VAT identification number), as well as its billing and shipping addresses.
6. VAT: Sales within the European Union and for Export
For any delivery of Products shipped to another European Union member state, the Customer must provide its valid intra-Community VAT number prior to shipment. The invoice will then include the applicable exemption notation, and the Customer agrees to provide BAWS with any document confirming receipt of the Products in the destination member state.
For any delivery of Products shipped outside the European Union, the invoice is issued VAT-exempt, and the Customer must provide BAWS with the necessary customs export documentation. Customs duties, taxes, and import formalities in the destination country are the responsibility of the Customer, unless otherwise specified in the Quote.
When BAWS installs the Products outside of France, the applicable VAT is determined according to the rules of the country of installation and specified in the Quote.
7. Late Payment Penalties and Lump-Sum Compensation
In accordance with Article L441-10 of the Commercial Code, any late payment automatically triggers, without the need for a reminder, the application of late-payment penalties calculated based on the European Central Bank’s refinancing rate (Refi) in effect as of January 1 or July 1 of the current year, plus ten (10) basis points, as well as a flat-rate indemnity of forty (40) euros to cover collection costs.
If the collection costs incurred exceed this compensation amount, BAWS may request additional compensation upon presentation of supporting documentation.
8. Delivery, Transportation, and Transfer of Risk
Production and delivery times are provided for informational purposes only. BAWS will notify the Customer of any potential delays.
Delivery is made in accordance with the terms specified in the Quote and, where applicable, in accordance with the Incoterm® specified therein. The risk of loss or damage to the Products passes to the Customer upon delivery to the Customer or to the designated carrier, notwithstanding the retention-of-title clause in Article 11. The Customer is responsible for unloading the Products, unless otherwise specified in the Quote.
The Customer agrees to sign a delivery receipt upon receipt of the Products. The Customer is required to verify the conformity and condition of the Products upon receipt. If the packaging of a Product appears damaged, the Customer must refuse delivery or report any reservations to BAWS within forty-eight (48) hours of receipt, and notify the carrier of its reasoned reservations within the time limit specified in Article L133-3 of the Commercial Code. Otherwise, the Products will be deemed to have been delivered without any apparent defects.
The Customer has seven (7) days from the date of receipt to report in writing any non-compliance with the specifications approved by the Parties. After this period, the Products are deemed to have been accepted without reservation. This time limit does not preclude the exercise of the statutory warranty against hidden defects provided for in Articles 1641 et seq. of the Civil Code.
In the event of duly proven non-conformity, BAWS agrees, at its discretion, to replace or refund the affected Product as soon as possible.
9. Installation and Training (Services)
When Services are ordered, the Customer agrees to:
- obtain, prior to the work, all necessary administrative authorizations for the installation and operation of the Products at its site;
- provide BAWS with accurate information about the site (depth and nature of the seabed, access, dimensions of the area, specific constraints) and ensure access to the site on the agreed-upon dates;
- Unless otherwise specified in the Quote, provide the equipment necessary for installation, including anchors (mooring buoys), lifting equipment, and, if necessary, the services of divers.
BAWS’s work results in a completion report signed by the Client. Training for the Client’s staff covers the setup, use, routine maintenance, and minor repairs of the Products.
Any waiting time, additional travel, or inability to perform the service due to the Customer may be billed separately.
10. Order Cancellation
Once the Client has accepted the Quote, any order may be canceled only with BAWS’s consent. Except in cases of force majeure, the following cancellation terms apply:
- If a deposit has been paid: it is retained by BAWS;
- If no down payment has been made: a lump-sum compensation of 5% of the total order amount, including tax, will be payable to BAWS as compensation.
11. Retention of Title
The Products remain the property of BAWS until the price has been paid in full. In the event of nonpayment, BAWS reserves the right to have the delivered Products returned to it at the Customer’s expense.
12. Specifications and Amendments
The Customer agrees to provide BAWS with all materials necessary to fulfill the order (logos, text, visuals, technical files, etc.). The Customer authorizes BAWS to use these materials freely in connection with the performance of this agreement.
Any substantial change to the original specifications will result in the preparation of a new estimate. BAWS is entitled to payment for work already completed prior to the change.
13. Warranties
13.1 Statutory Warranty. BAWS warrants the Products against any hidden defects that render them unfit for their intended use, in accordance with Articles 1641 et seq. of the Civil Code.
13.2 Commercial Warranty. In addition, BAWS provides a three (3) year commercial warranty effective as of the delivery of the applicable Products. This warranty covers Products or accessories that are unusable due to defects in workmanship or manufacturing, provided that the defects are objectively demonstrable and attributable to BAWS. This warranty includes:
- For Products (excluding accessories): BAWS will, at its discretion, cover 100% of the cost of either repairing or replacing the affected Products;
- For accessories: a refund of the price (excluding tax) listed on the order for the accessory in question, at a rate of 100% if it is deemed unusable during the first year, 70% during the second year, and 30% during the third year.
13.3 Exclusions. The commercial warranty is expressly excluded in the event of (i) coverage under any of the statutory warranties of conformity or against hidden defects, (ii) misuse or negligence on the part of the Customer, particularly in the event of a breach of Section 15, (iii) lack of maintenance, (iv) normal wear and tear, (v) inability to determine with certainty the cause of the alleged defect or failure to provide relevant information, as well as (vi) force majeure.
13.4 Implementation. To make a warranty claim, the Customer must present the original purchase invoice and any evidence proving the cause of the alleged defects. Transportation or shipping costs are the responsibility of the Customer or the Customer’s insurance provider.
14. After-Sales Service (SAV)
All return requests must be accompanied by a return number issued by BAWS. The Product must be returned, along with the invoice, to: BAWS – Logistics Center, 9 rue Marie Curie, 35137 Pleumeleuc, France (tel.: +33 6 52 30 55 80 – contact@baw-sports.com).
Products under warranty will, at BAWS’s discretion, be repaired or replaced. For products not covered by warranty, a repair estimate will be provided, subject to the Customer’s approval. If a product not covered by warranty cannot be repaired, BAWS will notify the Customer and may provide a replacement estimate.
15. Use and Operation of the Products
The Customer is solely responsible for the installation (when not performed by BAWS), operation, and monitoring of the Products. In particular, the Customer agrees to:
- comply with the Products’ user and maintenance instructions, as well as the NF EN ISO 25649 standard and the regulations applicable to its business;
- comply with the minimum water depths, maximum capacity, and minimum ages and heights of users specified for each Product;
- demarcate and mark the work area, ensure constant supervision by qualified personnel, and inform users of the safety guidelines;
- suspend operations in the event of adverse weather conditions (wind, storms, rough seas) or if damage is detected;
- conduct daily and periodic inspections of the Products and anchors;
- purchase liability insurance covering the use of the Products.
16. Force Majeure
In accordance with Article 1218 of the Civil Code, BAWS shall not be held liable for any delay or failure to perform resulting from an event of force majeure (natural disaster, war, strike, pandemic, supply disruption, etc.).
17. Limitation of Liability
BAWS’s liability for any direct damages related to an order is limited to the amount (excluding tax) paid by the Customer for the order in question. BAWS shall not be held liable for indirect damages such as loss of revenue, damage to reputation, loss of profits, or operating losses.
It is expressly agreed that the Customer bears full and sole responsibility for the use of the Products. Accordingly, BAWS shall not be held liable for any claims by third parties alleging damages arising from the operation and use of the Products and/or Services.
The limitations set forth in this article do not apply in cases of gross negligence or willful misconduct on the part of BAWS, nor in cases where the law prohibits the limitation of liability, particularly with respect to personal injury (Articles 1245 et seq. of the Civil Code).
18. Intellectual Property
All plans, models, drawings, prototypes, or technical documents created or provided by BAWS remain its exclusive property. Any reproduction, distribution, or use without BAWS’s written authorization is strictly prohibited.
19. Right of Publication
Unless the Client objects in writing, BAWS reserves the right to mention the Client’s name and showcase the Products produced for commercial reference purposes (website, catalog, brochure, social media, etc.).
20. Validity of Electronic Communications
The Customer acknowledges that electronic communications (e-mails, digitally signed documents, etc.) between the Parties have the same probative value as handwritten documents.
21. Termination
In the event of a material breach by the Customer of its obligations, BAWS may suspend or terminate the contract as of right after a formal notice has remained without effect for thirty (30) days, or without prior notice in the event of repeated breaches.
22. Personal Information
Each Party, acting as an independent data controller, processes the personal data of the other Party’s representatives and contacts (identity, business contact information, job title, billing information) for the purposes of managing the contractual relationship, performing the contract, billing, customer service, legal compliance, and security. Each Party shall implement appropriate technical and organizational measures to ensure the security and confidentiality of personal data, and shall impose confidentiality obligations on its employees and service providers.
Personal data is accessible only to those recipients for whom it is strictly necessary: authorized internal staff, service providers acting as duly supervised data processors (particularly for hosting, support, or payment), as well as legally authorized authorities. Data subjects may exercise their rights under the GDPR (access, rectification, erasure, restriction, objection, and portability) with the relevant data controller and have the right to file a complaint with the competent supervisory authority (CNIL). For BAWS, see the privacy policy.
23. Language
These Terms and Conditions are written in French. In the event of a translation, only the French version shall be considered authentic.
24. Governing Law and Jurisdiction
These Terms and Conditions are governed by French law.
Any dispute shall be subject to the exclusive jurisdiction of the Commercial Court of Rennes, where BAWS has its principal place of business, even in the event of multiple defendants or third-party claims.
BAWS, a single-member limited liability company (EURL) with capital of €1,000 • Apartment B41, 6 rue du Camp de Verdun, 35136 Saint-Jacques-de-la-Lande, France
Registered with the Rennes Trade and Companies Register (RCS) under No. 948 151 220 • SIRET No. 948 151 220 00027 • NAF 4649Z • Intra-Community VAT No. FR64948151220
Tel.: +33 (0)6 52 30 55 80 • contact@baw-sports.com • www.baw-sports.com