Mr. Zhu, a consumer from Chongqing, told reporters that in early December 2023, he saw a short video account registered as "Chongqing Cloud Adoption Service" posting cat videos on his phone, with a sign that read "Free cat petting and loving adoption." He assumed it was for adopting abandoned cats, so he contacted Chongqing Lingmiaoguan Pet Service Co., Ltd., adopted a Ragdoll cat, and paid for a box of feline panleukopenia test kits and a bag of cat food, totaling 528 yuan.
The company staff then told him that he would need to purchase 260 yuan worth of cat food from the company every month for 18 months. They then provided Mr. Zhu with an electronic copy of the "Pet Adoption Contract" for him to sign. At the time, the staff did not explain the contract terms, only emphasizing that he should not resell the cat or abuse it. Mr. Zhu signed the contract without carefully reading the contents.
One month later, the Ragdoll cat went missing from home. The company provided another cat, but Mr. Zhu felt it was unhealthy and refused to accept it, nor did he purchase cat food as stipulated in the contract. On May 1st of this year, the company sued Mr. Zhu in the Yubei District People's Court of Chongqing Municipality for breach of contract, demanding that he pay 4,680 yuan for 18 months of cat food, 3,500 yuan in liquidated damages, and 5,000 yuan in attorney fees, totaling 13,180 yuan.
The cat food I ordered was three times the market price.
If you do not purchase, you will be sued in court.
Mr. Zhu believes that the company is using the guise of free adoption to actually bundle and sell expensive cat food.
Mr. Zhu told reporters that the cat food brand his company specifically purchased was "Midoff," priced at 260 yuan for 1.5 kg. Mr. Zhu found online that the market price for the same size of the brand was 79.7 yuan, meaning the designated price was more than three times the market price.
Mr. Zhu also believes that the company's failure to explain the relevant terms when providing the standard contract suggests deliberate concealment and misleading.
Mr. Zhu stated that if consumers refuse to purchase cat food, the company will sue them in court. From July 4th to July 25th alone, the Yubei District People's Court heard three sales contract disputes with the company as the plaintiff.
When a reporter recently visited the company's office and store to request an interview, a staff member stated that they would not be accepting interviews at this time, and emphasized that "Mr. Zhu violated the contract and caused huge economic losses to the company, so he must bear the corresponding liability for breach of contract."
On August 7th, a reporter visited the "Tuantuan Miao Cat Adoption Center" on the first floor of the Xiexin Xingguang Shopping Mall in Nan'an District, Chongqing. Each cat's display case had information such as breed, gender, date of birth, and vaccination records, along with the monthly "living expenses" (food, grooming, etc.) that the adopter would need to pay. For example, adopting a "pure black Napoleon" cat would cost 698 yuan per month in "living expenses."
Staff told reporters that if a customer fails to pay the cat's "living expenses" as stipulated in the contract after adopting the cat, they will definitely have to pay a corresponding penalty. The amount of the penalty is determined based on factors such as the cat's breed and age.
In September 2021, more than ten consumers adopted cats for free from Chongqing Hongyang Pet Co., Ltd., only to discover that the cat food designated by the company was several times more expensive than the market price. Soon after, the cats contracted feline panleukopenia, a contagious disease. The consumers demanded the return of the cats or to purchase cat food from other channels, but were refused. Subsequently, as the consumers stopped purchasing the company's designated cat food, they were successively sued in court. According to Tianyancha, a business information platform, between June 10, 2020, and October 22, 2021 alone, 71 consumers were sued by Chongqing Hongyang Pet Co., Ltd.
On June 16, 2021, Mr. Li adopted a cat free of charge from Chongqing Miaomiao Cat Culture Communication Co., Ltd. According to the adoption agreement, he was required to purchase 18 months' worth of cat food from the company. Failure to do so within one month would be considered a serious and fundamental breach of contract, requiring him to pay a punitive penalty of 3,000 yuan, plus legal fees and litigation costs incurred by the company in protecting its rights. After purchasing one month's worth of cat food as stipulated in the contract, Mr. Li purchased cat food from other channels, leading to a lawsuit. On March 28, 2022, the Dadukou District People's Court of Chongqing Municipality ruled in the first instance that Mr. Li had breached the contract and was required to pay the company 3,000 yuan in penalties, dismissing the company's other claims.
Xu Guipeng, a lawyer at Chongqing Hezhong Law Firm, stated in an interview that pet adoption agreements are essentially a hybrid contract combining a sales contract and a gift contract. It is not illegal for businesses to stipulate in the contract that consumers purchase cat food; as long as it reflects the true intentions of both parties, the contract is legally valid. However, if the business intentionally conceals, misleads, or defrauds consumers, the validity of the contract will be affected, and consumers have the right to request the People's Court or arbitration institution to rescind it.
Attorney Xu Guipeng argues that in Mr. Zhu's lawsuit, the "Pet Adoption Contract" stipulated that Mr. Zhu must purchase cat food packages through the company's designated WeChat platform, restricting his right to freely choose merchants and products, thus violating relevant provisions of the "Consumer Rights Protection Law." Furthermore, the company's purpose in requiring Mr. Zhu to purchase cat food was for "adoption," but since Mr. Zhu's cat has been lost, the "adoption" is no longer valid, the contract cannot be fulfilled, and therefore, the company cannot demand that he continue to purchase cat food or compensate him for the cost of the cat food.
Liu Qingquan, deputy secretary-general of the Chongqing Consumer Council, said in an interview that, based on complaints handled by the council, businesses often advertise "free adoption" but then bundle it with the sale of expensive cat food, constituting various illegal activities such as false advertising. Furthermore, some businesses limit cat food prices and specify cat food varieties in their contracts, excluding or restricting consumers' right to choose and infringing on their right to know and right to choose.
Deputy Secretary-General Liu Qingquan reminded consumers to be rational about "free adoption" advertisements and not to be lured by the tricks of operators to avoid falling into traps. When signing a contract, carefully read the contract terms, understand your rights and obligations, and pay special attention to hidden bundled consumption.
