The young people who work in the home to relieve the pressure of the dog At present, keeping pets is not only social fashion, but also the emotional sustenance of more and more families.
the growing pet craze and the gradually expanding pet consumer market have also given birth to a lot of chaos. “Excrement removing officials” must keep their eyes open and guard against being cheated.
on April 12 this year, Mr. Liu bought a two month old Labrador in a pet store in Ningbo. Unexpectedly, less than two days home, the little Labrador began to have diarrhea. Frightened Mr. Liu rushed it back to the store for testing, the results showed that there was no virus infection.
after that, the shopkeeper gave medicine and made an anthelmintic treatment, and the condition of little Labrador improved temporarily. But not a few days later, began to vomit and diarrhea, and even appeared bloody stool.
Mr. Liu immediately sent it to a special pet hospital for further examination. On April 22, little Labrador was diagnosed with parvovirus infection. Unfortunately, after receiving treatment, the dog has a poor prognosis, is becoming thinner and in a very poor mental state.
as his condition deteriorated, Mr. Liu had to make a choice. On April 27, with the consent of Mr. Liu, the hospital euthanized the little Labrador.
the sudden illness and death of Labrador made Mr. Liu unable to let go. It is understood that the dog’s small disease is a highly contagious infectious disease, which has a high infection rate, high incidence rate and high lethality rate. The incubation period is usually 7-14 days.
has little Labrador been infected in the store? After thinking about it, Mr. Liu decided to ask for an explanation from the pet store. However, the shop owner thought that the pet dog was in good health at the time of sale, and after the first cure of diarrhea, his eating and defecation were normal, and then infected with parvovirus may be due to Mr. Liu’s poor care, so he did not agree to compensation or refund.
in the court trial, the pet shop said that if the dog was found to be infected with canine distemper or small within 7 days, it would be unconditional to refund or replace the dog. Mr. Liu’s Labrador was diagnosed with infection 10 days after purchase, which has exceeded the guarantee period agreed in the contract, so they do not agree to bear corresponding responsibilities. However, Mr. Liu objected to the so-called “7-day guarantee period” by the shop owners, believing that the time was too short.
Finally, because the defendant did not provide relevant evidence such as the sales contract to prove, the court did not accept his reply opinion of “7-day guarantee period”, determined that the reasonable protection period should not be less than 15 days, and finally ruled that the defendant’s pet shop should return all pet money to the plaintiff. After the sentence was pronounced, neither the plaintiff nor the defendant appealed. At present, the judgment of the case has come into effect.
puppies are living goods. When consumers buy puppies as pets, they usually have corresponding emotional benefits in the breeding process. To achieve this goal, the premise is that the dogs can grow healthily. The health status of puppies is a key indicator affecting the purpose of the contract. The commercial operators should be responsible for the time and space of the infected dogs to ensure the quality of the infected dogs.
in this case, the defendant did not object to the warranty obligation of selling puppies, but believed that the guarantee period was 7 days. However, he did not provide evidence to prove this claim, so he did not accept it and was deemed as no time limit. Considering that the incubation period of parvovirus is generally 7-14 days, in order to protect the rights and interests of consumers, the court held that the reasonable warranty period should not be less than 15 days. The dog purchased by the plaintiff was diagnosed with parvovirus infection on the 10th day and died as a result. Therefore, the plaintiff has the right to require the defendant to bear the warranty liability. As for the form of responsibility, the defendant recognized that there are two ways of refund and replacement. Now the plaintiff requests to refund the pet money for purchasing puppies, so it supports it according to law.
Ms. Dong is a “cat lover”. Last year, she spent nearly 10000 yuan to buy a short legged cat in Hangzhou. Unexpectedly, she fell ill a week later and eventually died. However, the “warranty period” stipulated in the sales contract signed between her and the store owner was only three days. Later, Ms. Dong bought a cat in a pet store in Ningbo. According to her recollection, the pet shop had to regulate a lot, from the brand of cat food and living environment when the cat was in the shop, to vaccination and health examination. Moreover, the shop owner also voluntarily agreed with the pet store for a 30 day “warranty period”. From
days to seven days, and then to thirty days of relative comfort, the pet health insurance period has no clear industry standard, and the shop owner always has the final say in the three days to seven days. When the “ignorant” customers meet the “black hearted” shop owners, it is easy to fall flat.
in addition, with the continuous expansion of pet consumption demand, there are also some chaos in the market. For example, shop owners can improve the appearance of pets by blanching and dyeing their hair, inject antibiotics to keep pets alive, and “process” common varieties into famous and expensive varieties by means of playing silica gel, etc.
the judge reminded: when consuming pets, consumers should, on the one hand, keep their eyes open. No matter online or offline, they should try to choose regular businesses with high reputation, transparent transaction process and clear after-sales guarantee. They should not be greedy for cheap prices, and actively report illegal businesses. On the other hand, they should put their consumption mentality in order to avoid keeping non famous dogs and non imported products Buy psychology, do not give illegal business can take advantage of the opportunity. In addition, before signing the sale and purchase agreement with the merchant, it is necessary to carefully check the content of the agreement, clarify the rights and obligations of both parties in the agreement, and do not believe the oral commitment. Moreover, we should be wary of similar hegemonic clauses such as “once sold, no return and exchange” and “our store will not be responsible for any situation after sale”.