Refund rights from Just Eat

MrPez

Got a take away at the weekend. 
I collected it from the restaurant at the time stated. The guy confirmed my order as he handed it to me but when I got home, some of it was wrong. 

I didn't have the energy to go back and was too hungry so made do. I was about 15 quid out of pocket though (compared to what I would have paid had I ordered what I ended up with). 

I contacted Just Eat through the app and was asked to send a photo of the food. I did as asked and they took a further 2 days to come back saying I wasn't entitled to a refund because I collected it myself and apparently I should have checked. 

Do they honestly expect you to open each container before leaving the shop?

Since the took so long, there was no point then going back to the restaurant. 

I'm hardly bothered about the money, but their response really annoyed me and I'm curious about my rights in this case? 

RefluentBeans

You never tried going back to/calling the takeaway? I probably guess it's too late now (4 days ago I ordered something and the order was wrong, but resturants are normally more receptive to dealing with it themselves rather than through JustEat/Uber/Deliveroo, and saves their reputation). It depends on what you want from this - you can push against JustEat and maybe get a voucher.

It also depends what you ordered and what was forgotten. If you ordered noodles, a curry, and a bottle of pop, and in the bag were noodles, dim sum, and, a can of pop, you probably should've noticed. But If there was a different curry/or different meat, then I think that's different. Given that it was £15, guessing food was missing not just wrong flavour and/or filling. I can see their point, depending on what was missing. 

I'd chalk it up to a learning experience, and if there's anything wrong ask the restaurant before going to the delivery app as they can resolve the issue quicker for you, normally. 

MrPez

I didn't call the restaurant, no. I had assumed any dispute would have to go through the app, since they took my money. 

Had I known that's what I was meant to do, I'd have done that straight away. But they took 2 days to reply so no point now. 

I ordered falafel, shashlik prawns, rice and bread. Instead of the prawns I got chicken wings which were £15 cheaper. 

I've already learned my lesson - delete JE. 

I think a refund for the difference is completely reasonable. 

Jonboy_1984

Once you checkout it normally gives the restaurant phone number in case of queries or problems, and I think the emailed order confirmation normally says the same.

JReacher1

You should have called the restaurant.  They would have confirmed the order was wrong and either sent you the replacement items or authorised the refund.

It isn't really Just Eat's fault that you were too tired to go back to the restaurant (or phone them).  They just pass order and money between the customer and the takeaway.  

It seems slightly odd that you still haven't contacted the restaurant to complain.  They may be able to resolve this for you.

RefluentBeans

MrPez said:

I didn't call the restaurant, no. I had assumed any dispute would have to go through the app, since they took my money. 

Had I known that's what I was meant to do, I'd have done that straight away. But they took 2 days to reply so no point now. 

I ordered falafel, shashlik prawns, rice and bread. Instead of the prawns I got chicken wings which were £15 cheaper. 

I've already learned my lesson - delete JE. 

I think a refund for the difference is completely reasonable. 

I think its a tricky one. I think you are entitled to a refund (obviously), but in all honesty I'm unsure how you'd go about this. To me, this is similar to collecting an online order at a shop, and the online order contains wrong components. I'm unsure as to how that would fit in with consumer rights act. I feel you should be covered, and if you push JE they'll likely give you a voucher. But I can't think of what to cite if they push back

Pollycat

I've never used Just Eat/Uber/Deliveroo but am confused why you would order through them if you were collecting the order yourself from the restaurant (I probably just don't understand how it works).

Jonboy_1984

Pollycat said:

I've never used Just Eat/Uber/Deliveroo but am confused why you would order through them if you were collecting the order yourself from the restaurant (I probably just don't understand how it works).

A convenience thing as some of our takeaways can take 45-60 minutes to prepare an order on a Friday/Saturday night once(if) you can get through on the phone, and partly because they process card payments and many of our local takeaways are cash only if you collect.
 I am generally cashless and cannot be bothered to got two miles the other way to a cash point as generally ordering after some sort of DIY has dragged on… (and yes I am aware that there is often a couple of extra quid on their prices for the privilege) 

Being able to filter by council hygiene rating and see others feedback is also useful in a new area.

user1977

MrPez said:

Do they honestly expect you to open each container before leaving the shop?

It would seem sensible to do so, or at least make some sort of check that you've picked up the right order (don't they usually at least scribble something on the lid, even if the container is opaque?). What are you going to do next time?

Pollycat

user1977 said:

MrPez said:

Do they honestly expect you to open each container before leaving the shop?

It would seem sensible to do so, or at least make some sort of check that you've picked up the right order (don't they usually at least scribble something on the lid, even if the container is opaque?). What are you going to do next time?

When OH collects a takeaway, they say what the order is from the original phone call/personal visit before handing it over.

tightauldgit

Why do you think it's Just Eat's fault or they owe you anything? 

They passed your order onto the restaurant and you picked it up - their job seems to have been done well. 

The restaurant gave you the wrong things - so you call them and sort it out.