Your analogy is entirely backwards. It should be, you order a pizza. The fellow comes to deliver it. You don't have any cash, so want to pay by credit card, but the delivery guy's card reader is broken. So, you don't pay him, but still take the pizza. The delivery guy calls the authorities, and you're charged with theft. You argue that the pizza should be free since the delivery guy gave you no way of paying for the pizza. The authorities disagree, and rightly state that notwithstanding the broken payment system, you've taken the service without paying, when you should have simply declined the service and bought your pizza elsewhere with your credit card.