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Undelivered Take away

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  • 12-03-2013 10:08am
    #1
    Banned (with Prison Access) Posts: 1,289 ✭✭✭


    Hi,

    I paid for a take away by laser and then stupidly fell asleep with phone on silent.
    When I woke up delivery was finished.

    Obviously I was still charged. I was just wondering I am within my rights to have had the order delivered to me the following day?

    I paid for the goods, a transaction took place. I would have been more than happy to have the cold food delivered to me the next day and I could just re-heat.

    I'm just curious moreso than anything else. I will not pursue the issue as they are a decent restaurant and plan to use them again in the future. But would like to know what my actual rights (if any at all) are.


«1

Comments

  • Posts: 50,630 ✭✭✭✭ [Deleted User]


    No.
    They cooked the food, they tried to deliver the food. You were not available despite ordering it. The food would have been destroyed at the end of the night.


  • Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,497 Mod ✭✭✭✭Cabaal


    they fulfilled the service, they made the food and attempted delivery, the reason why the delivery could not be completed was your fault.

    It would be unsafe to give you the food at this stage


  • Banned (with Prison Access) Posts: 1,289 ✭✭✭ebixa82


    Fair enough. Thread closed.


  • Registered Users Posts: 6,163 ✭✭✭ZENER


    How do you know they tried to deliver it ? You were asleep !

    Ken


  • Banned (with Prison Access) Posts: 1,289 ✭✭✭ebixa82


    ZENER wrote: »
    How do you know they tried to deliver it ? You were asleep !

    Ken

    6 missed calls from them


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  • Registered Users Posts: 461 ✭✭mtjm


    ebixa82 wrote: »
    Hi,

    I paid for a take away by laser and then stupidly fell asleep with phone on silent.
    When I woke up delivery was finished.
    ZENER wrote: »
    How do you know they tried to deliver it ? You were asleep !

    Ken
    ebixa82 wrote: »
    6 missed calls from them

    In OP first post he said he fell asleep and phone was on Silent!!!!!!!!!!!!!!!!!!!!!


  • Banned (with Prison Access) Posts: 1,289 ✭✭✭ebixa82


    mtjm wrote: »
    In OP first post he said he fell asleep and phone was on Silent!!!!!!!!!!!!!!!!!!!!!

    I did and it was.


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


    I would have checked outside to see if it was left anywhere, a bit hidden, near a car or in the green bin. Normally a takeaway guy will bring it back, but seeing as it was paid for they might not.

    Won't be edible now though.


  • Registered Users Posts: 6,081 ✭✭✭TheIrishGrover


    rubadub wrote: »
    I would have checked outside to see if it was left anywhere, a bit hidden, near a car or in the green bin. Normally a takeaway guy will bring it back, but seeing as it was paid for they might not.

    Won't be edible now though.
    I don't know man, have ya seen that thing about the Mc***alds burger that bloke had in a paper bag for years?


  • Registered Users Posts: 68,317 ✭✭✭✭seamus


    Legally I think this would be the equivalent of ordering food in a restaurant and then not eating it. Assuming you had no complaints about the food - you just didn't eat it - the restaurant are entitled to bill you for it.

    Though perhaps not. Delivery does form part of the contract. Legally the contract is not complete until delivery of the goods is executed. Being your fault that delivery could not be executed is rather irrelevant in this respect. If the contract cannot be completed, then you should be refunded. Though the restaurant may be able to claim reasonable compensation for the fact that the goods are perishable and cannot be resold.


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  • Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    seamus wrote: »
    ... Delivery does form part of the contract. Legally the contract is not complete until delivery of the goods is executed. Being your fault that delivery could not be executed is rather irrelevant in this respect. If the contract cannot be completed, then you should be refunded....
    I wouldn't fancy my chances in a courtroom with that argument.


  • Registered Users Posts: 9,202 ✭✭✭maximoose


    I don't know man, have ya seen that thing about the Mc***alds burger that bloke had in a paper bag for years?

    Getting wildly OT, but have a read of this :)


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


    maximoose wrote: »
    Getting wildly OT, but have a read of this :)
    Very good, always knew it was nonsense. The original "experiment" was supposed to have been done in a very hot state, with dry air too. Mc Donalds chips are also more like crisps, very little moisture, if you make similar home made chips they also will not go mouldy.

    The air temp might well be cold enough these days to act like a fridge. A fridge should be up to 5C


  • Registered Users Posts: 68,317 ✭✭✭✭seamus


    I wouldn't fancy my chances in a courtroom with that argument.
    No, me neither. Even if the judge were to agree with the argument, I suspect they would award reasonable compensation to the business for the cost of the food and the cost of the failed delivery, which would just happen to be equal to the billed cost...


  • Banned (with Prison Access) Posts: 1,289 ✭✭✭ebixa82


    My thinking was...could they just not leave it in their fridge and deliver it the next evening or have me pick it up..

    I can honestly say that the majority of times I order a take away I end up eaten some leftovers the next day.

    Like I said, I'm just curious, I will not pursue it but will probably light heartedly mention it to the guy on the phone the next time and see what his response would be.

    (I would think a good will gesture of maybe a free starter or something just for customer service, without any obligation to do so!)


  • Registered Users Posts: 551 ✭✭✭Todd Gack


    ebixa82 wrote: »
    My thinking was...could they just not leave it in their fridge and deliver it the next evening or have me pick it up..

    There'd be a higher risk of food poisoning by doing that so it wouldn't be worth it for them. Same reason most restaurants won't let you take leftovers home.


  • Banned (with Prison Access) Posts: 1,289 ✭✭✭ebixa82


    Todd Gack wrote: »
    There'd be a higher risk of food poisoning by doing that so it wouldn't be worth it for them. Same reason most restaurants won't let you take leftovers home.

    100% agreed.


  • Registered Users Posts: 21,444 ✭✭✭✭Skid X


    ebixa82 wrote: »
    Like I said, I'm just curious, I will not pursue it but will probably light heartedly mention it to the guy on the phone the next time and see what his response would be.

    I think you should be giving a decent tip to the delivery guy who rang you six times while he was outside in the freezing cold.

    I wouldn't be offering you a free starter, the Take Away did everything which could reasonably be expected of them.


  • Banned (with Prison Access) Posts: 1,289 ✭✭✭ebixa82


    Skid X wrote: »
    I think you should be giving a decent tip to the delivery guy who rang you six times while he was outside in the freezing cold.

    I wouldn't be offering you a free starter, the Take Away did everything which could reasonably be expected of them.

    How was he outside in the freezing cold? He called from his mobile in his car. He has no access until he calls me and gets the code to the gate.

    Which reminds me, the last time I ordered he made me go down to his car instead of him delivering to my building, which I thought was lazy. No tip for him that night(thou I already paid €2 delivery in bill).


  • Banned (with Prison Access) Posts: 7,771 ✭✭✭michael999999


    ebixa82 wrote: »

    How was he outside in the freezing cold? He called from his mobile in his car. He has no access until he calls me and gets the code to the gate.

    Which reminds me, the last time I ordered he made me go down to his car instead of him delivering to my building, which I thought was lazy. No tip for him that night(thou I already paid €2 delivery in bill).
    You couldnt have been that hungry if you fell asleep!


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  • Banned (with Prison Access) Posts: 1,289 ✭✭✭ebixa82


    You couldnt have been that hungry if you fell asleep!

    I was both hungry and tired. Dangerous combination.

    Starvation mode might result in an inability to sleep, not having to wait on a take away. It was a Sunday night treat, not a matter of life or death


  • Registered Users Posts: 2,280 ✭✭✭mackeire


    ebixa82 wrote: »

    How was he outside in the freezing cold? He called from his mobile in his car. He has no access until he calls me and gets the code to the gate.

    Which reminds me, the last time I ordered he made me go down to his car instead of him delivering to my building, which I thought was lazy. No tip for him that night(thou I already paid €2 delivery in bill).
    It might be a different driver but you should always tip.
    I do deliveries and the non tippers always gets their food last. If i go out with 2 deliveries and the non tipper lives nearer, i would gladly drive by their house and deliver the other one first!


  • Banned (with Prison Access) Posts: 1,289 ✭✭✭ebixa82


    mackeire wrote: »
    It might be a different driver but you should always tip.
    I do deliveries and the non tippers always gets their food last. If i go out with 2 deliveries and the non tipper lives nearer, i would gladly drive by their house and deliver the other one first!

    If you deliver to my door you get a tip, if you make me go out to the road to meet you, you don't.

    If the drivers rely on tips so badly that they mistreat those paying customers who don't tip, who gets the 2-3e delivery charge? I take it the restaurant themselves, and not the driver? The driver hardly gets both?


  • Registered Users Posts: 2,280 ✭✭✭mackeire


    ebixa82 wrote: »

    If you deliver to my door you get a tip, if you make me go out to the road to meet you, you don't.

    If the drivers rely on tips so badly that they mistreat those paying customers who don't tip, who gets the 2-3e delivery charge? I take it the restaurant themselves, and not the driver? The driver hardly gets both?
    Depends on the place they deliver for. The place i deliver for, we get paid once a week, thats wages and delivery charges. So yes, tips are important as you need yhem to cover your petrol for the night.

    Ita also company policy for our drivers not to enter any buildings. If you live in an appartment block then you have to meet the driver at the main door into the building, unless you are elderly or at home alone and have a child in bed.
    But he shouldn't make you go to the gate.


  • Banned (with Prison Access) Posts: 1,289 ✭✭✭ebixa82


    mackeire wrote: »
    Depends on the place they deliver for. The place i deliver for, we get paid once a week, thats wages and delivery charges. So yes, tips are important as you need yhem to cover your petrol for the night.

    Ita also company policy for our drivers not to enter any buildings. If you live in an appartment block then you have to meet the driver at the main door into the building, unless you are elderly or at home alone and have a child in bed.
    But he shouldn't make you go to the gate.
    Is it company policy to drive past the house of those who don't tip like you described or is that just something that delivery drivers decide to do themselves?

    Don't think I've ever seen on a take away menu anything along the lines of "Please Note:Non-Tipppers will have their food delivered last, even if this means driving past their house to reach others first".


  • Registered Users Posts: 2,280 ✭✭✭mackeire


    ebixa82 wrote: »
    Is it company policy to drive past the house of those who don't tip like you described or is that just something that delivery drivers decide to do themselves?

    Don't think I've ever seen on a take away menu anything along the lines of "Please Note:Non-Tipppers will have their food delivered last, even if this means driving past their house to reach others first".
    yes thats exactly what it says! it also mentions about whats generlly regarded as a good tip and a bad tip!


  • Banned (with Prison Access) Posts: 1,289 ✭✭✭ebixa82


    mackeire wrote: »
    yes thats exactly what it says! it also mentions about whats generlly regarded as a good tip and a bad tip!

    A tip is never compulsory. Maybe the delivery men's assoc. have some unwritten code. The customer pays a delivery charge already, why should someone have to pay twice for a driver to deliver to their home? It's not as if it's a difficult job, the complete opposite in fact.

    This kind of scumbaggery just gives delivery men a bad name.

    Take aways are expensive enough in Ireland without obligatory tips. Paying 3-4e for delivery charge + tip is enough to drive the price out of people's budgets which in the end will result in less business for take aways, and obviously their delivery men.


  • Registered Users Posts: 58,456 ✭✭✭✭ibarelycare


    ebixa82 wrote: »
    My thinking was...could they just not leave it in their fridge and deliver it the next evening or have me pick it up..

    I can honestly say that the majority of times I order a take away I end up eaten some leftovers the next day.

    Like I said, I'm just curious, I will not pursue it but will probably light heartedly mention it to the guy on the phone the next time and see what his response would be.

    (I would think a good will gesture of maybe a free starter or something just for customer service, without any obligation to do so!)


    If I was you I'd be pretty embarrassed over the whole thing and would be phoning up to apologise rather than trying to get a free starter out of them. The driver made his best effort to deliver the food to you, you were entirely in the wrong and there's no way in hell a restaurant is going to keep food in the fridge for you and try to contact you the next day to redeliver. You are completely in the wrong here.


  • Registered Users Posts: 26,412 ✭✭✭✭noodler


    I'm impressed the driver rang you 6 times.

    Other orders to deliver etc.


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  • Banned (with Prison Access) Posts: 1,289 ✭✭✭ebixa82


    If I was you I'd be pretty embarrassed over the whole thing and would be phoning up to apologise rather than trying to get a free starter out of them. The driver made his best effort to deliver the food to you, you were entirely in the wrong and there's no way in hell a restaurant is going to keep food in the fridge for you and try to contact you the next day to redeliver. You are completely in the wrong here.

    I phoned them the night it happened and apologised, which is when I was told the delivery driver had finished.

    They were paid in full so why would they care either way?

    Never said I was or wasn't in the wrong, just was curious what my rights were, and I got my answer after two posts. Hence I wrote "close thread" in my 2nd post!


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