Welcome to the Flostream platform for reporting goods damaged or lost in transit.
Flostream only use trusted and reliable third party delivery and courier services so cases where goods are damaged or lost in transit are extremely rare, however We acknowledge that sometimes things can go wrong and when they do it can be disruptive and frustrating; therefore We have created this platform for to report any goods that are delivered damaged or not delivered at all and we can resolve thing with the delivery service for you in the fastest and most efficient way possible.
It is important that We establish an agreement with you for how this portal can be used and the process to follow.
Within these Terms of Use:
‘we’ ‘us or ‘our’ refers to Flostream Ltd;
‘Website’ refers to https://flostreamservices.online/.
‘you’ or ‘your’ refers to the Website visitor or user.
- The Website may only be used for the purposes of reporting a package damaged or lost in transit where we have arranged the delivery of the package.
- The Website should not be used to report goods that are damaged or found to be faulty after delivery has been accepted.
- We may revise these Terms of Use from time-to-time. Any revision or amendment will apply to the use of the Website from the date of the publication. You should refer to these Terms of Use on a regular basis to ensure that you are aware of the Terms of Use that are current at the time of your visit.
- Reporting process and requirement
- We may arrange for the delivery of any goods stored within or transported to our premises in accordance with a contract for services.
- We shall package the goods using the most suitable materials except where the goods are delivered to us already packaged and are to be stored unopened and in their original packaging.
- We shall select the most appropriate and cost effective third party delivery service when taking into account the type, size and weight of the goods.
- Delivery of the goods is subject to any limitations, restrictions or exclusions within the third party delivery service’s standard terms and conditions, details of the selected delivery service and their terms and conditions can be provided in advance for your approval upon request and you acknowledge that this may result in a delay in dispatching the goods.
- Unless you inform us otherwise it is deemed that you will accept the delivery service selected by Us and their terms and conditions.
- When the goods are dispatched responsibility and liability for the goods is with the delivery service until the goods are delivered to you.
- Goods damaged in transit
- In the unlikely event that the goods are damaged in transit there would usually some form of visible damage to the packaging. You should carefully examine the packaging and any damage should be noted in any document that you sign to accept delivery; if you are not asked to sign anything then the damage should be reported to the driver and you should ask that the damage is recorded.
- Take and retain photographs of the damaged packaging.
- If it is clear that the goods have been damaged without opening the packaging then you should not open or interfere with the delivery in any way to avoid any dispute as to whether the damage occurred after delivery.
- If the packaging is damaged but it cannot be ascertained whether the goods are damaged then you should try to
- Open the package in the presence of the driver; and/or
- Make a video recording of the package being opened.
- In the event that the goods inside the package are received damaged (irrespective of whether the package has any visual signs of damage) you must inform us via this Website within 3 working days of delivery except in exceptional circumstances for example the goods were left at a neighboring property or sickness or holiday resulted in you being unable to inspect the packaging or goods immediately or shortly after delivery.
- If the goods are delivered damaged complete the form on the Website with as much detail as possible and include any photographs or videos of the damage to the goods and packaging.
- Unless instructed otherwise you must keep the damaged goods and packaging at the delivery address as we or the delivery provider may need to inspect the package.
- Upon receipt of a completed form we shall provide you with an acknowledgement of receipt and contact the delivery service with a view to resolving the issue however any resolution may be restricted or limited by their terms and conditions.
- Where any compensation is awarded up to the value of the goods this will be paid directly to us given that you do not have a direct contract with the delivery company and we shall either resend the goods to you or in the event that you cancel the order we shall issue a refund.
- Goods lost in transit
- In the event that you do not receive delivery of the goods within 3 days of the anticipated or expected delivery date then you should report the non-delivery using the form on this Website.
- We shall make enquiries with the delivery service on your behalf to ensure the goods:
- were not left at a neighbouring property or other safe place or returned to the delivery services premises due to no one being available to receive delivery;
- Goods are not in transit and delayed for something like adverse weather, vehicle breakdown or driver sickness;
- some other reason why delivery failed on the expected delivery date;
- In the event that the goods cannot be traced or their whereabouts are unknown within a reasonable period of time then the package shall be declared lost in transit.
- Where any compensation is awarded up to the value of the goods this will be paid directly to us given that you do not have a direct contract with the delivery company and we shall either resend the goods to you or in the event that you cancel the order we shall issue a refund.
- In the event that you selected or requested a guaranteed delivery within a specified time or on a specified date or time and compensation is due we shall claim the compensation on your behalf or where such an option is available
- Intellectual Property in the Websitw
- All intellectual property statutory rights and privileges including but not limited to patents, rights to inventions, utility models, copyright, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) in any part of the world, within the Website design, images, graphics, text, layout, software and source code is owned by or licensed to Us.
- Any Trademarks within this Website which are not the property of, or licensed to us are recognised, acknowledged and respected.
- License to use website
- Subject to your compliance to these Terms of Use we grant you a non-exclusive, non-transferable, royalty free license to:
- view pages from the Website in a web browser;
- download pages from the Website for caching in a web browser;
- print pages from the Website.
- You must not, and you must not allow another person to:
- republish, redistribute, reproduce, duplicate, copy, translate, transmit, broadcast, sell, rent or sub-license or otherwise use material from the Website, including use or publication on another website without Our express written consent;
- frame or embed any part of the Website on other websites without Our express written permission;
- use any material on the Website for a commercial purpose;
- attempt to edit, modify, amend or decompile any material on the Website;
- conduct any data collection (whether automated or not) including but not limited to data scraping, data mining, data extracting and data harvesting;
- access or use the Website in any way that causes, or may cause, damage to the Website or its hosting servers or networks; or that impairs or interferes with of the availability or impairment of the performance, availability or accessibility of the Website;
- use the Website tto copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- conduct any manual, systematic or automated collection of data (including without limitation to scraping, data mining, data extraction and data harvesting);
- use data from our website to contact any individuals, companies or other persons or entities except Flostream;
- send any direct marketing material to Flostream or (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
- We reserve the right to restrict access to areas of the Website, or the whole Website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Website.
- Liability and limitations
- Our liability to you in relation to your use of the Website or under or in connection with these Terms of Use, whether under law, regulation, code, rule, contract, equity, tort (including negligence) or otherwise, will be limited as follows:
- To the extent that access to the Website is provided free-of-charge we will not be liable for any loss or damage of any nature, irrespective of the basis behind a claim and if you are dissatisfied with any aspect of the Website then your sole and exclusive remedy is the discontinuation of your use of the Website.
- To the extent that we will make all reasonable endeavours to maintain continuous and secure access to our Website, the operation and availability of the Website may be interrupted as a result of routine or necessary updates and maintenance; or interfered with beyond our control and we give no warranties or guarantees in respect of your ability or inability to access the Website or the downloading of damaged or corrupt data.
- To the extent that technology and equipment can function incorrectly or fail to function at all, the operation and availability of the Website may be interrupted or interfered with beyond our reasonable control and we cannot give any warranties or guarantees of continuous or uninterrupted access nor shall we be liable for any loss or damage, whether financial; loss of savings or opportunity; or corruption of any data resulting from Your inability to access the Website.
- To the extent that such matters are beyond out reasonable control, we shall not be liable for any loss or damage resulting from a Force Majeure (A force of nature or ‘Act of God’) or conditions which do not arise as a result of a breach of a duty of care or negligence, including but not limited to adverse weather, war, strikes, fires, floods. Governmental restrictions; power failures or failure of suppliers, networks or service providers, sub-contractors or carriers.
- To the extent that the transmission of data through the internet is inherently insecure, we will use every reasonable endeavour to ensure the integrity and security of the data and our equipment but we shall be under no liability for non-receipt or misrouting of data or that the data you receive has not been interfered with. You are encouraged to provide your own additional security software but the compatibility, effectiveness and updating of that software is your sole responsibility.
- To the extent that it is necessary for us to update and upgrade the underlying software and equipment used to make the Website accessible via the internet to maintain security and keep up with technological advances which may result in Downtime, You shall hold Us harmless and fully indemnify Us against any claims, losses or damages resulting from downtime.
- To the extent that we do not know the software or apps that are installed on the device you use to access the Website we are not able to guarantee that upgrades or updates are compatible with any third party scripts, code, software or apps that You upload or install and You shall hold us harmless and fully indemnify us against any claims, losses or damages resulting from compatibility issues.
- Nothing in these Terms of Use (or elsewhere on Our Website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
- Nothing within these Terms of Use will limit or interfere with any right implied in Law that cannot be contracted out of or excluded.
- Breaches of these terms and conditions
- In the interest of keeping visitors safe we may use any method available to us, including technical and legal to prevent or remedy a breach of these terms. Unauthorised use of this Website may give rise to a claim for damages or be a criminal offence.
- We may suspend or prohibit, block or restrict access to the Website or a part of our Website and you must not take any action to circumvent such suspension, prohibition or blocking (including without limitation creating or using a different account).
- Severability
- If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
- If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- Third party rights
- A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party and the Contract (Rights of Third Parties) Act 1999 shall not apply except for a right of recourse of an insurer under a relevant insurance policy.
- The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
- Law and jurisdiction
- These terms and conditions shall be governed by and construed in accordance with English law.
- Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.