Takeaways

AvidSaver101

Hi all - long time forum reader, first time poster.

I wasn't quite sure which category this question fell into, but thought I would post it here as it seemed the most suitable.

I recently ordered a takeaway from a local delivery place, and paid by credit card via the Just Eat website.

When the delivery driver came to the door he told me that one of the items i'd ordered had an incorrect price on the menu, and that he needed an extra £3 from me.

I refused on the grounds that a contract had already been formed between us when they accepted payment via the website (as the order on the website is sent live to said takeaway).

Eventually he gave in and gave us our meal, but I was just curious to know if anyone knew the legality of such a practice? Is the contract between me and the takeaway place formed once payment is acepted on the website (which is what I argued), or on receipt of the goods?

Thanks,

VitaK

It could also be the driver trying to pull a fast one. This would not be the first time.

casey

I agree, it sounds like he may have been trying it on.

McKneff

Check with the takeaway and tell them to update their website accordingly if it is an incorrect price.

copier_guy

yep - pulling a fast one

one of our drivers went around and altered the bills attached to the takeaways too.

Jezminda

I would def give the takeaway itself a call - sounds like he might be having you on, several free 3 quids a night soon adds up. Either way, they should change the web info.

Alikay

Depends on whether it was an obvious underpricing i.e £1 for a big tub of Haagen Dazs rather than the more usual £4-ish. If it seemed a genuine mistake I'd pay up: Takeaways are generally privately run businesses and I wouldn't want them left out of pocket on my order just over a principle.

I'd expect an apology and swift updating of the website, though.

onlyroz

In most cases like this you can usually make your point just by refusing to pay extra. There was one time when I was given a Dominos voucher through the letterbox that said I could get a free pizza - but when the guy delivered it he said that the voucher wasn't valid because I'd ordered it online rather than over the phone. Technically he was correct, in that the teeny weeny small print said as such - but I still got my free pizza by kicking up a fuss and making him call the shop, because I didn't see how it made any difference to them how I'd ordered the thing. In the end, businesses like this should prefer to keep the customer happy, rather than p*ss them off so that they never come back again.

Wickedkitten

Yeah, actually get this with Perfect Pizza where apparently there is a £1 delivery charge yet it says absolutely nothing about it on the website.

Lucy1973

I think you were right to refuse. Imagine if he was pulling a fast one,and every house gave him 3 pounds,he'd be raking it in:eek:

bylromarha

Contact Just Eat and get them to look into it. Gives their business a bad name if this happens with the takeaways they work with.