The purchased pet dog has only survived for four days. How should the shovel officer defend his rights? A citizen from Nanhai, Foshan, spent more than 2,000 yuan to buy a poodle. Just after buying it, he found that the dog was abnormal. So he put the pet in the seller's house for foster care. He didn't expect to receive the dog after only four days. Only death news. After the negotiation failed, the citizen took the seller to court with a complaint. Recently, the South China Sea Court ruled that the dogs involved in the case did not meet the quality standards agreed upon by the two parties and had major defects, and the seller should refund the entire purchase price for the dogs.

Case facts:

Spend more than 2,000 yuan to buy a pet dog 4 days to die

Plaintiff Wang contacted online After consulting and communicating with a pet seller, I decided to buy a champagne-colored poodle. I went to the address Shengyuan Commercial Bank provided by the seller under the phone guidance of the staff, and finally spent 2,080 yuan to buy the pet dog. 860 yuan to buy pet dog food recommended by the staff.

Because Wang has no experience in raising dogs, during the process of watching the dog, he found that the dog spit water. After taking the dog home, it was found that the dog's body was still abnormal. Wang immediately consulted the seller, but received no reply. The next day, Wang contacted the after-sales service, and then he fostered the dog in Xu-and-Zhuang according to the address given by the after-sales service. He planned to take the dog back after taking care of it, and issued a foster care receipt. 3 days later, Wang asked about the status of the dog, and the staff said that the dog had died.

It was only 4 days from the time of buying the dog to the death of the dog. Wang contacted the seller and the after-sale service, but he could only exchange the dog, not return it. Wang contacted 12315 for mediation after that, but failed to negotiate for many times, so he filed a lawsuit with the South China Sea Court, asking the seller to return Wang a total of 2,940 yuan for the purchase of pet dogs and dog food.

Judgment:

The dog did not meet the agreed quality standards Seller refunded the payment

After hearing, the South China Sea Court held that there was a legal relationship between the plaintiff and the defendant. In a valid sales contract, both parties shall perform their respective obligations in accordance with the contract.

The South China Sea Court pointed out that according to the contents of the receipt issued by the seller, the dog it promised to sell was healthy within half a year, but the dog involved in the case had a physical abnormality shortly after delivery, and the seller's after-sales service said the dog was healthy. The dog has died. It can be seen that the dog involved in the case does not meet the quality standards agreed by the two parties and has major flaws. Wang claimed that the payment of 2,080 yuan should be refunded with sufficient reasons. Wang also claimed that the seller refunded the cost of purchasing dog food 860 yuan, because there was no evidence that the dog food purchased by Wang could only be used for the dogs involved in the case, and Wang did not prove that the dog food had quality defects or other circumstances that should be returned according to law. , Wang's claim is insufficiently justified.

Accordingly, the court made a first-instance judgment that the seller, Foshan XX Zhuang Pet Co., Ltd., should return 2,080 yuan to Wang within ten days from the date when the judgment took effect.

Relevant laws:

Article 563 of the Civil Code of the People's Republic of China:

In any of the following circumstances, the parties may terminate the contract :

(1) The purpose of the contract cannot be achieved due to force majeure;

(2) Before the expiration of the performance period, one of the parties expressly or by its own behavior indicates that it will not perform the main debt;

(3) One party delays the performance of the main debt and fails to perform within a reasonable period after being urged; The purpose of the contract;

(5) Other circumstances stipulated by law.

In a non-term contract with the content of continuously performing debts, the parties may terminate the contract at any time, but they should notify the other party before a reasonable period of time.

Article 582: If the performance does not conform to the agreement, it shall be liable for breach of contract in accordance with the agreement of the parties. If there is no agreement on the liability for breach of contract or the agreement is not clear and cannot be determined according to the provisions of Article 510 of this Law, the injured party may reasonably choose to request the other party to undertake repair, rework or replacement according to the nature of the subject matter and the magnitude of the loss. , return, reduction of price or remuneration and other breach of contract liabilities.