Purchase a cute pet in a pet store, but there was a problem with the pet less than a week after purchase
Even if you even die
This pet is called "week pet" on the Internet
Recently, Xiao Zhang bought a "week dog"
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Case Summary In August 2023, Xiao Zhang bought a puppy at a pet store for 1,100 yuan. On the night of the transaction, Xiao Zhang took the puppy to the pet hospital for examination. The test result was that the dog's small/coronal second couplet (CCV/CPV) was soft-yang. Xiao Zhang bought medicines for the puppy online and took the puppy to two pet hospitals for treatment. On the seventh day of purchasing the puppy, the puppy died due to ineffective treatment. Xiao Zhang paid 4,887 yuan in treatment for this.
The puppy was already ill when he was in a pet store. The pet store concealed the major fact that the puppy had been infected with parvovirus during the transaction and deceived me that the puppy had received a shot of the vaccine, which constituted a serious breach of contract. I asked the pet store to refund the puppy purchase fee and pay triple compensation, and also pay for the puppy treatment fee and my mental loss fee.
I promised Xiao Zhang that if the pet dog you purchased could be refunded if it found a problem on the same day, but Xiao Zhang found the physical examination agency for a physical examination on his own and did not communicate with me in time. Therefore, Xiao Zhang should bear the relevant expenses.
case trial
Xiqing Court held that the contract established in accordance with the law is legally binding on the parties
01 For purchase fees
According to the provisions of my country's "Animal Epidemic Prevention Law", operators of live animals who sell live animals should fulfill their quarantine obligations in accordance with the law when delivering the live animals they sell.
The pet store sells the dog involved to Xiao Zhang without obtaining the quarantine certificate issued by the animal health supervision agency. It constitutes a defective performance and shall 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 one week after purchase, so 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 cost of 1,100 yuan for purchasing the dog.
02 Regarding treatment fees, according to the provisions of my country's "Consumer Rights Protection Law": "If consumers suffer personal or property damage due to purchasing, using goods or receiving services, they shall enjoy the right to obtain compensation in accordance with the law." The evidence submitted by Xiao Zhang can prove that he spent a total of 4,887 yuan in treatment fees for a sick dog. The above expenses are economic losses caused by the breach of contract by the pet store and should be compensated.
03 The agreement on "refund only on the same day"
The agreement on "refund only on the same day" of pet stores excludes the legitimate rights and interests of consumers and exempts the operator's liability, which is an invalid clause. After Xiao Zhang found that the dog was infected with the virus, he contacted the pet store customer service via WeChat in a timely manner and notified him by phone, and had fulfilled the buyer's obligation to notify quality defects, and his behavior was not improper.
04 The pet store is not a professional pet diagnosis and treatment institution. It cannot make a professional judgment on whether the pets sold carry pathogenic bacteria. Xiao Zhang argues that the pet store has subjective intention of fraud, and the basis is insufficient, and his appeal for triple compensation will not be supported.
05 For mental loss expenses, Xiao Zhang's claim for compensation for mental loss is lacking sufficient facts and legal basis, and he does not support it. The final court ruled that the defendant pet store refunded the pet dog 1,100 yuan purchase fee and paid the dog treatment fee of 4,887 yuan, as the pet consumer market continues to expand, various market chaos emerges one after another. There are more and more disputes arising around pet health issues. The judge here reminds consumers here to choose a regular merchant.
When purchasing pets, choose regular merchants with complete certificates and good reputations as much as possible.
2.Pule your eyes and be vigilant.
When purchasing pets, pay attention to the health of the pets and check whether the operator can provide quarantine certificates and other materials to avoid economic losses caused by purchasing pets with health problems.
3. Pay attention to preserving evidence.
Retain evidence such as sales contracts, bills, chat records involving merchant commitments, etc. in order to better protect one's own rights and interests.
At the same time, pet store operators should also adhere to the principle of integrity
strictly abide by the Animal Epidemic Prevention Law and other relevant legal provisions
Provide pets with necessary health monitoring
Equipment relevant health certificates
Do not "knowing the disease and selling diseases"
Avoid facing legal risks of punitive damages
Civil Code of the People's Republic of China
Article 577 If one party fails to perform contractual obligations or performs contractual obligations inconsistent with the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Article 49 of the "Animal Epidemic Prevention Law of the People's Republic of China"
Before slaughtering, selling or transporting animals and selling or transporting animal products, the cargo owner shall declare quarantine to the local animal health supervision agency in accordance with the provisions of the agricultural and rural authorities of the State Council.
"Consumer Rights Protection Law of the People's Republic of China"
Article 11 If consumers suffer personal or property damage due to purchasing, using goods or receiving services, they shall enjoy the right to obtain compensation in accordance with the law.
Article 23: The operator shall ensure that the goods or services provided by them shall have the quality, performance, purpose and validity period when they are used normally or accepting services; except where consumers already know that there are defects before purchasing the goods or accepting the services, and that the defect does not violate the mandatory provisions of the law.