The Misadventures of Antonio and the Malodorous Noodles

Antonio’s evening was a scene straight out of a modern-day odyssey. There he was, battle-weary from the day’s toil, while the skies unleashed a feline-canine downpour of epic proportions. Venturing out for sustenance was a knight’s errand he was not willing to embark upon. No more would the siren call of instant noodles lure him; it was time for the sweet serenade of takeaway.

With a few swipes on his trusty steed, the Hangry Shark app, Antonio was a culinary Columbus, navigating a sea of eateries. His gastronomic compass pointed to the exotic lands of beef noodles from Xinjiang—a dish that promised to be the balm to his growling inner beast.

As the dystopian tales of ‘Black Mirror’ flickered before him, his anticipation for the noodle nirvana grew. But then, like an unexpected plot twist, his doorbell chimed, revealing a delivery hero braving the aqueous onslaught.

With gratitude for the convenience, Antonio greeted his feast. Yet, upon unveiling his prized noodles, he was met not with the warm embrace of beefy goodness, but a nasal assault from the pungent stench of culinary decay. Mold on his noodles? A tragic twist indeed!

Indignation bubbled within him. Thirty minutes of waiting, only to be served a dish fit for a penicillin factory? This would not stand. With a detective’s fervor, Antonio sought the noodle shop’s contact details—alas, they were as elusive as a noodle in a haystack.

Resolved to rectify this fiasco, Antonio dialed the valiant Hangry Shark customer service, only to be met with a response as cold as his soggy, spoiled supper. The Hangry Shark, it seemed, had no teeth for this battle.

“But why are you calling us? Did we cook you the noodles?” the voice on the other end questioned, washing their hands clean of the noodle nightmare.

Antonio, steadfast in his quest for justice, demanded the vendor’s contact, only to be rebuffed with a suggestion to embark on an internet odyssey in search of the elusive number. The Bronze Age quip was the last straw.

So, what’s a hungry, wronged Antonio to do?

 

Law In A Minute

You might be scratching your head, pondering why Hangry Shark should bear any responsibility for the noodle fiasco when they didn’t whip up the dish themselves. After all, they’re just the digital middleman, not the chef behind the beef noodles.

Ever stumbled upon the term “Privity of Contract”? Let’s break it down. When Antonio taps his order into existence, he’s essentially sealing a deal with the noodle shop. This isn’t some arcane ritual; it’s as everyday as grabbing your morning cup of joe from Starsucks—informal, yes, but still a contract. “Privity of contract” is the legal lingo that means contracts are a private affair, binding only those who sign up for the dance.

So, the contract tango is strictly between Antonio and the noodle purveyor, not any bystanders. Imagine suing someone else because your fruit vendor sold you waxed apples masquerading as the real deal. Absurd, right? That’s Hangry Shark’s line of thinking—they’re not the ones spooning out the noodles, so the mold mystery isn’t theirs to solve.

However, twist the kaleidoscope and behold Food Safety law—a different color pattern emerges. It says that virtual food couriers like Hangry Shark must do their homework, ensuring their culinary consignees are up to snuff. Should a vendor serve up subpar fare, Hangry Shark is duty-bound to help the diner defend their rights.

This law also insists that Hangry Shark must dish out the full recipe of the vendor’s identity—real name, address, and a working contact number. If Hangry Shark fails the test, they step into the shoes of the noodle shop and must foot the bill for the customer’s misfortune. So, if Hangry Shark decides to play hide-and-seek with the noodle shop’s contact details, they might just have to write Antonio a check for his botched beef noodles.

 

Legal Basis

Food Safety Law

Article 62

The provider of a third-party online food trading platform shall register the legal names of food traders admitted to the platform and define their food safety management responsibilities; and check the permits of those that are required to obtain permits.

Article 131

Where the provider of a third-party online food trading platform, in violation ofthis Law, fails to register the legal name of food traders admitted to the platform or examine their permits, or fails to fulfill its obligations such as reporting and ceasing providing online trading platform services, the food and drug administrative department of the people’s government at or above the county level shall order it to take corrective action, confiscate its illegal income, and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan on it; if there is any serious consequence, it shall be ordered to cease operations, or its permit shall be revoked by the original permit-issuing department; and if any damage is caused to the lawful rights and interests of consumers, it shall assume joint and several liability with the food trader.