Co-op grocery delivery T&Cs - are they lawful?

learnandshare

Update:

Firstly, many thanks for all the great responses😀

Today I had an unexpected email from Co-op regarding this issue after my conversation with their customer service rep. The email is not fully comprehensible. I'll have to get back in touch with them tomorrow to find out what it means but at least they have followed up.

FYI:

Whenever I shop for delivery with any other well-known online grocery stores, they honour the deal price regardless of whether one or more of the items is/are unavailable. Also, those other stores allow you to specify a substitute online when you are ordering.

I am a state pensioner and have difficulty getting to shops because of mobility problems. Even with deliveries, I have to sit near the door and wait for the knock.

As for refusal, the contract deliverers are not authorized to return items to the shop. Plus I would have to get my refused items for dinner elsewhere, another order!

Just seems so unfair.

Thanks again!

born_again

Was this a delivery made by Co-op staff or one of the 3rd party co's such as Deliveroo?

Undervalued

https://forums.moneysavingexpert.com/discussion/comment/81901392#Comment_81901392

Tesco certainly make a pro rata reduction on the meal deal items that are delivered if one or more are out of stock. However, because they choose to do that doesn't mean they are legally obliged to do so. As others have pointed out they don't do it for customers in the shop. Yes you can refuse any item in a doorstep van delivery and it is refunded almost instantly.

I have occasionally ordered from the CoOp and encountered the same problem as you. As you say the 3rd party scooter delivery drivers won't take anything away. When I had a problem and called customer service they refunded "as a gesture of goodwill". How often they will do that I have no idea.

Tesco also offer Woosh! Similar delivery to the CoOp so I doubt you can reject on the doorstep so presumably it is a case of asking customer service.

A friend delivered for Tesco (van) for about six months during Covid. The drivers have all kinds of discretion but the key is "ask nicely" as they also have the discretion to stone wall those that get belligerent!

ThumbRemote

Irrespecitve of the legality, this is a bizarre approach by Co-op. Everyone knows that individual meal deal components are priced deliberately high to make it seem like a bargain when you buy the meal deal. They are charging a customer the inflated prices when they'd still be making a profit if they reduced pro-rata, and in the process annoying a customer and risking future sales.

Okell

@learnandshare - "… Today I had an unexpected email from Co-op regarding this issue after my conversation with their customer service rep. The email is not fully comprehensible. I'll have to get back in touch with them tomorrow to find out what it means but at least they have followed up…"

Unless it's marked "confidential" or similar, would you mind copying and pasting the body of the email?

Might help you understand it and might help others advise you on this

Okell

@A_Geordie - "… which is whether the other remaining items are allowed to be rejected. I would argue yes, otherwise that sort of interpretation is an unfair term since a consumer would not have intended to purchase at full price but rather the deal price. Imposing a higher charge that's outside the control of the customer would be an inherently unfair term in my opinion."

I'd agree with you but the problem is going to be the OP convincing the Co-op that that is the correct legal position

the_lunatic_is_in_my_head

Pretty sure Coop say acceptance is upon delivery so you could refuse anything, or the whole lot.

(Whether OP went via a third party or not is unclear and so there might be different terms).

learnandshare

https://forums.moneysavingexpert.com/discussion/comment/81902177#Comment_81902177

OK, so … I'd rather not share the email if you don't mind. I contacted Co-op again on the phone today as I finally worked out what it probably meant and my original payment was not processed by the bank until today. They've refunded me more than originally said (though not the amount asked for). I accepted that refund but will still be escalating my opinion (including all your valuable inputs) about the fairness/competitiveness of their T&Cs.

FYI on a few other points:
1. I ordered directly from the co-op member website but their delivery is 3rd party.
2. You don't really get a chance to refuse delivery as they only show what's been picked in email a very short time before it's on its way, then you don't know what's in the bag until you open it, by which time they are gone anyway. Also if you refuse delivery, then you haven't got everything else you needed.
3. I'm a state pensioner and only partially mobile, so am not normally able to go to a shop. If I was in a shop, I wouldn't even attempt to buy a deal unless all items were there.

Can't thank you all enough for all the info!

Cheers

Isthisforreal99

If you are reliant on tbe co-op for these deliveries then I would be careful pushing it too far. Sure you may get your refund but they may not want you as a customer anymore.

learnandshare

https://forums.moneysavingexpert.com/discussion/comment/81904075#Comment_81904075

I won't be pushing for any more refund but I will be attending the AGM online as a member.

I'm not reliant on them as I also shop with stores that have the best prices for what I need.

And, to be fair, Co-op are the only one that offers in-store prices for same-day delivery.