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I'd like to know am I fighting a lost cause?
I recently placed an order with UberEATS, this is extremely petty. However, I was a tad annoyed when this happened which is why I have followed through with back and forth messages with their customer service for a few days.
I ordered two Chicken legend meals using the UberEATS app, this includes a delivery charge of £3.50. I am to believe that using this service I will get exactly what I ask for.
When placing the order there was a box which includes the writing "Add a note (extra napkins, extra sauce...)" I said "2 curry sauce and 2 BBQ sauce please".
When my order arrived no sauce came with it, I immediately called up McDonalds and they had claimed that I never included that in the notes and hung up on me. I was certain I did and when I spoke with UberEATS customer services they had confirmed that is indeed what I asked for.
I was unhappy with the order due to no sauce being included, and, the chips were cold when they arrived - no fault of the delivery timing, I'm assuming they were just cold from McDonalds so i can't fault UberEATS for the chips.
The reason why I was irritated by this was that, I use the curry sauce to dip all of my food in, including the burger. If it were the chicken missing for example in the chicken legend I'm sure they would see this as a different case, but for me, the sauce is just as important.
They said they can not guarantee sauces will arrive, my argument was that it should not be included as an option if it can not be guaranteed. I am using their service with the intention that I am going to get exactly what I ask for. I would not have used them as a delivery service if I knew that there was no guarantee of what I order is going to arrive.
I would not have ordered the food at all if I knew that curry sauce wasn't available/wasn't going to arrive, I would have either ordered something completely different, or would have gone to a different restaurant. In this case I have even wasted extra money on a delivery fee when they supposedly cannot guarantee that my order will be met.
According to the Consumer Rights Act 2015 it is tricky with 'freebies' (sauce in this case), however, it also states when a freebie comes with a purchase then it then has the same rights as an item with value.
I placed an offer to buy exactly what I ordered, INCLUDING the free sauce. They accepted my offer when they received my money. This is a binding contract. The sauce has not arrived.
I have also just read their policy which states 'NOTE: When items are missing, we'll refund the customer the sales price of the item (including tax/VAT) at the time of the order. If an entire order is incorrect, the customer is refunded for the sales price of the entire order (including tax/VAT) and the delivery fee. '
This completely destroys my argument from what I can see, but how is it even possible that they can include this in their policy if it is going against a basic contract agreement?
Thanks in advance
I recently placed an order with UberEATS, this is extremely petty. However, I was a tad annoyed when this happened which is why I have followed through with back and forth messages with their customer service for a few days.
I ordered two Chicken legend meals using the UberEATS app, this includes a delivery charge of £3.50. I am to believe that using this service I will get exactly what I ask for.
When placing the order there was a box which includes the writing "Add a note (extra napkins, extra sauce...)" I said "2 curry sauce and 2 BBQ sauce please".
When my order arrived no sauce came with it, I immediately called up McDonalds and they had claimed that I never included that in the notes and hung up on me. I was certain I did and when I spoke with UberEATS customer services they had confirmed that is indeed what I asked for.
I was unhappy with the order due to no sauce being included, and, the chips were cold when they arrived - no fault of the delivery timing, I'm assuming they were just cold from McDonalds so i can't fault UberEATS for the chips.
The reason why I was irritated by this was that, I use the curry sauce to dip all of my food in, including the burger. If it were the chicken missing for example in the chicken legend I'm sure they would see this as a different case, but for me, the sauce is just as important.
They said they can not guarantee sauces will arrive, my argument was that it should not be included as an option if it can not be guaranteed. I am using their service with the intention that I am going to get exactly what I ask for. I would not have used them as a delivery service if I knew that there was no guarantee of what I order is going to arrive.
I would not have ordered the food at all if I knew that curry sauce wasn't available/wasn't going to arrive, I would have either ordered something completely different, or would have gone to a different restaurant. In this case I have even wasted extra money on a delivery fee when they supposedly cannot guarantee that my order will be met.
According to the Consumer Rights Act 2015 it is tricky with 'freebies' (sauce in this case), however, it also states when a freebie comes with a purchase then it then has the same rights as an item with value.
I placed an offer to buy exactly what I ordered, INCLUDING the free sauce. They accepted my offer when they received my money. This is a binding contract. The sauce has not arrived.
I have also just read their policy which states 'NOTE: When items are missing, we'll refund the customer the sales price of the item (including tax/VAT) at the time of the order. If an entire order is incorrect, the customer is refunded for the sales price of the entire order (including tax/VAT) and the delivery fee. '
This completely destroys my argument from what I can see, but how is it even possible that they can include this in their policy if it is going against a basic contract agreement?
Thanks in advance
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