Problem with beelivery and inadequate refund - what can I do?

the_lunatic_is_in_my_head

ThisnotThat said:

the_lunatic_is_in_my_head said:

ThisnotThat said:

born_again said:

Hannimal said:

I paid by credit card so I will get in touch with them and ask for full refund for all those items listed above 

Why will the CC refund you?
They might do a chargeback (very much doubt it though), but that would require the items to be returned to the retailer. But you would also have to prove what you ordered against what you recieved.

No S75 as none of the items are over £100.

Would they though?  The retailer is Asda, not Beelivery, and I very much doubt the purchaser (the delivery driver) would be able to return the items anyway as they're not faulty.

The OP purchased at a distance so would have the right to cancel items (which aren't liable to deteriorate or expire rapidly) and return them.

It's been stated before by a respected poster that for the limits to apply they have to be communicated to the consumer via durable means, if that didn't occur there may be a right to cancel the other items. 

In addition if the OP hasn't been provided with the correct information regarding cancelling the contract they can return the goods in any condition without deduction.  

As above it very much depends on the durable information provided and as Beelivery appear to only provide the link between two people is it down to the driver to give this info to the consumer as their website doesn't mention the right to cancel or returns (that I could see)? 

The OP paid for a service, which they received.

The OP paid for both goods and services, unless the food was digital. 

ThisnotThat

the_lunatic_is_in_my_head said:

ThisnotThat said:

the_lunatic_is_in_my_head said:

ThisnotThat said:

born_again said:

Hannimal said:

I paid by credit card so I will get in touch with them and ask for full refund for all those items listed above 

Why will the CC refund you?
They might do a chargeback (very much doubt it though), but that would require the items to be returned to the retailer. But you would also have to prove what you ordered against what you recieved.

No S75 as none of the items are over £100.

Would they though?  The retailer is Asda, not Beelivery, and I very much doubt the purchaser (the delivery driver) would be able to return the items anyway as they're not faulty.

The OP purchased at a distance so would have the right to cancel items (which aren't liable to deteriorate or expire rapidly) and return them.

It's been stated before by a respected poster that for the limits to apply they have to be communicated to the consumer via durable means, if that didn't occur there may be a right to cancel the other items. 

In addition if the OP hasn't been provided with the correct information regarding cancelling the contract they can return the goods in any condition without deduction.  

As above it very much depends on the durable information provided and as Beelivery appear to only provide the link between two people is it down to the driver to give this info to the consumer as their website doesn't mention the right to cancel or returns (that I could see)? 

The OP paid for a service, which they received.

The OP paid for both goods and services, unless the food was digital. 

No, they paid for a service, for Beelivery to match them up with a delivery driver. They received that service.

the_lunatic_is_in_my_head

ThisnotThat said:

the_lunatic_is_in_my_head said:

ThisnotThat said:

the_lunatic_is_in_my_head said:

ThisnotThat said:

born_again said:

Hannimal said:

I paid by credit card so I will get in touch with them and ask for full refund for all those items listed above 

Why will the CC refund you?
They might do a chargeback (very much doubt it though), but that would require the items to be returned to the retailer. But you would also have to prove what you ordered against what you recieved.

No S75 as none of the items are over £100.

Would they though?  The retailer is Asda, not Beelivery, and I very much doubt the purchaser (the delivery driver) would be able to return the items anyway as they're not faulty.

The OP purchased at a distance so would have the right to cancel items (which aren't liable to deteriorate or expire rapidly) and return them.

It's been stated before by a respected poster that for the limits to apply they have to be communicated to the consumer via durable means, if that didn't occur there may be a right to cancel the other items. 

In addition if the OP hasn't been provided with the correct information regarding cancelling the contract they can return the goods in any condition without deduction.  

As above it very much depends on the durable information provided and as Beelivery appear to only provide the link between two people is it down to the driver to give this info to the consumer as their website doesn't mention the right to cancel or returns (that I could see)? 

The OP paid for a service, which they received.

The OP paid for both goods and services, unless the food was digital. 

No, they paid for a service, for Beelivery to match them up with a delivery driver. They received that service.

So the food was free then? 

ThisnotThat

the_lunatic_is_in_my_head said:

ThisnotThat said:

the_lunatic_is_in_my_head said:

ThisnotThat said:

the_lunatic_is_in_my_head said:

ThisnotThat said:

born_again said:

Hannimal said:

I paid by credit card so I will get in touch with them and ask for full refund for all those items listed above 

Why will the CC refund you?
They might do a chargeback (very much doubt it though), but that would require the items to be returned to the retailer. But you would also have to prove what you ordered against what you recieved.

No S75 as none of the items are over £100.

Would they though?  The retailer is Asda, not Beelivery, and I very much doubt the purchaser (the delivery driver) would be able to return the items anyway as they're not faulty.

The OP purchased at a distance so would have the right to cancel items (which aren't liable to deteriorate or expire rapidly) and return them.

It's been stated before by a respected poster that for the limits to apply they have to be communicated to the consumer via durable means, if that didn't occur there may be a right to cancel the other items. 

In addition if the OP hasn't been provided with the correct information regarding cancelling the contract they can return the goods in any condition without deduction.  

As above it very much depends on the durable information provided and as Beelivery appear to only provide the link between two people is it down to the driver to give this info to the consumer as their website doesn't mention the right to cancel or returns (that I could see)? 

The OP paid for a service, which they received.

The OP paid for both goods and services, unless the food was digital. 

No, they paid for a service, for Beelivery to match them up with a delivery driver. They received that service.

So the food was free then? 

They paid for a service.

the_lunatic_is_in_my_head

ThisnotThat said:

the_lunatic_is_in_my_head said:

ThisnotThat said:

the_lunatic_is_in_my_head said:

ThisnotThat said:

the_lunatic_is_in_my_head said:

ThisnotThat said:

born_again said:

Hannimal said:

I paid by credit card so I will get in touch with them and ask for full refund for all those items listed above 

Why will the CC refund you?
They might do a chargeback (very much doubt it though), but that would require the items to be returned to the retailer. But you would also have to prove what you ordered against what you recieved.

No S75 as none of the items are over £100.

Would they though?  The retailer is Asda, not Beelivery, and I very much doubt the purchaser (the delivery driver) would be able to return the items anyway as they're not faulty.

The OP purchased at a distance so would have the right to cancel items (which aren't liable to deteriorate or expire rapidly) and return them.

It's been stated before by a respected poster that for the limits to apply they have to be communicated to the consumer via durable means, if that didn't occur there may be a right to cancel the other items. 

In addition if the OP hasn't been provided with the correct information regarding cancelling the contract they can return the goods in any condition without deduction.  

As above it very much depends on the durable information provided and as Beelivery appear to only provide the link between two people is it down to the driver to give this info to the consumer as their website doesn't mention the right to cancel or returns (that I could see)? 

The OP paid for a service, which they received.

The OP paid for both goods and services, unless the food was digital. 

No, they paid for a service, for Beelivery to match them up with a delivery driver. They received that service.

So the food was free then? 

They paid for a service.

Ok so lets say they paid for a service, I presume you know that in the event the trader doesn't provide the consumer with the required information on the right to cancel the consumer has 1 year and 14 days to cancel their contract, regardless of whether the service has been fully performed and as above "it very much depends on the durable information provided". 

ThisnotThat

the_lunatic_is_in_my_head said:

ThisnotThat said:

the_lunatic_is_in_my_head said:

ThisnotThat said:

the_lunatic_is_in_my_head said:

ThisnotThat said:

the_lunatic_is_in_my_head said:

ThisnotThat said:

born_again said:

Hannimal said:

I paid by credit card so I will get in touch with them and ask for full refund for all those items listed above 

Why will the CC refund you?
They might do a chargeback (very much doubt it though), but that would require the items to be returned to the retailer. But you would also have to prove what you ordered against what you recieved.

No S75 as none of the items are over £100.

Would they though?  The retailer is Asda, not Beelivery, and I very much doubt the purchaser (the delivery driver) would be able to return the items anyway as they're not faulty.

The OP purchased at a distance so would have the right to cancel items (which aren't liable to deteriorate or expire rapidly) and return them.

It's been stated before by a respected poster that for the limits to apply they have to be communicated to the consumer via durable means, if that didn't occur there may be a right to cancel the other items. 

In addition if the OP hasn't been provided with the correct information regarding cancelling the contract they can return the goods in any condition without deduction.  

As above it very much depends on the durable information provided and as Beelivery appear to only provide the link between two people is it down to the driver to give this info to the consumer as their website doesn't mention the right to cancel or returns (that I could see)? 

The OP paid for a service, which they received.

The OP paid for both goods and services, unless the food was digital. 

No, they paid for a service, for Beelivery to match them up with a delivery driver. They received that service.

So the food was free then? 

They paid for a service.

Ok so lets say they paid for a service, I presume you know that in the event the trader doesn't provide the consumer with the required information on the right to cancel the consumer has 1 year and 14 days to cancel their contract, regardless of whether the service has been fully performed and as above "it very much depends on the durable information provided". 

You can sit here rattling off chapter and verse of the law if you want, it provides little value in situations like this.  The OP has no chargeback rights and the company have offered a partial refund.  This isn't seeing the inside of a court room.

the_lunatic_is_in_my_head

ThisnotThat said:

the_lunatic_is_in_my_head said:

ThisnotThat said:

the_lunatic_is_in_my_head said:

ThisnotThat said:

the_lunatic_is_in_my_head said:

ThisnotThat said:

the_lunatic_is_in_my_head said:

ThisnotThat said:

born_again said:

Hannimal said:

I paid by credit card so I will get in touch with them and ask for full refund for all those items listed above 

Why will the CC refund you?
They might do a chargeback (very much doubt it though), but that would require the items to be returned to the retailer. But you would also have to prove what you ordered against what you recieved.

No S75 as none of the items are over £100.

Would they though?  The retailer is Asda, not Beelivery, and I very much doubt the purchaser (the delivery driver) would be able to return the items anyway as they're not faulty.

The OP purchased at a distance so would have the right to cancel items (which aren't liable to deteriorate or expire rapidly) and return them.

It's been stated before by a respected poster that for the limits to apply they have to be communicated to the consumer via durable means, if that didn't occur there may be a right to cancel the other items. 

In addition if the OP hasn't been provided with the correct information regarding cancelling the contract they can return the goods in any condition without deduction.  

As above it very much depends on the durable information provided and as Beelivery appear to only provide the link between two people is it down to the driver to give this info to the consumer as their website doesn't mention the right to cancel or returns (that I could see)? 

The OP paid for a service, which they received.

The OP paid for both goods and services, unless the food was digital. 

No, they paid for a service, for Beelivery to match them up with a delivery driver. They received that service.

So the food was free then? 

They paid for a service.

Ok so lets say they paid for a service, I presume you know that in the event the trader doesn't provide the consumer with the required information on the right to cancel the consumer has 1 year and 14 days to cancel their contract, regardless of whether the service has been fully performed and as above "it very much depends on the durable information provided". 

You can sit here rattling off chapter and verse of the law if you want, it provides little value in situations like this.  The OP has no chargeback rights and the company have offered a partial refund.  This isn't seeing the inside of a court room.

Well that is the point of the forum, to advise posters on their consumer rights. 

Half the posts on this thread provide little value. 

Manxman_in_exile

I must admit that I find it hard to believe that the supplier of the service can substitute cheaper goods for more expensive ones and not refund the difference to the OP.  (If I understand correctly what has happened here - I've never used any sort of grocery delivery service and certainly don't intend to either).  I'm a bit surprised so many posters would be happy to accept that.

The OP may not have have any practical legal recourse in these circumstances, but I see no harm in the_lunatic_is_in_my_head pointing out what should happen.  And if I were the OP I would point that reality out to the service provider.  I bet they're unaware of it.

sheramber

How does the driver get paid?

Money_Grabber13579

the_lunatic_is_in_my_head said:

ThisnotThat said:

the_lunatic_is_in_my_head said:

ThisnotThat said:

the_lunatic_is_in_my_head said:

ThisnotThat said:

the_lunatic_is_in_my_head said:

ThisnotThat said:

the_lunatic_is_in_my_head said:

ThisnotThat said:

born_again said:

Hannimal said:

I paid by credit card so I will get in touch with them and ask for full refund for all those items listed above 

Why will the CC refund you?
They might do a chargeback (very much doubt it though), but that would require the items to be returned to the retailer. But you would also have to prove what you ordered against what you recieved.

No S75 as none of the items are over £100.

Would they though?  The retailer is Asda, not Beelivery, and I very much doubt the purchaser (the delivery driver) would be able to return the items anyway as they're not faulty.

The OP purchased at a distance so would have the right to cancel items (which aren't liable to deteriorate or expire rapidly) and return them.

It's been stated before by a respected poster that for the limits to apply they have to be communicated to the consumer via durable means, if that didn't occur there may be a right to cancel the other items. 

In addition if the OP hasn't been provided with the correct information regarding cancelling the contract they can return the goods in any condition without deduction.  

As above it very much depends on the durable information provided and as Beelivery appear to only provide the link between two people is it down to the driver to give this info to the consumer as their website doesn't mention the right to cancel or returns (that I could see)? 

The OP paid for a service, which they received.

The OP paid for both goods and services, unless the food was digital. 

No, they paid for a service, for Beelivery to match them up with a delivery driver. They received that service.

So the food was free then? 

They paid for a service.

Ok so lets say they paid for a service, I presume you know that in the event the trader doesn't provide the consumer with the required information on the right to cancel the consumer has 1 year and 14 days to cancel their contract, regardless of whether the service has been fully performed and as above "it very much depends on the durable information provided". 

You can sit here rattling off chapter and verse of the law if you want, it provides little value in situations like this.  The OP has no chargeback rights and the company have offered a partial refund.  This isn't seeing the inside of a court room.

Well that is the point of the forum, to advise posters on their consumer rights. 

Half the posts on this thread provide little value. 

That’s the problem with this forum these days. Too many people only seem interested in arguing against the initial poster and putting them down rather than providing any actual help or advice.

The fundamental principle of contract law is that when you are buying goods and services (and this is goods AND services), what you purchase is what you are supplied with. Therefore, if the OP has purchased a specific box of chocolates and that specific box has not been supplied, the contract is not fulfilled (this is just an example). I get it that some of the differences might be trivial but even if they have advertised a 190g pack size and have supplied a 175g pack size, that is still a breach of contract in my view.  The fact that a 190g pack wasn’t available in the particular store doesn’t change that fact, it just means that the business model is flawed.

when shopping directly with a supermarket, they will bring substitutions, if the ordered item is not available.  They do that to be helpful (and because it might prevent them from losing out on the sale of another item), not because they have any statutory right to supply one thing when a consumer has ordered another. Additionally, in that case, the consumer only pays the price of the goods which were actually supplied and if they aren’t satisfied with the stores approach to deal with the breach of contract (the substitutions), they can obtain a remedy in the form of rejecting the goods for a refund. 

The supplier (whoever they are in this particular case) would therefore seem to have breached the contract by not supplying what the OP ordered and they are entitled to a remedy.  If that remedy is a refund, the OP would have to return the goods to that supplier and whilst that is unlikely to be practical (given the supplier doesn’t seem to be the store), I don’t think that can be used as a reason to reduce the consumers statutory rights, even if that means the business is unviable.