Driver took my package, Uber refuses to refund

I ordered a R670 cake from Chateau Gateaux - Sandton City which is only 1.7 km from my work place (delivery address)

When the driver got my work place they called once and I missed their call, when I was trying to call them back several times they did answer their phone. I work in the third floor of our building and I was calling whilst I was coming down to pick up the order. They continue not to pick up their phone or call me back. When I arrived at the gate the driver had left with the cake which was for a colleagues office birthday celebration.

- They did not make a reasonable effort for us to communicate. - They could have left the package at the gate with security who was present. - They could have left the package at the reception. - The could have left the package at the mailing room. - They could have returned the package to the merchant which is only 1.7 km away. - They took a picture of the cake which was clearly situated in their motorcycle's packages containment box. - Marked the order as delivered and left with the cake which cost R670. - In my opinion, they premeditated the actions they took with my package.

I logged the issue with Uber eats on their App and explained the situation, below is the response I received:

We're sorry to hear about the confusion regarding your order from Chateau Gateaux, Sandton City. I understand that you are concerned about the status of your order after it was not delivered to your address. Unfortunately, since the delivery partner marked the order as completed, it is not eligible for a refund. However, Irecommend checking with the merchant directly to see if the order was returned to them for collection

Thank you for your understanding and patience, If you have any further questions, please feel free to reach out. We're here to help.

I have since been trying to follow up as Uber eats had said they will do a final review of the situation, this was two days ago - I still do not have a response, a cake, or my money back.

This is very disappointing.