Can I refund and compensate for the online purchase of cute cats?

Nowadays, more and more people breed pets, and it is not uncommon for buying pets through the Internet, but because they cannot intuitively understand the situation of pets, it is easy to cause consumer disputes. No, a woman in Hangzhou found a sick cat after shopping on online shopping and wanted to terminate the contract with the seller, but the seller refused to refund. The reporter was informed today that after the case was tried by the People's Court of Fengshun County, Guangdong Province, it eventually prompted the original and defendants to reach an agreement to resolve the dispute.

Spending 12,000 online shopping for two cats found problems after breeding

Ms. Zhao lives in Hangzhou, Zhejiang Province, and is a cat -loving person. In February of this year, she accidentally saw the relevant information released by Chen released by Chen in Fengshun County, Meizhou City, Guangdong Province. Added WeChat. During the chat, Chen sent photos and videos of some pet cats taken to Ms. Zhao. After that, Ms. Zhao bought two pet cats from Chen, one for 12 -color gold gradient male cats priced at 5,500 yuan. The other is a long -haired golden dot -gold -dot -level female cat that sells for 6,500 yuan, with a total of 12,000 yuan.

On February 27, 2022, Ms. Zhao transferred to Chen to buy a cat deposit of 3,000 yuan, and paid 9,000 yuan on April 1 of the same year. The next day, Chen sent two pet cats to Ms. Zhao's location in an air transport to complete the delivery.

However, after receiving two pet cats, Ms. Zhao felt that the pet cats who actually got their hands and the pet cats on the Internet had different tears in the eyes of male cats, and the eyes of female cats were smaller than in the photo. Ms. Zhao immediately contacted Chen to ask about the relevant situation. Later, according to Chen's suggestion, I bought eye drops to treat male cats, but in the two days later, the public cat's state never improved.

On April 4, 2022, due to the increasing state of the male cat, Ms. Zhao took the male cat to the animal hospital for inspection, and the inspection fee was 1098 yuan. According to the report of the male cat, the male cat has symptoms such as herpes virus and cat cup virus. Ms. Zhao immediately contacted Chen, asking for the dismissal of the buying and selling contract, and returned both cats to Chen. However, Chen believes that the symptoms of male cats can be cured through drug treatment. They only receive the male cat back. After the cure was cured, it was sent back to Ms. Zhao and refused to accept the refund. After that, Ms. Zhao sent the male cat back to Chen, the air freight was 800 yuan, and the female cat continued to stay in Ms. Zhao's house.

The prosecution requires the seller to refund the fee in full and pay three times the compensation of the judge to promote reconciliation between the two parties

After raising the female cat for a while, Ms. Zhao believed that the female cat fell off the fluff after the fluff, and the long -haired cat agreed when the two parties bought and sold, so they thought that the seller Chen was fraudulent. Due to the health problems of the male cat and the long -term discussion of the female cat, Ms. Zhao and Chen had communicated many times on WeChat, but they did not reach an agreement.

In July 2022, Ms. Zhao sued Chen to the People's Court of Fengshun County, demanding the cancellation of the trading contract with Chen, and ordered Chen to return to the purchase of 12,000 yuan, the public cat's air freight of 800 yuan and the public cat's inspection The cost is 1098 yuan, and Chen is required to pay three times the punitive compensation of 36,000 yuan.

After the Fengshun Court accepted, the judge actively communicated with the parties of the original and the defendant, and patiently explained the law. In the end, the original and defendants reached an agreement on the mediation agreement. Chen returned to the plaintiff Ms. Zhao to buy a male cat 5,500 yuan, air freight 800 yuan, and inspection fee of 1098 yuan, totaling 7398 yuan.

Judge said: The seller has the responsibility for the guarantee of quality defects

According to Article 615 of the People's Republic of China, the seller shall be delivered to the subject matter in accordance with the agreed quality requirements. If the seller provides the material quantity instructions related to the standard, the delivery of the subject matter shall meet the quality requirements of the description.

In this case, because the defendant sold to the plaintiff's pet cat with virus, there was a quality defect. Although there was no evidence that the defendant knew the flaw before selling, it could not help but avoid the responsibility of the quality flaw.

The living properties of pets make the pet consumption field lack clear quality standards. Obtaining pets through online shopping may cause consumers to not intuitively understand the problems of pet varieties, health, and immune situations, which can easily cause disputes.

Therefore, when buying pets, consumers should try to choose a regular, qualified, and reputable shops. If necessary, the seller can also issue pet health reports.

At the same time, when selling pets, merchants should consciously abide by fair transactions, do honesty operations, and prevent animal disease prevention such as immunity and disinfection.

Text/Guangzhou Daily · Xinhuacheng Reporter: Articles of Association Correspondent: Xie Bijuan Zhang Yanyu Tu/Guangzhou Daily · Xinhuacheng Reporter: Chen Youzi Articles of Association Guangzhou Daily · Xinhua City Editor: Li Fenghe

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