Purchasing a cute pet in a pet store

But less than a week after purchase

The pet has problems

Even died< /p>

This kind of pet is called "weekly pet" on the Internet

Recently

Xiao Zhang bought one " "Zhou Dog"

......

Brief description of the case

August 2023

Xiao Zhang bought a pet in a pet store for 1,100 yuan

Purchased a puppy

On the night of the transaction

Xiao Zhang took the puppy to the pet hospital for examination

The test result was Canine Parvovirus/CPV (CCV/CPV) Weak Yang

Xiao Zhang bought medicines for the puppy online, and took the puppy to two pet hospitals for treatment. The seventh time he bought the puppy One day, the puppy died due to ineffective treatment. Xiao Zhang paid 4,887 yuan for treatment.

The puppy was already sick when he was in the pet store. The pet store concealed the important fact that the puppy was infected with parvovirus during the transaction and deceived me that the puppy had been vaccinated, which constituted a serious breach of contract. I asked the pet store to refund the purchase price of the puppy and pay triple compensation, as well as pay for the puppy's treatment and my mental damages.

I promised Xiao Zhang that the pet dog I purchased could be returned if any problems were found on the same day. However, Xiao Zhang found a physical examination institution for a physical examination on his own and did not communicate with me in time. Therefore, the relevant expenses should be borne by Xiao Zhang himself. bear.

Case hearing

After hearing the case in accordance with the law, the Xiqing Court held that

A contract established in accordance with the law

is legally binding on the parties

01 Regarding purchase fees

According to the provisions of my country’s Animal Epidemic Prevention Law, operators of live animal sales should perform quarantine obligations in accordance with legal provisions when delivering the live animals they sell.

The pet shop sold the dog involved in the case to Xiao Zhang without obtaining a quarantine certificate issued by the animal health supervision agency, which constituted defective performance and should bear civil liability. The dog was detected to be infected with the virus on the day of the transaction and obviously did not meet the corresponding quality requirements. The dog died of illness within a week of purchase. Therefore, the pet store constituted a fundamental breach of contract.

Because the dog purchased by Xiao Zhang has died and the purpose of the contract cannot be achieved, he has the right to request the pet store to refund the 1,100 yuan purchased for the dog.

According to the provisions of my country's "Consumer Rights and Interests Protection Law": "Consumers who suffer personal or property damage due to purchasing or using goods or receiving services shall have the right to obtain compensation in accordance with the law." The evidence submitted by Xiao Zhang can prove that The total cost of treatment for the sick dogs was 4,887 yuan. The above expenses were economic losses caused by the pet shop’s breach of contract and should be compensated.

03 Regarding the agreement of "guaranteed return only on the same day"

The agreement of "guaranteed return only on the same day" in a pet store excludes the legitimate rights and interests of consumers and exempts the operator from liability, which is invalid. terms. After Xiao Zhang discovered that the dog was infected with the virus, he promptly contacted the pet store customer service through WeChat and informed him by phone. He had fulfilled the buyer's obligation to notify the dog of quality defects and his behavior was not inappropriate.

04 Regarding triple compensation

Pet shops are not professional pet diagnosis and treatment institutions, and they cannot make professional judgments on whether the pets sold carry pathogenic bacteria. Xiao Zhang advocates that pet shops are subjective There was intentional fraud and insufficient basis. Therefore, his request for triple compensation will not be supported.

05 Regarding mental damage compensation

Xiao Zhang’s claim for mental damage compensation lacks sufficient factual and legal basis and will not be supported

Final

Court decision

The defendant pet store returned the Pet dogs

Purchase cost 1,100 yuan

And pay 4,887 yuan for dog treatment

With the continuous expansion of the pet consumer market

Various market chaos is emerging

There are more and more disputes surrounding pet health issues

There are also more and more disputes

The judge here reminds consumers

1. Choose a regular merchant.

When purchasing pets, try to choose regular merchants with complete licenses and good reputations.

2. Keep your eyes open and be vigilant.

In the process of purchasing a pet, pay attention to the health of the pet and check whether the operator can provide quarantine certificates and other materials to avoid financial losses caused by purchasing pets with health problems.

3. Pay attention to preserving evidence.

Keep sales contracts, bills, chat records involving merchant commitments and other evidence to better protect your own rights and interests.

At the same time

Pet shop operators

should also adhere to the principle of good faith

Strictly abide by the Animal Epidemic Prevention Law and other relevant legal regulations

Provide necessary health monitoring for pets

Equip relevant health certificates

Don’t “know the disease and sell it”

Avoid facing punitive damages Legal Risks

"Civil Code of the People's Republic of China"

Article 577 If one party fails to perform its contractual obligations or the performance of its contractual obligations does not comply with the agreement, it shall bear the responsibility to continue to perform and take any necessary measures. Liability for breach of contract such as remedial measures or compensation for losses.

"Animal Epidemic Prevention Law of the People's Republic of China"

Article 49 Before slaughtering, selling or transporting animals and selling or transporting animal products, the owner of the goods shall follow the regulations of the agricultural and rural administration department of the State Council. It is stipulated to declare quarantine to the local animal health supervision agency.

"Consumer Rights and Interests Protection Law of the People's Republic of China"

Article 11 If a consumer suffers personal or property damage due to purchasing or using goods or receiving services, he or she shall be entitled to compensation in accordance with the law. right.

Article 23 Operators shall guarantee the quality, performance, purpose and validity period of the goods or services they provide under normal use of goods or receipt of services; however, when consumers purchase the goods or services Exceptions are made if the goods or services are already known to be defective before receiving the service, and the existence of the defects does not violate mandatory provisions of the law.