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

user1977

the_lunatic_is_in_my_head said:

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?

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? 

It's not a distance contract (between your agent and the shop) if your agent is in the shop.

the_lunatic_is_in_my_head

user1977 said:

the_lunatic_is_in_my_head said:

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?

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? 

It's not a distance contract (between your agent and the shop) if your agent is in the shop.

Thanks, so who has the contract with the store? The agent or the customer? 

user1977

the_lunatic_is_in_my_head said:

user1977 said:

the_lunatic_is_in_my_head said:

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?

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? 

It's not a distance contract (between your agent and the shop) if your agent is in the shop.

Thanks, so who has the contract with the store? The agent or the customer? 

If it's truly an agency situation (haven't looked into whether it is) then the customer does, via their agent. Not that that really helps, as the agent is (impliedly) telling the store that their principal is happy to buy whatever the substituted items are. If the customer doesn't think they authorised their agent to make the substitutions then they can only complain to the agent.

born_again

the_lunatic_is_in_my_head said:

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? 

As I said If you use a supermarket delivery service "You have a right to reject a substitution" 
Trouble with this co is you are paying them (I take it they bill you) but they then pass your order onto a 3rd party, who can shop where ever they like.
So does the 3rd party pay at the supermarket, then claim it back?
I guess you could say to the delivery person. I don't want that take it back. But how would that sit with the way they get paid.

As you say. This is open to abuse. I bet most of the people that signup to deliver goods are also working for one of the many other delivery co's as well as being a taxi driver. Might just kick a family member into the supermarket to get the goods

Hence why not allowing substitutions is always the best option. As it takes out the problem of someone having to think...
So the box of choc's is only a issue when you know it's for a child. Which of course the person picking the item does not. Bit like me asking for Milk Tray & getting Black Magic. As I hate dark chocolate. It's still a box of chocolates.

the_lunatic_is_in_my_head

user1977 said:

the_lunatic_is_in_my_head said:

user1977 said:

the_lunatic_is_in_my_head said:

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?

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? 

It's not a distance contract (between your agent and the shop) if your agent is in the shop.

Thanks, so who has the contract with the store? The agent or the customer? 

If it's truly an agency situation (haven't looked into whether it is) then the customer does, via their agent. Not that that really helps, as the agent is (impliedly) telling the store that their principal is happy to buy whatever the substituted items are. If the customer doesn't think they authorised their agent to make the substitutions then they can only complain to the agent.

Thanks, so the customer has a contract with beelivery to find a driver which is pretty simple as they cancel if they can't (but beelivery would still be required to offer the consumer the right to cancel or take the required steps to reduce the cancellation period to when the service begins as it's an off-premises contract).

The customer also has an on-premises contract with store for the goods which is also simple.

The customer then has a third contract with the driver to act as an agent and this is also an off-premises contract, meaning the driver has to provide the customer with all the required information, etc? beelivery claim the driver is not their agent so can beelivery still send the required information on behalf of the driver?

What is the drivers actual service? Is an agent a service in it's self, are they simply transporting goods or does the act of making decisions when doing the shopping mean the service is something else? 

Presumably the customer has recourse against their agent, the driver, if the service isn't performed to the requirements of the contract but does OP know who their driver was and where their geographical place of business is? 

[Deleted User]

I did Beelivery for a while some time ago as a driver. The drivers get a set payment for the delivery usually with a bonus the quicker the shop/delivery is completed. They don't get to "keep the change" if the shopping is cheaper due to substitutions. The only people pocketing here would be Beelivery themselves.

The delivery drivers actually have to folk out for the shopping themselves and Beelivery pay the total cost of the actual shopping + delivery fee back the driver by bank transfer the next day (or maybe same day now).