Crosswords0 min ago
Would I have been able to cancel this transaction?
11 Answers
Last night we got a takeaway from the just eat website. I always pay by debit card as its easier than faffing with change at the doorstep. Anyway for those who arent familiar with how it works, you order, pay and state the time you want it. Once payment has gone through the place confirms it with an email. So 5 mins after all this my phone rings and the restaurant tells me they need me to pay £2 delivery as my house is not in their delivery area. Even though it states the opposite on the website and they have already charged me £2. I explained all this but he just kept repeating the same thing how it was too far for his driver blah blah blah and got quite rude. He then checked the order again and realised his mistake, laughed and said sorry. Then he says can he bring it in 30mins, I said no we dont want it yet we want it for the time we ordered it for. He then got stroppy again and said it wasnt convenient at that time! I had to say to him 3 times we didnt want it so soon and if it was such a problem we would order from someone else. Eventually he said no no its fine we will do it. The big pr*ck. Anyway I just wondered as the payment had gone through, would I have been able to cancel it myself by phoning the bank? (first direct) If so, what would stop people from doing that who had already received their food and were lying in order to get it free?
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It would be covered by The Consumer Protection (Distance Selling) Regulations 2000.
Which would actually mean you are not entitled to cancel and are not entitled to a refund under section 13(c)
"13.—(1) Unless the parties have agreed otherwise, the consumer will not have the right to cancel the contract by giving notice of cancellation pursuant to regulation 10 in respect of contracts—
(a)for the supply of services if the supplier has complied with regulation 8(3) and performance of the contract has begun with the consumer’s agreement before the end of the cancellation period applicable under regulation 12;
(b)for the supply of goods or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by the supplier;
(c)for the supply of goods made to the consumer’s specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly;
(d)for the supply of audio or video recordings or computer software if they are unsealed by the consumer;
(e)for the supply of newspapers, periodicals or magazines; or
(f)for gaming, betting or lottery services."
Which would actually mean you are not entitled to cancel and are not entitled to a refund under section 13(c)
"13.—(1) Unless the parties have agreed otherwise, the consumer will not have the right to cancel the contract by giving notice of cancellation pursuant to regulation 10 in respect of contracts—
(a)for the supply of services if the supplier has complied with regulation 8(3) and performance of the contract has begun with the consumer’s agreement before the end of the cancellation period applicable under regulation 12;
(b)for the supply of goods or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by the supplier;
(c)for the supply of goods made to the consumer’s specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly;
(d)for the supply of audio or video recordings or computer software if they are unsealed by the consumer;
(e)for the supply of newspapers, periodicals or magazines; or
(f)for gaming, betting or lottery services."
I hate ordering over the phone thats why I prefer to do it online. Makes me all nervous lol. And usually there is no problem and its great knowing exactly when the food will arrive.
I think I will contact just eat over it as well thanks. I have already given the a crap review but most of the others are great so I must have been unlucky.
I think I will contact just eat over it as well thanks. I have already given the a crap review but most of the others are great so I must have been unlucky.
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