Non footie question for our legal eagles

johnny crossan said:
..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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The carpet cleaner, plumber and decorator would - or should - have insurance to cover themselves and / or other folk / property that they are in, if they are responsible for accidents that happen.
The food delivery driver does not.
 
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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I am not a qualified legal eagle but I have worked over 10 years with contract law and as soon as you introduce a third party it gets very complicated when it comes to liability. I would suggest there is a gap in liability between Waitrose contract with you and Deliveroos contract with you and Waitrose contract with Deliveroo. Unfortunately, it would likely be so complicated to unravel that the legals would not likely take it on. Policy is also not contract. Policy is by definition dynamic policing. Your contract will be with Deliveroo though as you didn't directly deal with Waitrose and I am pretty sure there was no transfer of liability or collateral warranties put in place when you ordered your shopping.
 
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SamTheGuru said:
I am not a qualified legal eagle but I have worked over 10 years with contract law and as soon as you introduce a third party it gets very complicated when it comes to liability. I would suggest there is a gap in liability between Waitrose contract with you and Deliveroos contract with you and Waitrose contract with Deliveroo. Unfortunately, it would likely be so complicated to unravel that the legals would not likely take it on. Policy is also not contract. Policy is by definition dynamic policing. Your contract will be with Deliveroo though as you didn't directly deal with Waitrose and I am pretty sure there was no transfer of liability or collateral warranties put in place when you ordered your shopping.
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I agree the contract is with deliveroo.
If you buy something off the amazon website, that is often being sold by a re-seller. If you have a problem, your go to amazon who sort it out not the person who is actually selling the product.
 
Mad Eyed Screamer said:
The carpet cleaner, plumber and decorator would - or should - have insurance to cover themselves and / or other folk / property that they are in, if they are responsible for accidents that happen.
The food delivery driver does not.
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Maybe Deliveroo should be covered too, like a Waitrose driver is if they had delivered the goods themselves.
 
johnny crossan said:
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.
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Deliveroo is acting as the agent for the delivery service, doing business on behalf of Deliveroo, not Waitrose…at least that’s how I read the words “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.” The “your” is the delivery service, not you. You are labelled as “the customer.”

The whole paragraph is about Deliveroo acting as the agent for the delivery service that actually brings you the groceries, and them taking the money from you, not the delivery services taking it from you.

Deliveroo will have a similar contract with Waitrose that ensures Waitrose gets the money collected, minus the agency & delivery fee.

In essence, it’s almost like you didn’t actually do business with Waitrose, but with Deliveroo. And, in turn, Deliveroo is a middle man market maker for Waitrose on one end and the actual delivery service on the other, if that makes sense?!

P.S. My legal training consists of reading what you wrote, watching LA Law, The Closer and Law & Order for the last 30+ years and sleeping at a Holiday Inn Express last night (although that might only be funny to Americans?!).

P.P.S. It is worth exactly what you paid for it. ;-)
 
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117 M34 said:
I agree the contract is with deliveroo.
If you buy something off the amazon website, that is often being sold by a re-seller. If you have a problem, your go to amazon who sort it out not the person who is actually selling the product.
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You are 100% wrong on postal deliveries, Amazon may step in on behalf of the supplier but your contract is with the retailer not them. OFCOM are quite clear about that. New regs from last year.

Also not the case on Deliveroo, if you have a problem with anything in the order - missing items, poor quality, allergens, bad subs etc etc - it's down to Waitrose to sort out directly with the customer.
 
ChicagoBlue said:
Deliveroo is acting as the agent for the delivery service, doing business on behalf of Deliveroo, not Waitrose…at least that’s how I read the words “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.” The “your” is the delivery service, not you. You are labelled as “the customer.”

The whole paragraph is about Deliveroo acting as the agent for the delivery service that actually brings you the groceries, and them taking the money from you, not the delivery services taking it from you.

Deliveroo will have a similar contract with Waitrose that ensures Waitrose gets the money collected, minus the agency & delivery fee.

In essence, it’s almost like you didn’t actually do business with Waitrose, but with Deliveroo. And, in turn, Deliveroo is a middle man market maker for Waitrose on one end and the actual delivery service on the other, if that makes sense?!
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Deliveroo take a 5 -1 lead and @gordondaviesmoustache is still asleep in the VAR room :-)
 
My mother passed away recently. She was renting a flat. Now she smoked heavily and the landlord is trying to charge me for replacing the carpets and decorating the flat.
Now, the carpets were hers as when she moved in the tenancy agreement stipulated carpets were not supplied. I have said I am happy to remove the carpets myself but don't see how they can charge for replacement. As for the decorating I have told them that was covered by the deposit.
Was wondering, legally, where they stand as any agreement was with my mother not me?
 
ChicagoBlue said:
That’s one of the things that makes it worth it! No payroll and no liability!
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They do insure their riders for all the time they are on the road, so they're covered for anything that happens to them - until they reach "your door". Interestingly they don't say which door - if it was our kitchen door rather than the front door the rider would be insured!
 
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richardtheref said:
My mother passed away recently. She was renting a flat. Now she smoked heavily and the landlord is trying to charge me for replacing the carpets and decorating the flat.
Now, the carpets were hers as when she moved in the tenancy agreement stipulated carpets were not supplied. I have said I am happy to remove the carpets myself but don't see how they can charge for replacement. As for the decorating I have told them that was covered by the deposit.
Was wondering, legally, where they stand as any agreement was with my mother not me?
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This thread could get supercharged now!!
Maybe we should have a Legal Help subforum :-)
 
johnny crossan said:
They do insure their riders for all the time they are on the road, so they're covered for anything that happens to them - until they reach "your door". Interestingly they don't say which door - if it was our kitchen door rather than the front door the rider would be insured!
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Here is some free legal advice, you just have to fill in the blanks.
As your mother no longer lives there ..... the windows, ..... the house and get the landlord to ..... .. ... insurance.

No need to thank me, just doing my job.
 
DiscoSteve said:
Sorry for your wife injuring herself, but here we have a great example of why this country is 'totaly f**ked' - why are you actually after compo?
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If you read my posts I've made it clear we're not after any compensation. Just trying to get Deliveroo to mend their ways and help those who ask for assistance carrying goods into their home. If not to persuade Waitrose to stop using them as a delivery partner or at least make Deliveroo tell folk about the restriction before they use their platform. My wife's back is getter better now thankfully.
 
Blue Mist said:
Here is some free legal advice, you just have to fill in the blanks.
As your mother no longer lives there ..... the windows, ..... the house and get the landlord to ..... .. ... insurance.

No need to thank me, just doing my job.
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I really am most grateful for you taking the trouble to answer my question, but I think the "mother, landlord, windows" problems are raised by @richardtheref ;-)
 
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