You can adopt a cat with a market price of over 1,000 yuan for free without spending a penny? Recently, a netizen posted that there is a contract "trap" in Chongqing Hongyang Pet Company's "free adoption" business -
▲Store related adoption promotion
According to the store's promotion, customers can adopt a kitten from the store without spending a penny, on the condition that cat food needs to be purchased from the designated APP every month for 18 months. However, netizens found that these cat foods were several times higher than the market price, and some brands even "never heard of them";
In addition, the clerk also verbally promised to customers that "if the cat dies or gets lost within 18 months, just contact the after-sales service to explain the situation, and the contract can be terminated." However, netizens found that the provisions in the contract do not match the promises of the clerk - if the cat food is not purchased as required for more than one month, the adopter will have to bear a one-time penalty of 3,000 yuan. How to terminate the contract if the cat dies or other situations is not stated.
The topic immediately attracted widespread attention and discussion, and many netizens said that they had encountered similar situations. Several lawyers told Red Star News reporters that the contract was unreasonable. "The contract mentions that cat food is purchased to ensure adoption, but if the 'adoption' no longer exists, such as the cat is dead, the 'contract performance cannot be fulfilled' and the adopter will no longer buy its products."
▲ A user's "free adoption of cats" promotion on Douyin APP. Screenshot from Douyin
[Adoption Dilemma]
Adoption cats suffer from Cat plague frequently
Stop purchasing cat food will face a liquidated damages of 3,000 yuan
Xiao He (pseudonym) is a fresh graduate who has just left the university campus. In September 2020, he saw a free cat adoption message at "Chongqing Cat Bar" and added the store's WeChat. According to the pictures sent by the store, Xiao He fell in love with a cat.
The store owner told Xiao He that there is no fee for adopting a cat, but a total of 800 yuan is required to pay the vaccine and deworming fee. Xiao He immediately paid the fee to the store’s WeChat, and then went to this offline store called “Chongqing Hongyang Pet Company” to collect the target cat to be adopted.
According to Xiao He's recollection, at that time, an employee of the store briefly introduced the regulations on "purchasing cat food for 18 consecutive months", and handed Xiao He a contract.
"I'm still a little wary," Xiao He told the Red Star News reporter that he asked the clerk twice whether the adoptive cat died or lost within 18 months, if the adopter needs to continue to buy cat food. The clerk responded that if it is not human reasons, the contract can be terminated by just informing the store, and emphasized that "the signing of the contract is not to force the adopter to go to the store to spend", but to "provide protection for the cat and prevent the adopter from abusing the cat."
▲Customer's staff explanation
"When I was about to read the contract, the other party told me, 'There is nothing to read at all, just sign it directly'." Xiao He signed the contract.
After taking the cat home, Xiao He fed the cat food purchased from the aforementioned store. The next day, Xiao He found that the cat was reluctant to eat and had symptoms of diarrhea and unable to walk, so he took the cat to the hospital for examination. The doctor told Xiao He that his cat had cat plague. Xiao He spent more than 1,000 yuan on medical expenses to cure the cat.
In November 2020, Xiao He's adopted cat was lost. He sent a WeChat message to the after-sales staff, informing him that the cat he adopted was lost. The other party said that he had learned about this and then deleted Xiao He's WeChat. Xiao He thought the matter had come to an end and stopped purchasing cat food from the store.
However, nearly half a year later, in April 2021, Xiao He received a summons from the People's Court of Shapingba District, Chongqing. According to the subpoena, he was filed by Chongqing Hongyang Pet Company for "violating the contract agreement", and the other party asked him to pay a liquidated damages of 3,000 yuan.
▲Related civil complaints.Photo provided by the interviewee
Xiao Zhang (pseudonym), who also adopted a cat through the offline store of Chongqing Hongyang Co., Ltd., also encountered a headache. Her cat died of cat plague on the fifth day of adoption.
"The owner said that he would either go to the store to get a new cat, or pay a penalty of 3,000 yuan according to the contract. I asked the owner to test the cat (replaceable) first, and then adopt it after the result was negative, but the other party refused." Xiao Zhang felt that this requirement was very unreasonable. "I just wanted a healthy cat. I didn't go to get it without the other party's consent. What's the point of getting another sick cat?"
Xiao Zhang told the Red Star News reporter that she is currently facing a dilemma of paying the penalty for liquidated damages or being forced to continue purchasing cat food.
There is also Xiao Nan (pseudonym)'s girlfriend who has experienced similar difficulties. On September 9, 2021, Xiaonan's girlfriend saw an advertisement for free adopting cats in Chongqing Hongyang Co., Ltd. in WeChat Moments. She then went to the "Naked Kids Pet Castle" store in Dadukou District, Chongqing to collect the cats and signed an electronic version of the adoption contract.
▲The page of "Bare Kids Pet Castle" on the Xiaohongshu APP. Photo provided by the respondent
The contract shows that Party B (adopted) must purchase cat food worth 330 yuan in the form of a package on the "Taochong Mall" APP for 18 consecutive months; if it is not purchased for one month after the purchase, Party B will have to bear a one-time liquidated damages of 3,000 yuan.
In addition, Article 4 of the contract stipulates that "if a cat dies in any disease or other non-human accidental death within one week", after Party B provides evidence and confirms it by Party A, Party A may provide a cat replacement service. Party B shall go to the pet hospital on the same day to test for cat plague; if the result is negative, Party B shall bear the testing costs.
▲Related contract terms. Photo provided by the interviewee
htmlOn September 26, Xiaonan's girlfriend adopted a cat was found to have cat plague, was mentally exhausted, did not eat, and had diarrhea. But at this time, it was 17 days before the adoption date, and the 7-day "return and exchange period" agreed in the contract was passed.
Red Star News reporter noticed that in the contract signed by Xiaonan’s girlfriend, another Article 6 mentioned, “During the performance of the agreement, if the cat dies or loses due to other reasons, Party B may choose to purchase the cat at a discount or purchase the cat elsewhere. The performance of this agreement will not be affected,” but it does not state that Party B can terminate the contract due to the loss of the cat.
▲Related contract terms. Photo provided by the interviewee
[Many doubts]
Designated cat food is more than 10 times the market price
Promoted that "joining a year easily earns more than 60,000 yuan per month"
Why did the aforementioned consumers suffer from cat plague after one after another? Is it a "coincidence" or a trap?
September 24, a reporter from Red Star News called three pet hospitals located in Chengdu. Relevant doctors all said that cat plague is a very common acute contact infectious disease that can usually be cured after treatment and care. However, the incubation period of cat plague can be far more than one week. If you are tested for cat plague before the onset of the disease, there is also a certain chance that "false negative" will occur.
▲The cat that became ill after the adopter took it home. Photo provided by the respondent
One of the doctors emphasized that the first week of cats onset is usually fierce, and some cats with weak constitutions may find it difficult to survive this "most dangerous" week. Another doctor said that even if the cat survives this week, the reduction in immunity and physical fitness caused by illness is still dangerous for cats.
The above pet doctor told Red Star News that if the kitten has indeed been vaccinated, the probability of getting cat plague is relatively low. The aforementioned adopter told Red Star News that several adopters had asked the store manager for a vaccine for the cat, but the other party could not provide it.
In addition, a reporter from Red Star News found that the cat food purchased by Xiaonan, namely the "Bales" cat food priced at 330 yuan in the "Taochong Mall" APP, was not found on other leading e-commerce platforms.A shop owner who is engaged in a pet business in Chongqing also said, "I have never heard of the cat food brand ('Bales').
Xiao He introduced to the Red Star News reporter that he bought a cat food called "Eroti" from an adoption store every month, weighing 2kg and priced at 250 yuan. He paid the store through WeChat, and the other party mailed him the cat food. However, a reporter from Red Star News searched on a leading shopping platform and found that the cat food was marked as "universal cats and dogs". The platform store "Eroti Pet Mall" marked the price of 92-99 yuan/10kg, with an average of less than 20 yuan, less than one-twelve of the price of an adopted store.
▲The cat food brand and pricing in the related purchase package of the "Tao Pet Mall" APP. Photo provided by the interviewee
Red Star News reporter learned on the "Tao Pet Mall" APP that the developer of the APP is Ran Moulei, and its functions include "providing users with pet raising ways to purchase pet-related supplies online", "providing users with free online pet adoption and adoption contracts", as well as "releasing breeding information" and "sterilization, fostering, cute pet knowledge" and other services.
After logging into the APP, the reporter found that although there are all provinces, regions and municipalities directly under the central government in the filter column, except for Chongqing, which has 48 stores and , , Sichuan Province, 1 store, other provinces, regions and municipalities directly under the central government show "no stores yet". Click "Merchant Franchise", the information on the electronic poster shows that to become a regional partner of the company, you need to pay 15,000 yuan to the company, which includes the fees for the items and breed of cats required to open a store. The poster also reads, "The monthly income of more than 30,000 yuan per year for operation is easy to earn more than 60,000 yuan per year for operation is easy to earn more than 60,000 yuan per month."
▲Related promotional posters. Photo provided by the interviewee
According to the pictures and video materials provided by Xiaonan, once the contract is signed and adopted, two cat food items with a price of 180 yuan will appear in the "Hot Recommendations" column on the homepage. There is a button "Performing Adoption Contract" in the middle of the homepage. Click this button and the adopter can see the breed of cat he adopts and the address of the adoption store; click "Perform the Contract" and you will enter the selection and purchase page of the cat food package.
Some adopters told Red Star News reporters that their "fulfill adoption contract" button was closed when the contract expired and they could not continue to purchase cat food.
[Insider's Revelation]
Part-time clerk said he was not aware of some terms of the contract
Industry insiders said that the source of the adopted cat is suspicious
According to Tianyancha , Chongqing Hongyang Pet Co., Ltd. was established on August 14, 2018. The legal representative is Ran, and the main personnel are Ran and Ran Moulei. The business scope includes the sale of pet supplies and pet feed. From June 10, 2020 to October 22, 2021, Chongqing Hongyang Co., Ltd. has 72 court announcements, all of which are "contract disputes". Among them, except for the case with the case number (2020) Chongqing 0106 Minchu 6053 on June 10, 2020, the defendant was Chongqing Hongyang Pet Co., Ltd., and the defendants in the other cases were individuals.
The companies under Ran’s name include Chengdu Hongai Pet Pet Service Co., Ltd. established in August 2019, Changsha Hongpeng Pet Co., Ltd. established in November 2019, Kunming Hongpeng Pet Service Co., Ltd. established in December 2019, etc. As of the time of publication, Chengdu Hongaipei Pet Service Co., Ltd. had 19 contract dispute judgment documents, all of which were ruled by the Shapingba District People's Court of Chongqing to "withdraw the prosecution" because the plaintiff (Chengdu Hongaipei Pet Co., Ltd.) failed to pay the case acceptance fee in advance within the specified time.
Xiao He told the Hongxing News reporter that he had reported to the Industrial and Commercial Bureau where Chongqing Hongyang Pet Co., Ltd. is registered. The relevant Industrial and Commercial Bureau responded that the situation belongs to the merchant's business strategy and the Industrial and Commercial Bureau cannot manage and restrict it.
Xiao Kai (pseudonym), a clerk who worked part-time in a store in Chongqing Hongyang Pet Co., Ltd. for several days, told the Red Star News reporter that he saw the recruitment information of the store in the school’s part-time QQ group and learned that the work content was probably "taking care of the cat and taking the cat out for fun". The salary was paid every day, and someone adopted a cat could be considered a commission.
Xiaokai said that during his part-time job, he had never met the store manager himself. He has read the adoption contract, but only paid attention to the matters related to the purchase of cat food. He did not notice the terms and regulations of "All you have to pay a penalty of 3,000 yuan in liquidated damages during the interruption of the purchase of cat food", and he was not clear about the specific rules of the cat food package in the "Taochong Mall" APP and WeChat mini program of the same name. Xiaokai told the Red Star News reporter that when he joined the company, the store manager did not explain the adoption contract in detail, but just asked him to "read it by himself, and ask if he doesn't understand", nor did he remind him to remind customers to read the contract carefully.
According to Xiaokai's recollection, a customer also raised questions about the provisions for purchasing cat food in the contract. "The contract says that you need to buy a more expensive cat food of 330 yuan. The store manager verbally told the customer that he could buy 180 yuan per bag of cat food every month, but it was not written into the contract. When I asked the store manager about this, the store manager said 'It's okay'."
▲Related purchase packages also contain a price of 120-180 yuan. Photo provided by the interviewee
Xiaokai also said that during his part-time job, no customer asked about Article 2 of the contract, "If you have not purchased cat food for one month after the deadline, Party B will bear a one-time punitive liquidated damages of RMB 3,000", "Whether the cat needs to continue to purchase cat food after it is lost?"
An insider revealed to the Red Star News reporter that the owner of a store in the company mentioned during a chat that the purchase price of their cats is far lower than the market wholesale price, "about 200 yuan to 500 yuan." However, according to the breed of adopted cats, "if you buy from a regular cathouse, the purchase price may be as high as 50 million or even tens of thousands of yuan. They must have obtained it below the market price, but not all of them are sick."
However, regarding the source of the cats, the above-mentioned insider said that the owner did not mention it specifically, but he speculated that the price of these cats was so cheap. It may be a stray cat caught from the street or a cat transported from other places.
On September 23, a reporter from Red Star News contacted one of the person in charge of the "Naked Kids Pet Castle". The person in charge told reporters that the cat in the store entered the "cathouses" in Chongqing and Chengdu, and repeatedly emphasized that "everything is explained clearly to the customers", and the penalty for liquidated damages "certainly it was said", and the contract was not clearly seen as "the adopter's own problem." The reporter tried to call the relevant number of Chongqing Hongyang Pet Co., Ltd., and the operator said that he was not a relevant person in the company.
▲Cats adopted by consumers in offline stores of Chongqing Hongyang Co., Ltd. Photo provided by the interviewee
[Lawyer's statement]
Part of the relevant contract content may be illegal
Adopters can claim collective appeal
In May this year, about 50 adopters and Xiao He were sued by Chongqing Hongyang Pet Co., Ltd. "We know that there is little chance of winning the case. Although the contract is unreasonable, it has legal effect. In addition, the judge said that due to the different specific circumstances of each person, the adopter can only sue Chongqing Hongyang Company separately." Xiao He said.
Xiao He learned from a dispute mutual aid group that before that, about 30 adopters had been filed for lawsuits, and most of the adopters lost the case in the end. A few adopters have recorded or videos left by the seller when he made the verbal commitment. For such adopters, Hongyang Company terminated the contract and did not sue them.
Adopted Xiaolin (pseudonym), also was filed with a lawsuit by Chongqing Hongyang Co., Ltd., but Hongyang Company then chose to withdraw the lawsuit. "I don't know the specific reason, and the court mediated in the middle," Xiaolin said.A reporter from Red Star News saw on the China Judgment Documents that from April 16, 2021 to May 26, 2021, Chongqing Hongyang Co., Ltd. had successively withdrawn 13 pet adoption contract dispute appeals. The People's Court of Shapingba District, Chongqing City approved the withdrawal of the lawsuit, and Chongqing Hongyang Pet Co., Ltd. shall bear the case acceptance fee.
Red Star News reporters consulted Henan Yulong Law Firm’s lawyer Fu Jian, Beijing Zhongming Law Firm’s lawyer Zhao Jian, and Yunnan Tianwaitian Law Firm’s lawyer Zhang Yunlong. All three lawyers believe that the contract is unreasonable. But if enough adopters suggest that they have similar experiences, it is possible to terminate the contract.
▲Cats adopted by consumers in offline stores of Chongqing Hongyang Co., Ltd. Photo provided by the interviewee
"This is an 'adoption contract', not a 'goods sale' contract." Zhao Jian told the Red Star News reporter that the contract is illegal. He believes that the contract mentions the purchase of cat food to ensure adoption, but if the "adoption" no longer exists, such as the cat is dead, it will be "incapable of contract performance" and the adopter will not be able to purchase its products again. Moreover, the adoption contract cannot limit consumers to purchase certain types of goods.
"However, the contract will lose its legal effect only if the violation is the national prohibition law, such as Criminal Law and Administrative Law . If there is sufficient evidence to prove that Party A deliberately causes cats to suffer from cat plague, or the adopter cannot check it out during the inspection in the store, but there is a problem a week later, the behavior is to commit contract fraud on the grounds of adoption. At the same time, this is a cruel act of trauma to harm the lives of animals, which may constitute a very serious crime." Zhao Jian said.
Zhao Jian also pointed out that if the adopter suspects that the store’s malicious spread of cat plague, he can start the call based on the “crime of endangering public safety by dangerous means” in Article 115 of the Criminal Law and ask the police to assist in the investigation. In addition, if there are enough adopters as circumstance evidence to prove that everyone has not seen the contract clearly, or the clerk has urged Party B to sign and interfered with Party B's reading of the contract, he can apply for revocation of the contract. The number of valid circumstance witnesses needs to be judged by the judge, and the victim can collect as many similar cases as possible.
lawyer Fu Jian also told the Red Star News reporter that since the adopter signed a standard clause between the company, although most adopters did not record it at the time, if enough adopters reported that they had encountered similar situations, they could be used as witness testimony to prove that the company did not fulfill its obligation to remind people to pay attention, and gather evidence and materials as class action lawsuit , requiring the court to terminate the contract. "Whether a class action can be carried out depends on whether the litigants have common rights and obligations and common interests in the subject matter of the litigation. If the above conditions are met, they can claim that joint litigation ." Fu Jian said.
▲The adopter's cat died of cat plague. Photo provided by the interviewee
Lawyer Zhang Yunlong believes that the contract looks like a contract for adopting a cat, but in fact it is more like the content of purchasing cat food. The unreasonable thing about this contract is that the contract should be the true expression of intention of both parties, and the contract is based on the voluntary basis of both parties, and the parties to the contract should follow the principle of honesty and trustworthiness of . "Even if the agreement reached by the parties is not written in the contract, it is still counted. The contract does not clearly stipulate Party A's obligations, but requiring Party A to provide a healthy cat is in line with the purpose of the parties signing the contract."
However, Zhang Yunlong said that although it is unreasonable, the contract is still valid, but he also emphasized, "If enough adopters suggest that they have encountered similar situations, it can be used as a reason for defense. Remember to keep relevant evidence to prove that the cat received was unqualified from the beginning, and request the termination of the contract on the grounds that Party A has obvious faults and caused the purpose of performing the contract to fail."
At present, Xiaonan and others are actively looking for adopters with similar situations to strive to terminate the contract with Chongqing Hongyang Pet Co., Ltd. "Actually, these adopted cats are the most pitiful." Xiaonan sighed.
Red Star News Reporter Luo Danni Intern Wang Yuzheng
Editor Li Binbin
