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Law stating delivery charge?

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  • 24-04-2010 8:47pm
    #1
    Registered Users Posts: 37,302 ✭✭✭✭


    Is there any law stating that you must display the cost for the delivery of food? For pizza/takeaway/etc places?

    Noticed it doesn't state on the leaflet I have for one of the local chippers, and only found out when I asked the amount (it was about €1.50 addition). Luckily I asked, as I'd say many people wouldn't know until the delivery man came, for the delivery charge is not mentioned on the leaflet.

    I would be "local" to the chipper: I'm in the same area (Leixlip) that the chipper is located, if that makes a difference.


Comments

  • Registered Users Posts: 5,059 ✭✭✭Pacing Mule


    No law - the chipper would argue that the leaflet you have is a menu of whats sold and the prices charged in the chipper itself.


  • Registered Users Posts: 37,302 ✭✭✭✭the_syco


    No law - the chipper would argue that the leaflet you have is a menu of whats sold and the prices charged in the chipper itself.
    Interesting. The chipper in question states delivery times, but not the price. Other local chippers list the delivery times and charge of delivery (as well as what the min order would be for no delivery charge).


  • Registered Users Posts: 5,059 ✭✭✭Pacing Mule


    Most chippers are indeed very clear on delivery charges but to answer your original question there is no law saying they have to. :)


  • Registered Users Posts: 8,952 ✭✭✭duffman13


    Having worked in takeaways most of them generally advertise the price. Although some of the more established chippers generally dont. I think they should probably start stating the delivery charge as people assume now its like dominos where a delivery charge (1.50) is incorporated on to items on the menu.



    There is however no legal obligation to to advertise a delivery price, as it is an additional service that you dont have to avail of.


  • Registered Users Posts: 32,382 ✭✭✭✭rubadub


    Most do, I can think of reasons not to -like they can change it at will with no notice, they could tell you it is more on bank holidays etc when they might have to charge drivers more. Some list out loads of different prices for different areas and they might be unsure how much to charge right now, it could be listed on the next issue.


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  • Registered Users Posts: 385 ✭✭IRCA


    the_syco wrote: »
    Is there any law stating that you must display the cost for the delivery of food? For pizza/takeaway/etc places?

    Noticed it doesn't state on the leaflet I have for one of the local chippers, and only found out when I asked the amount (it was about €1.50 addition). Luckily I asked, as I'd say many people wouldn't know until the delivery man came, for the delivery charge is not mentioned on the leaflet.

    I would be "local" to the chipper: I'm in the same area (Leixlip) that the chipper is located, if that makes a difference.


    If you feel very strongly about this I would recommend contacting the Irish Advertising Standards Authority (www.asai.ie) and make a form,al complaint. The issue here is about unavoidable costs.

    If the only way you could ever receive the food was to pay a delivery charge (e.g. the Company had no Bricks & Mortar presence that you could physically visit to collect your order), then the company is in breach of the "Code of Standards for Advertising, Promotional and Direct Marketing" - however as this is a voluntary code there is no legal remedy as such.

    Cases have been brought against online retailers where obviously you cannot personally collect the goods from an online only store, and in these instances the case has been upheld in favour of the Buyer.

    If however, you ordered the food and were never informed about a delivery charge, and it was not advertised anywhere, then you could bring an action for damages in the small claims court on the grounds that due to false, misleading or inaccurate advertising you acted to your detriment (had to pay a delivery charge) - however the cost of such an action would far outweigh the delivery charge you mention.

    If you want to make sure others are not "stung" contact the ASAI - that's what they are there for.

    Good Luck


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