Non footie question for our legal eagles

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johnny crossan

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Last Friday my wife hurt herself struggling to carry our heavy Waitrose grocery order into the kitchen after the Deliveroo rider politely refused her request for help saying he was only insured to the door of the property not inside. Deliveroo have now confirmed that this is their company policy but these restrictions are not published on their webpage or made known during the ordering process and conflict with Waitrose own advertised support which states drivers will come into your house and help unpack if asked.

Deliveroo should make this policy clear to potential customers, particularly those who are elderly or disabled but I think the problem is Waitrose' responsibility for choosing a third party agent whose policies conflict with their own. This is on the basis that as the retailer it is them not Deliveroo with whom I have a contract to supply the goods purchased in a safe manner as set out in the Consumer Rights Act (2019).

CAB have now told me that this is wrong and my contract is with Deliveroo because they take the payment on Waitrose's behalf.

Are they right?
 
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it used to be plumbers that sorted stuff out in kitchens now deliveroo drivers i guess progress or are all plumbers worn out
 
I'd say your contract is normally with the retailer, not the third-party delivery service.

But did you order via Waitrose, or via Deliveroo? Id say if you ordered from Waitrose, who then sent you through to Deliveroo to pay, then it's Waitrose. If, on the other hand, you ordered directly from Deliveroo, who passed your order through to Waitrose, then CAB might well be right.
 
Prestwich_Blue said:
I'd say your contract is normally with the retailer, not the third-party delivery service.

But did you order via Waitrose, or via Deliveroo? Id say if you ordered from Waitrose, who then sent you through to Deliveroo to pay, then it's Waitrose. If, on the other hand, you ordered directly from Deliveroo, who passed your order through to Waitrose, then CAB might well be right.
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Ordered through the Deliveroo app, but if you have any issues with the content of the order they refer you to Waitrose.

In Deliveroo Partner Ts&Cs it says
"Through its Delivery Service, Deliveroo will provide you with a real-time ordering process that enables customers to place orders with you for delivery on the Platform in the UK (Delivery Orders) from the site/s that you have chosen and we that have agreed to provide Delivery Services to (the Sites). We may agree to amend the Sites from time to time. Deliveroo will also provide Delivery Services and Customer Support Services for your Delivery Orders - see more on this below.

By signing up to Delivery Service, you authorise Deliveroo to act as your agent to solicit, promote and conclude contracts for Delivery Service orders in your name and on your behalf, and to collect customer payments owed to you in respect of those orders.

Customer payments made in respect of orders placed with you through the Delivery Service will be held by Deliveroo on your behalf; payment to Deliveroo settles the customer’s payment obligation to you for these orders. "

Deliveroo Partners Terms and Conditions | Deliveroo

merchants.deliveroo.com merchants.deliveroo.com

So I reasoned if they are acting as agent my contract must be with the supermarket on whose behalf they collect the money.
 
Presumably u mean 2015 as there is no 2019 relevant act.

If Waitrose states that drivers will help bring groceries inside and unpack if asked, this is a contractual promise. Their failure to deliver on this (due to Deliveroo’s policy) could be a breach of contract.

Deliveroo’s restriction (only insured to the door) limits their drivers’ actions, but this isn’t your problem as the consumer, it’s between Waitrose and Deliveroo. Waitrose chose Deliveroo as their agent, so they bear the responsibility

Deliveroo should indeed make their policy clearer, especially for elderly or disabled customers who might rely on extra assistance. However, under consumer law, your recourse is against Waitrose, not Deliveroo, because Waitrose is the retailer you contracted with. The Consumer Contracts Regulations 2013 also require pre-contract information (like delivery restrictions) to be clear, but this obligation falls on Waitrose to communicate, either directly or via their partner.


Direct Responsibility: Deliveroo’s driver refused to help, citing their policy, it is this which caused the injury. However, proving Deliveroo’s negligence would require showing they owed her a duty of care beyond delivering to the door, which is unlikely.

Waitrose’s Responsibility: If Waitrose promised assistance inside the home and didn’t deliver on that (via Deliveroo), you could argue they failed to provide the service as advertised, indirectly causing the injury. This might entitle you to compensation for breach of contract, but linking it to personal injury is a stretch without legal advice.

CAB is wrong in saying your contract for the groceries is with Deliveroo. Your contract for the goods (and their delivery) is with Waitrose. Deliveroo is Waitrose’s agent for delivery, and Waitrose remains legally responsible.

Waitrose may have breached their contract by not fulfilling their advertised promise of in-home assistance, especially if this wasn’t clarified as subject to Deliveroo’s restrictions.

You should complain to Waitrose, citing the Consumer Rights Act 2015 (Sections 28 and 50), and demand they address the mismatch between their promise and Deliveroo’s policy. You could ask for compensation for the inconvenience and injury, though the latter might need more evidence (medical records and so on)

let me know if wish for help on the complaint pal.
 
johnny crossan said:
Last Friday my wife hurt herself struggling to carry our heavy Waitrose grocery order into the kitchen after the Deliveroo rider politely refused her request for help saying he was only insured to the door of the property not inside. Deliveroo have now confirmed that this is their company policy but these restrictions are not published on their webpage or made known during the ordering process and conflict with Waitrose own advertised support which states drivers will come into your house and help unpack if asked.

Deliveroo should make this policy clear to potential customers, particularly those who are elderly or disabled but I think the problem is Waitrose' responsibility for choosing a third party agent whose policies conflict with their own. This is on the basis that as the retailer it is them not Deliveroo with whom I have a contract to supply the goods purchased in a safe manner as set out in the Consumer Rights Act (2019).

CAB have now told me that this is wrong and my contract is with Deliveroo because they take the payment on Waitrose's behalf.

Are they right?
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Absolutely correct.
 
Johnny, you may well be entitled to compensation but to get it you may have to go to court.
If one of the legal eagles engages a solicitors clerk, thereby employing a third party, and the solicitors clerk hurts his back carrying your file to the court, would you be responsible for his injury or would it be the barrister ?

I think you need to think this through before claiming as it is clearly a very dodgy area of law.
 
Blue Mist said:
Johnny, you may well be entitled to compensation but to get it you may have to go to court.
If one of the legal eagles engages a solicitors clerk, thereby employing a third party, and the solicitors clerk hurts his back carrying your file to the court, would you be responsible for his injury or would it be the barrister ?

I think you need to think this through before claiming as it is clearly a very dodgy area of law.
Click to expand...
I'm not after compo just trying to get Deliveroo to help those who need it and if not persuade Waitrose to stop using them or at least make them tell folk about the restriction. My other half is OK btw her back is on the mend.
 
blueish swede said:
Why didn't your wife only carry what she could manage to the kitchen, and make more trips?
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Finally, someone asking "at what point does the person receiving the goods lose any responsibility regarding the injury incurred?"

The goods were dropped off at the house. Is the driver expected to enter, put the food away, get the pans out and start cooking?
What if, while the food is being brought in a dog bites the driver? Driver trips over a rug? A customer falsely claims sexual or physical assault? Can the driver claim compo from the customer? The driver is right to stay out.
 
johnny crossan said:
I'm not after compo just trying to get Deliveroo to help those who need it and if not persuade Waitrose to stop using them or at least make them tell folk about the restriction. My other half is OK btw her back is on the mend.
Click to expand...
Well you would say that.........

But when I pm'd you to say you could be due 15k you replied is that all
 
Mad Eyed Screamer said:
Finally, someone asking "at what point does the person receiving the goods lose any responsibility regarding the injury incurred?"

The goods were dropped off at the house. Is the driver expected to enter, put the food away, get the pans out and start cooking?
What if, while the food is being brought in a dog bites the driver? Driver trips over a rug? A customer falsely claims sexual or physical assault? Can the driver claim compo from the customer? The driver is right to stay out.
Click to expand...
..or what if the driver tortures the occupants for their safe combination, murders them and then makes off with the contents. Or maybe the plumber, carpet cleaner, decorator...nobody's safe.
 
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