In recent years, the "pet economy" has been heating up. Many young people have joked that "having both cats and dogs" is one of the signs of becoming a "winner in life." Xiaomei (pseudonym), a girl from Hangzhou, has always wanted to keep a pet dog. The compact Yorkshire Terrier is her favorite.
At the end of 2021, Xiaomei saw an advertisement on a second-hand trading platform. A pet store in Hangzhou was selling a Yorkshire pet dog with a very cute appearance. Xiaomei immediately went to the store and paid 7,180 yuan to take the pet dog home.
During the transaction, the store clerk made a verbal promise in person that if two highly infectious diseases, canine distemper and parvovirus, occur within 15 days of purchase, the pet store will bear full responsibility. In the subsequent communication between the two parties, the clerk once again informed the situation through WeChat.
The next day, Xiaomei took her pet dog for a physical examination. The results showed that the dog suffered from "microconidia infection" skin disease. There was a lot of dandruff on the skin after shaving and required hospitalization.
Xiaomei reported the situation to the pet store, and the store said there was no need to be hospitalized, and the store could provide treatment and care. So, Xiaomei sent the pet dog and the medicine prescribed by the hospital to the pet store.
Then, Xiaomei learned that "microconidia infection" is a zoonotic infectious disease and is prone to recurrence. She was worried about affecting the health of her family. Xiaomei hoped that the pet store would "return and refund" .
The pet store said that after careful maintenance and medication according to the doctor's instructions, the pet dog currently has no obvious symptoms of skin disease, and the skin disease does not fall within the scope of the pet store's responsibility as agreed by both parties, and does not agree to return or refund .
For this matter, the two parties have been negotiating to no avail, and time has been delayed. In desperation, Xiaomei sued the pet store to the Qiantang District People's Court, demanding a refund of the purchase price and compensation of more than 1,400 yuan for examination and medical expenses. Yuan.
After hearing, the court held that Xiaomei, as a consumer, purchased pets from a pet store, and the relationship between the two parties was a sales contract. In the process of fulfilling the sales contract, the pet store should deliver to the consumer pets whose health status, breed, gender, etc. are in line with the agreement between the parties.
In this case, although the two parties did not make an explicit agreement on the health status of the pet, according to common sense and trading habits, the pet dog purchased by the consumer from the pet store should be in good health. However, based on the test time, test report and photos of the pet dogs from the pet hospital, it can be determined that the pet dogs involved in the case were already suffering from the skin disease "microconidia infection" and were in poor physical condition when they were sold.
As a merchant with corresponding business qualifications and specializing in the sale and service of pets and related supplies, pet stores must truthfully report the health status of the pets they sell. The pet store delivered the pet without confirming whether the dog was in good health, and did not truthfully inform Xiaomei that the dog had fungal infections, skin diseases, etc. According to the pet hospital’s medical advice and medical common sense, fungi were Possibility of infecting people.
Therefore, the pet store has improperly performed the contract and should bear liability for breach of contract. A few days ago, the court ordered the pet store to return 7,180 yuan and compensate Xiaomei for the medical expenses she incurred.
The judge reminded: Unlike ordinary sales transactions, when consumers purchase pets, most people hope that pets can provide emotional value such as daily companionship. Therefore, the pet’s health, appearance, mental state, etc. are the most important factors for consumption. areas of particular concern. In order to avoid transaction disputes arising from pet health issues, the judge suggested that if consumers intend to purchase, it is best to go to the store for the transaction, or adopt the transaction model of "online prepayment + pay the balance in store". At the same time, it is best for both parties to Specify the specific situation in the contract or other documents, and keep communication records between the two parties.
Both parties should carefully check the pet’s health and mental state before and after the transaction. If consumers find that pets have health problems, they should communicate with the pet store in time. If communication fails, they can also report the situation to industry associations and regulatory authorities, or apply for mediation to the "Shared Court" to avoid missing the "golden time" for rights protection.