Supermarket Delivery Delay: A Guide to Compensation and a Free Downloadable Cease and Desist Letter

Does a courier delay constitute a technician delay under consumer protection law?

An amendment to the Consumer Protection Law extends the “Technicians’ Law” to food chains and other businesses delivering goods to consumers. While the law provides compensation for delayed or undelivered orders, specific conditions must be met. This article explains the Technicians’ Law, its scope, what constitutes a compensable courier delay, the possibility of exceeding statutory compensation, and the proper procedure for obtaining compensation. All answers and a free downloadable pre-litigation letter are available here.

What is the Technicians’ Law?

Amendment No. 24 to the Consumer Protection Law, enacted in 2008, is known as the “Technicians’ Law.” It establishes guidelines for businesses’ responsibility concerning sold products or provided services. This includes scheduling technician visits, acceptable delays, and compensation for delays.

The Technicians’ Law Applies to Grocery Deliveries

Amendment No. 55 to the Consumer Protection Law (Section 18a), enacted in 2017, broadened the Technicians’ Law’s scope. Section 18a(c)(1)(e) extends it to representative visits for “delivery of goods sold by the business.” This explicitly includes food chains.

Importantly, this isn’t limited to large chains; the law broadly applies if a business representative is to deliver a purchased product to the consumer’s home. This includes orders from toy stores, pet food suppliers, etc.

See the complete list of cases covered by the Technicians’ Law.

I requested delivery to my doorstep or workplace. Does the law still apply?

The law aims to “prevent consumers from waiting at home for extended periods.” However, it acknowledges unforeseen circumstances affecting couriers. A reasonable timeframe for delivery is expected.

In a 2019 statement, the Consumer Protection and Fair Trade Authority clarified that where the consumer is not required to wait at home (e.g., due to agreement for doorstep delivery, nearby store pickup, workplace delivery), the Technicians’ Law does not apply. The rationale is that the consumer is not required to wait at home.

However, courts have ruled that consumers may seek compensation for proven damages resulting from courier delays.

What Constitutes a Technician Delay?

According to Section 18a(c)(2) of the Consumer Protection Law, the waiting time for a technician/representative should not exceed two hours beyond the agreed-upon time. For example, if a visit is scheduled between 10:00 and 12:00, arrival after 14:00 entitles the consumer to compensation without proof of damages.

See the permitted visit times and limitations.

Compensation for Grocery Courier Delays

Delay of 2-3 hours: NIS 300 compensation without proof of damages.

Delay exceeding 3 hours: NIS 600 compensation without proof of damages.

Violation of telephone notification requirements: NIS 300 compensation without proof of damages.

See cases where alternative compensation may be offered.

Cases Where Compensation May Be Denied Despite Courier Delays

Amendment No. 55 to the Consumer Protection Law amended Section 18a(f), limiting exemptions from compensation:

1. The product is not primarily intended for personal, household, or family use (Section 1 of the Consumer Protection Law);
2. No delivery time was initially agreed upon, and the business did not require the consumer’s presence at home;
3. The delay resulted from circumstances unknown to the service provider at the time of scheduling, unforeseeable and unavoidable.

What if the Contract Specifies a Longer Waiting Time Than the Law Allows?

Such contractual clauses are **invalid**. Section 36 of the Consumer Protection Law states that its provisions supersede any conflicting waivers or agreements. Claims based on prior consent to delays will be rejected.

Obtaining Compensation Without Court Proceedings

Sending a pre-litigation letter demanding compensation is advisable. Consumers are not limited to statutory compensation; they may claim additional damages if proven. The letter should detail the incident and demand compensation, following proper procedures. The business may offer an alternative remedy, but the consumer has the right to refuse.

See a free downloadable sample pre-litigation letter here.

Filing a Small Claims Suit for Courier Delays

If compensation is refused, a small claims suit can be filed. As of 2024, the limit for small claims is NIS 38,900. Dino’s smart system provides a dynamic questionnaire designed by lawyers, specifically for technician delays. It also handles court fees and physical filing.

This innovative system streamlines the process, allowing online creation, file uploads, and automated appendix generation. A help wizard addresses procedural questions. The average time to generate a small claims suit is approximately 14 minutes, producing a court-compliant document.