Just want to sell a good meal, but encountered the dilemma of 'gods fight, merchants suffer'.
Recently, some netizens posted on the Chinese business forum and reported that his restaurant was forcibly offline by the "hungry" platform because they did not listen to the suggestions of the "hungry" staff to get it off the shelf from the "meituan". It is understood that seven shops in the east large area of Xi'an high tech Zone alone were asked to take off the shelves of meituan.
The merchant did not uninstall 'meituan' and shut down the merchant takeout platform
More than a month ago, Xiaodong opened a restaurant in Dongda village, high tech Zone, Xi'an. In addition to diners eating in the restaurant, he also provided takeout services on the two platforms of "hungry" and "meituan".
When the store was just opened, Xiaodong's restaurant only provided takeout on the 'meituan' platform. Because there are colleges and universities nearby, his store can sell more than 50 orders through 'meituan' takeout every day, increasing a lot of income.
"If you're hungry, we'll give you a subsidy. How much profit you make, how much we subsidize." More than ten days ago, the 'hungry' staff came to find Xiaodong. After hearing this, Xiaodong and his family thought it was a good thing, so their store was also launched on the 'hungry' platform.
Indeed, because there are subsidies, there are more than 100 orders on the "hungry" platform one day. Xiaodong is also glad to choose more platforms and more opportunities. However, ten days later, he encountered an incredible thing so far: the store was forced off the line by "hungry" during a noon meal peak!
"He once called us to quit the meituan. We didn't take it seriously." Afterwards, Xiaodong recalled that the person in charge of the "hungry" East large area once said on the phone that if he did not quit the "meituan" he would take measures, and the offline of the store from the platform was what he called the measure.
'hungry' and 'meituan' can only choose one from the other? This makes Xiaodong wonder how such a thing can happen under the market competition. He also heard that he was not alone in this situation at Dongda.
"Gods fight, merchants suffer." Speaking of this, Xiaodong was a little helpless. He found on the Internet that this behavior of "hungry" also occurred frequently in other provinces and cities, violating the anti unfair competition law and e-commerce law, and the regulatory authorities of other provinces and cities have also punished this behavior.
'hungry': the merchant has resumed online
Huashang.com reporter saw from the contract information sent by the shopkeeper Xiaodong that the contract between the shop and the 'hungry' platform is valid for 12 months. There is no information in the contract that the shop can only sign a 'hungry' takeout platform.
For the default behaviors mentioned in the contract, such as jumping orders and flying orders that will be closed, Xiaodong also repeatedly said that he can't receive the orders of "hungry" normally. He's too busy. How can he have the energy to do other useless work?
Since there is no breach of contract, why is the store closed? As Xiaodong said, is it a platform 'pinch'? The reporter of huashang.com immediately contacted the person in charge of the "hungry" East large area, that is, Mr. Guo, who operated the online closing of Xiaodong store, but Mr. Guo said he didn't understand the situation and hung up in a hurry.
During the period when the reporter of huashang.com learned about the situation, Xiaodong received a phone call: 'are you hungry?' the platform has put his store online again.
Subsequently, the reporter confirmed from the relevant staff of the 'hungry' Shaanxi region that Xiaodong's store on the 'hungry' platform has been restored to the line. As for why this situation was caused, the staff member explained that Mr. Guo, the person in charge of Dongda, arrived at his post at the beginning of this month and did not know much about the situation. There may be some problems in communication.
'meituan ': seven stores have been asked to get off the shelves of' meituan ', and evidence is being collected
The problem of Xiaodong shop is settled. What do you think of meituan, the other side of the "fairy fight" Seven have been asked to get off the meituan, and five of them have retired. " After the incident, huashang.com reporter learned from the person in charge of the east large area of the 'meituan' that the problems reflected by Xiaodong do exist. They are already collecting evidence and preparing to protect their rights through legal channels.
Zhao Xiaodong, a lawyer of Shaanxi Haogong law firm, believes that both parties to the contract need to perform in accordance with the contract in any case. When the agreement between the two parties is very clear, one is the agreed termination and the other is the legal termination. If one party's breach of contract causes damage to the other party, it needs to be compensated in accordance with the contract. In this case, if the shopkeeper feels that his behavior of "hungry" has caused losses to his business, he can claim compensation from the other party.
'for' hungry 'requiring merchants to take' meituan 'off the shelf, violators will directly close the store,' hungry 'not only disrupts the market order, but also damages the interests of merchants and deprives consumers of the right to choose.' Lawyer Zhao Xiaodong believes that the market supervision department should investigate and deal with such unfair competition.