Restaurant.com is forcing us to continue to accept their customer's coupons of $10, $25. off meals at our sole proprietorship restaurant, even after the month trial period we waited, claiming we have to wait 3 more months before they will stop selling coupons to our restaurant from their website. They say they will "take issue" if their customers tell them we did not accept their coupon. Coupons are coming only 1/3 new people, and mostly from our regular customers. We do not want to be on their website, we told them on March 15th over the phone, when they said we had to wait a month. Now, after April 15th, they say we have to wait 3 months. They are selling coupons to people who have already used one that month at our restaurant, even though they tell customers to not do that. They are robbing us blind, we are small sandwich greek grille, we can't afford the loss! Please can you help?
Country relating to Question: United States
State (if USA): North Carolina
To discuss with provider service phone person, to put in writing, and to threaten to call better business bureau on them.
You can simply stop accepting the coupons, and tell customers that they will have to contact the vendor for a refund. The coupon vendor may sue you for a breach of the affiliation contract, but your defense would be that the vendor abused the contract, and that it was driving you out of business. This is known as the doctrine of commercial impracticability, and it permits a court to discharge you from the contract without further liability. Hope this helps. NOTICE: My goal here is to entertain while educating the public about the law. Your positive feedback to the website is appreciated. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!
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