7 ms·

And he honored this contract. He paid $16 for each pizza, just as Doordash offered. The fact that Doordash was selling pizzas for a loss was Doordash's problem,

by not2b 4y ago

And he honored this contract. He paid $16 for each pizza, just as Doordash offered. The fact that Doordash was selling pizzas for a loss was Doordash's problem, not his.

MichaelCollins 4y ago
> And he honored this contract. I don't know, what does the TOS actually say? The app's TOS might say something like "you can't use this app to order food from a business you own", or something else that might forbid this scheme. Maybe it doesn't though, I don't know and haven't read it, but I think it could.
- rideontime 4y ago
  I have no reason to believe the TOS contains a clause like that.
  - chrisseaton 4y ago
    I’d argue it’s clearly a ‘nuisance’, which is prohibited by the TOS.
- deleted 4y ago
  [deleted]
- jsmith45 4y ago
  There is one Term that is probably applicable, but this was certainly not the case they were anticipating when they wrote the term: > (f) You will not use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Merchant, User or Contractor, unless DoorDash has given you prior permission to do so in writing. This hinges on if trying to make money by using the service as a consumer counts as commercial use. But you can tell they were thinking about very different scenarios when they wrote this term.
- Kaibeezy 4y ago
  If you access any of our websites (or other methods) … you have read, understand, and agree to be bound by this Agreement - https://help.doordash.com/consumers/s/terms-and-conditions-us?language=en_US https://help.doordash.com/consumers/s/terms-and-conditions-u... The T&C attempts to bind “merchants” to the “Self-Delivery Product Addendum”, which states: Merchant shall ensure that pricing of Merchant Products under the PickUp Program is not greater than the pricing of the same Merchant Products for pickup (a) in-store - https://help.doordash.com/merchants/s/us-addendum-self-delivery?language=en_US https://help.doordash.com/merchants/s/us-addendum-self-deliv... So it’s expressly prohibited. But are they bound to the additional merchant provisions if they never signed up to be a merchant?
  - LegitShady 4y ago
    Of course not. He’s not acting as a merchant when he orders pizza from himself on Doordash and can’t be bound by contract terms he never agreed to. Doordash didn’t ask him to sell pizzas on doordash, they decide to list his products themselves below cost. He doesn’t have an agreement with them except as anyone else ordering food from doordash, or doordash ordering food from him as anyone else could. Doordash doesn’t bind him contractually any way here.
    - Kaibeezy 4y ago
      Uh huh. There’s also this in the T&C: You will not use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Merchant, User or Contractor, unless DoorDash has given you prior permission to do so in writing. the pizza shop owner used it for the commercial purpose of selling pizza to himself. In English law, if it’s dishonest, it’s fraud. The pizza shop owner’s conduct was plainly dishonest by the standards of “ordinary decent people”. Where was this, anyway? What’s the local standard? Probably a variation of exactly the same. I like DoorDash’s chances on this.
      - hansoolo 4y ago
        Then you are a real advocate for predatory marketing or doordash or you are just a pedant...
- jaywalk 4y ago
  I just scanned through the TOS. The only thing I could find that's related to this at all is a clause saying that you won't submit a review or rating "for any Merchant or business for which you have an ownership interest, employment relationship or other affiliation or for any of that company’s competitors" Nothing about not ordering from your own business.
- brewdad 4y ago
  I feel like such a clause, even if somehow enforceable, could easily be worked around. The owner's child could place the order. Or the owner's spouse. Or a close friend. Clearly the better option for Doordash is to simply not engage in predatory pricing to begin with.
  - Kaibeezy 4y ago
    Still probably fraud since done with intent.

by not2b 4y ago

And he honored this contract. He paid $16 for each pizza, just as Doordash offered. The fact that Doordash was selling pizzas for a loss was Doordash's problem, not his.

MichaelCollins 4y ago

> And he honored this contract. I don't know, what does the TOS actually say? The app's TOS might say something like "you can't use this app to order food from a business you own", or something else that might forbid this scheme. Maybe it doesn't though, I don't know and haven't read it, but I think it could.

rideontime 4y ago
I have no reason to believe the TOS contains a clause like that.
- chrisseaton 4y ago
  I’d argue it’s clearly a ‘nuisance’, which is prohibited by the TOS.
deleted 4y ago
[deleted]
jsmith45 4y ago
There is one Term that is probably applicable, but this was certainly not the case they were anticipating when they wrote the term: > (f) You will not use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Merchant, User or Contractor, unless DoorDash has given you prior permission to do so in writing. This hinges on if trying to make money by using the service as a consumer counts as commercial use. But you can tell they were thinking about very different scenarios when they wrote this term.
Kaibeezy 4y ago
If you access any of our websites (or other methods) … you have read, understand, and agree to be bound by this Agreement - https://help.doordash.com/consumers/s/terms-and-conditions-us?language=en_US https://help.doordash.com/consumers/s/terms-and-conditions-u... The T&C attempts to bind “merchants” to the “Self-Delivery Product Addendum”, which states: Merchant shall ensure that pricing of Merchant Products under the PickUp Program is not greater than the pricing of the same Merchant Products for pickup (a) in-store - https://help.doordash.com/merchants/s/us-addendum-self-delivery?language=en_US https://help.doordash.com/merchants/s/us-addendum-self-deliv... So it’s expressly prohibited. But are they bound to the additional merchant provisions if they never signed up to be a merchant?
- LegitShady 4y ago
  Of course not. He’s not acting as a merchant when he orders pizza from himself on Doordash and can’t be bound by contract terms he never agreed to. Doordash didn’t ask him to sell pizzas on doordash, they decide to list his products themselves below cost. He doesn’t have an agreement with them except as anyone else ordering food from doordash, or doordash ordering food from him as anyone else could. Doordash doesn’t bind him contractually any way here.
  - Kaibeezy 4y ago
    Uh huh. There’s also this in the T&C: You will not use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Merchant, User or Contractor, unless DoorDash has given you prior permission to do so in writing. the pizza shop owner used it for the commercial purpose of selling pizza to himself. In English law, if it’s dishonest, it’s fraud. The pizza shop owner’s conduct was plainly dishonest by the standards of “ordinary decent people”. Where was this, anyway? What’s the local standard? Probably a variation of exactly the same. I like DoorDash’s chances on this.
    - hansoolo 4y ago
      Then you are a real advocate for predatory marketing or doordash or you are just a pedant...
jaywalk 4y ago
I just scanned through the TOS. The only thing I could find that's related to this at all is a clause saying that you won't submit a review or rating "for any Merchant or business for which you have an ownership interest, employment relationship or other affiliation or for any of that company’s competitors" Nothing about not ordering from your own business.
brewdad 4y ago
I feel like such a clause, even if somehow enforceable, could easily be worked around. The owner's child could place the order. Or the owner's spouse. Or a close friend. Clearly the better option for Doordash is to simply not engage in predatory pricing to begin with.
- Kaibeezy 4y ago
  Still probably fraud since done with intent.