Mistake in order on pub app

Rincewindwiz

HI

I placed an order online using the pub (Wetherspoons) chain's app.

Some confusion with the app and a minoir glitch caused me to order a pint of beer in addition to the items which I intended to order.

When the order was delivered to our table I told the server I did not (intend to) order the pint and could they please take it back

The server refused.

Recourse to the pub manager also resulted in refusal.

I am aware I an unable to return food items but am I allowed not to accept them if I did not intend to order them?

marcia_

 Just leave it on the table or take it to the bar and leave it? No need to have them take it away. 

If looking for a refund, no as you ordered it by accident or not. 

The_Fat_Controller

You DID order the beer, your intentions do not matter, therefore you need to pay for your mistake.

Beer is food !

Abbafan1972

I would've just drank it!

sarah1972

Pmd the team to move to a relevant board as it’s not been posted on one x

tripled

Right to reject only applies if the goods are faulty or not as described, not because you were confused or made a mistake. When you press "Pay Now" in the app it gives you a list of the items in your basket for you to review. Unless the "glitch" meant it wasn't in this list I don't think you have much of a case and are relying on a goodwill gesture.

I can't see how you would have a right to cancel either. It's unlikely to count as a distance selling contract because you were in Wetherspoons premises with employees present, even if not face to face, and communicated with a Wetherspoons employee when they brought the order over to you. Even if it were a distance selling contract, there is an exclusion to the right to cancel the supply of goods which are liable to deteriorate or expire rapidly, which is the case with an opened or poured drink.

biscan25

Yes, you are relying on goodwill with this I'm afraid.

The only circumstance when you have a right of refusal is when you order at the bar and they haven't clearly labelled the prices. 

You clearly get shown the amount you are paying and the goods received on the app when you check out.

jimpwarsop

Have you ever tried to get a pint back into a keg/cask ?  And I guess its illegal too, so what would you want them to do ? Just take a hit?

In the chain you go to because they shave their margins to provide the cheapest pint for everyone.

Penguin_

The only way I could see an pint being ordered in error is when you get one of their "Meals & a drink" deals.

user1977

Why can't the OP invoke the Changed My Mind About That Pint (Cooling Off Period) Regulations 2016?

Manxman_in_exile

This sounds like a contrived law student question.

Who would use Wetherspoon's app to order food in a Wetherspoon's and mistakenly order a pint they didn't want and wouldn't drink?  (Or couldn't give away?)

Maybe it was a local AA bash...