A request for a class action was filed against Domino's Pizza in the District Court in Tel Aviv, in the amount of more than NIS 2.5 million. The request for a lawsuit, on behalf of Assaf Cohen, was submitted due to the collection of shipping fees contrary to the terms of use.
A year and a half ago, the Domino's Pizza chain began to charge for deliveries, which until then were offered for free.
In the application, it is claimed that the shipping fees are charged contrary to the terms of use appearing in the application and on the website, which the consumer is required to confirm by marking "V" when he registers for the service.
The claim is that Domino's is breaking the agreement with the consumer.
Shipping fees on the order contrary to the terms of use.
Domino's Pizza branch (archive), photo: Bar Cohen
Surprise: 12 additional shekels at the checkout
In the request brought by Attorney Cohen, it is claimed that throughout the entire order process, Domino's allegedly hides the fact that the order involves paying a shipping fee of NIS 12, and this fact is revealed to the consumer only on the payment screen, which is the last screen in the order process, i.e. - at the checkout.
In the test we conducted, it can be seen that users who order on the website via computer do indeed see the request to pay the shipping fee at the beginning of the process.
However, it can be assumed that most consumers order pizza via mobile, whether on the website or in the app.
In the conditions of use of the application it is written: "The company does not charge shipping fees in addition to the price of the product as published on the website".
In the terms of use of the website via mobile it is written: "The company does not charge delivery fees".
Submitted the request for a lawsuit.
Adv. Assaf Cohen, photo: Doron Letzer
Invite and practice
In the lawsuit, it was described how Domino's allegedly hides the fact that the order involves a fee.
According to the request, when you enter the application or website and are required to choose whether you want to order delivery or self-collection, it is not made clear that delivery requires payment of delivery fees.
Even later, the prices of the products in the menu are shown without shipping fees.
In doing so, according to the petitioners, Domino's allegedly violates the provisions of the Consumer Protection Law, which requires it to publish the "total price" of the product, which is the price that includes all the extras that the consumer cannot avoid paying.
Also, since shipping fees are hidden throughout the ordering process, many consumers do not notice that they are charged shipping fees.
In doing so, Domino's allegedly misleads consumers.
Until a year and a half ago, the situation was different.
Domino's Pizza (archive), photo: Bar Cohen
In the request for a lawsuit, it is stated that the claim is getting stronger and sharper in light of the fact that during its decades of activity in Israel, Domino's did not charge delivery fees, and it only started doing so about a year and a half ago, so that the consumer "got used" to not paying delivery fees - and anyway, in the absence of any clear indication, Assumes no change in policy.
Domino's Pizza responded: "We received the request for approval of a class action, we will study it and respond accordingly in court."
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