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Question about a defect puppy bought in Poland

Profilbild på: Inga-Lill Häll Hello! I have bought a puppy in Poland that have a severe heart condition. The condition is congenital and a heartspecialist has confirmed it with ultrasound. I have contacted the breeder that sold me the puppy. She says that I must bring the puppy back to get my money back. The puppy needs an operation that costs over 30000 SEK and the insurance doesn't cover it. If the puppy doesn't get the operation it will be sick and die within months. Inga-Lill Häll 2018-11-12 20:39 Följ inlägget
  • Profilbild på: Inga-Lill Häll Hi Inga-Lill,

    The question of buying pets is special, as it concerns the purchase of a living thing. In Sweden we normally consider the purchase of pets as a purchase of a product, so that you as a consumer have the same protection as when buying other products. This means that if the pet can be considered defect you may complain to the seller and can demand repair, replacement, a price reduction or the cancellation of the contract. More information about complaining may be found on our website.

    Complain about defect products

    In your case I understand that you have demanded an operation, which may be seen as a repair, and that the seller has responded by wanting to cancel the purchase. You have the right to demand a repair if this can be done without unreasonable cost for the seller. We cannot determine if the cost in your case in unreasonable, but normally to do such determination you look at the price of the product, the impact of the defect and if other solutions may be done at a lower cost.

    You do not necessarily have a right to demand that the seller pays for an operation if there are other alternatives such as cancellation of the contract or getting a new pet which is not defect which may be done at a substantially lower cost. Should the seller refuse to make a repair the alternatives in the law is to cancel the purchase or to get a price reduction. However if the pet is considered defect the seller should usually pay the costs if you need to send the pet back.

    You may also find an article which explains the rights when buying pets from a private person. The main difference when buying from a company is that the rights described may not be negotiated away in a contract. The article is in Swedish.

    Om att köpa husdjur av privatperson

    Kind regards Robin Juridisk rådgivare, Konsument Europa 2018-11-13 10:21

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