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

Manxman_in_exile

So you think it's entirely correct and proper that the driver can simply substitute cheaper and/or inferior products for the more expensive ones ordered by the consumer, and that the driver can pocket the difference and not refund it to the consumer?

You don't see any potential at all for abuse in that situation, and you think that any T&Cs that allow that are entirely fair and above board?

I don't think it's any question of a "victim complex" - it's a simple question of distinguishing right from wrong...

Hannimal

  

pinkshoes said:

So the substituted items are worth £19.50 and you paid £25. A difference of £5.50.

No. I may be explaining myself poorly because I am not a native speaker. 

Overall, all the substituted items cost me £25 - the price I agreed when I bought the items. Of these £25, there was £5.50 worth of substitutions that were reasonable and I accepted, such as substituting a soy yoghurt to a coconut yoghurt. The price of the things I listed as not being happy with I paid £19.50 for. I would be happy with a £15 refund. £3 doesn't even cover the one box of chocolates that I paid over £6 for. 

But yeah, I'll take it on the chin. I have been conned by the driver, I am absolutely sure of this, but little I can do. 

Hannimal

sheramber said:

They don't have a shop. Their drivers do a shop in whichever grocery store they decide and then deliver to you.

How do you know what the items will cost if they chose where to buy them?

This among other reasons is why they charge you more than the retailer. So they charge you say £2 for something that usually retails for £1.50 so they should have enough leeway on the price to actually buy the stuff you ordered. Most prices on their website are very inflated. This is what I agreed to when I decided to try them out for the convenience. Now I know better. 

Hannimal

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.

I think I paid for products, which I did not receive.

Hannimal

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.

Yes, I paid a delivery fee. I am not saying I should be reimbursed for that. However, I should receive money back for the items I did not receive.

Hannimal

Manxman_in_exile said:

Like Money_Grabber I don't understand why so many posters have been against the OP?

I can't see any merit in a service where the service provider can substitute cheaper items for the more expensive contracted items, yet still charge the consumer the price of the more expensive items*.  I don't care if the consumer agrees to sustitutions where the contracted items are unavailable - the service model is clearly open to potential abuse if the consumer doesn't get refunded the difference!

The idea is that you as a consumer pay a set price, say £3 for 6 apples. This is clearly more than you'd pay at most supermarkets. Then your driver goes and gets you the 6 apples from their chosen supermarket and everyone is happy. You're happy because while you paid a bit more than you would otherwise, it's been delivered to you on demand and it saves you from going to the supermarket. 

The problem now is that consistently the driver picked up 4 apples instead of 6, but I still paid £3 each time.

Manxman_in_exile

Hannimal - if you read the whole thread through to the end you'll realise that a lot of people agree that you haven't been dealt with properly or fairly by beeliver - not everybody thinks you were at fault in any way - except for choosing beeliver in the first place.  I'd steer clear of them in future if I were you

Unfortunately there's probably not a lot you can do about it as it's not really worth following up for such a relatively small amount.

You could try pointing out to them that they've not fulfilled what is required of them under distance sellling legislation (see posts by the _lunatic_is _in_my_head) but don't expect to get anywhere with them.

Hannimal

Manxman_in_exile said:

Hannimal - if you read the whole thread through to the end you'll realise that a lot of people agree that you haven't been dealt with properly or fairly by beeliver - not everybody thinks you were at fault in any way - except for choosing beeliver in the first place.  I'd steer clear of them in future if I were you

Unfortunately there's probably not a lot you can do about it as it's not really worth following up for such a relatively small amount.

You could try pointing out to them that they've not fulfilled what is required of them under distance sellling legislation (see posts by the _lunatic_is _in_my_head) but don't expect to get anywhere with them.

Thank you - I think you are right that it was stupid of me to order through them. I did expect to pay inflated prices for all the products, I just didn't expect that I wouldn't even get what I ordered and would still need to do a supermarket trip anyway. 

Thank you

born_again

Hannimal said:

I think I paid for products, which I did not receive.

But they provided subituitions for. Which you allowed them too.

Which is why it is always better to tick no substitutions.

Sadly the way they work is to overcharge in the 1st place. Looking at their FAQ for drivers. They have to enter a price for the items, and they also have advice on substitutions. 

At least with your normal supermarket delivery, you can decline substitutions if you do not like them. It looks like this is not a option with this co & you can only complain to them.

Does the driver provide you with the receipt from (asda) in this case? Which would allow you to try and return the items for a refund from the store?

the_lunatic_is_in_my_head

born_again said:

Hannimal said:

I think I paid for products, which I did not receive.

But they provided subituitions for. Which you allowed them too.

Which is why it is always better to tick no substitutions.

Sadly the way they work is to overcharge in the 1st place. Looking at their FAQ for drivers. They have to enter a price for the items, and they also have advice on substitutions. 

At least with your normal supermarket delivery, you can decline substitutions if you do not like them. It looks like this is not a option with this co & you can only complain to them.

Does the driver provide you with the receipt from (asda) in this case? Which would allow you to try and return the items for a refund from the store?

I don't think a term stating you have to accept unknown substitutions would not be be fair as it weighs the contract significantly in the favour of the trader. 

The service should be simple, you order, pay extra per item + delivery which covers the profit for the driver and marketplace and in return you get the convenience. But as pointed out above a less than honest driver could abuse the system to pick the cheapest stuff they can find to maximise profit, which the marketplace should really consider.

The system would work better if drivers had to use certain shops close to the customer and the marketplace had a API from the shop to ensure they at least stock the products ordered to reduce substitutions. 

The whole "agent" things confuses me, aside from the confusing terms on the website, can the customer in this situation have a contract with the physical shop? If they do did they still concluded the contract at a distance? 

Is paying a third party like this the same as sending your friend to the shop? If your friend spends your money to buy you things would have a contract with the store?