Have you ever ordered a takeaway that has taken significantly longer than advertised to deliver?
Your consumer rights when your food delivery goes wrong
You are totally within your rights to reject the order when it arrives if it is not as you ordered. You have a right to a discount on the order if they decide to keep it.
In fact, if the delivery was so late that you had to order another takeaway at additional cost to the original order, you could argue that in law you are entitled to the difference too. One must be reasonable, so the delay would need to be unreasonable and within the delivery company’s control.
Any food delivery company not delivering when promised would be in breach of a number of laws. Under the Consumer Rights Act 2015 (CRA) services should be carried out with information given verbally or in writing to the consumer which is binding where the consumer relies on it. Any service must be carried out within the agreed time. Secondly, The Consumer Protection from Unfair Trading Regulations 2008 (amended 2014) (CPUTRs) prohibit trading practices that are unfair to consumers and there are bans on Misleading Practices.
How to complain about your fast food delivery
You may already have paid for the delivery before it arrives and then find it difficult to get the refund/discount. Take a picture of the delivery with the time and making copies of any evidence showing the delivery time. (Always make a note of the time you placed the order). Then write to the manager of the company with who you paid the money whether this is the actual delivery company or not, your contract is always with whom you paid your money.
Give details of date, time of order and time of delivery with any evidence. State that the company is in breach of the Consumer Rights Act 2015 and The CPUTRs (using the information above). State that should you not be fully satisfied with the response then you will take the matter further which will include but not be limited to informing Trading Standards and detailing your experience on relevant review sites. You could even threaten the Small Claims Court but few people would carry this threat through! Quoting your legal rights in this way usually gets the redress you are owed!
Paying through an app? Your contract is always with whom you paid. So just like companies that try and fob you off and tell you to contact the courier when you’ve ordered something online… don’t be fobbed off re food delivery. Let the company you paid get its money back from the fast food place!
The same applies for other issues, such as wrong or missing items.
Taking the complaint further
If you are still unhappy you can always write to the CEO, contact details for CEOs can be found at www.ceoemail.com. The CEO won’t necessarily respond personally but the matter will be escalated and taken more seriously. If more people started to complain and assert their legal rights then service would have to improve or companies would go under from providing refunds and discounts. As for companies who repeatedly breach the CPUTRs a breach is a criminal offence. The maximum penalty on conviction is a fine and two years’ imprisonment!
Further help with complaining effectively
Purchase and download Wrong Order – Fast Food Delivery template letter
For more information, tips, advice, consumer law and template letters for most consumer complaint scenarios GET THE BOOK! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS!