Ruined thing in dry cleaning judicial practice. Sample claims and complaints about dry cleaning for a damaged item
How, without having legal knowledge, to protect your rights if the dry cleaner returned the item damaged or did not return it at all? Let us turn to the legislation to consider how the state guarantees the protection of your rights in relations with providers of personal services.
Excerpts from the Law of the Russian Federation "On the Protection of Consumer Rights" and the Rules for Consumer Services in the Russian Federation are provided by dry cleaners at the first request of the consumer.
If, after polite conversations, the dry cleaner does not meet your needs, you have every reason to write a claim, which the dry cleaner is obliged to satisfy no later than ten days (Article 22 of the Law "On Protection of Consumer Rights").
Make a claim in writing (you have all the details on the receipt), preferably in two copies, so that you have confirmation of receipt of the claim by dry cleaning - this is the signature, full name, position of the person who received the claim and the date on your copy.
Please include the following in your claim:
- your data;
- the date the item was dry-cleaned and the condition of the item before you handed it in, the presence of labels recommending dry cleaning;
- indicate that when handing over the item to dry cleaning, the receiving lady made sure that the item was intact and safe, did not perform verification activities and did not warn that the item could be damaged as a result of dry cleaning;
- a description of the damage to the item by dry cleaning;
- the nature of your claim (free of charge to eliminate damages, reduce the price, re-clean the product, compensate for expenses or terminate the contract, and fully compensate for the damages);
- further, it is necessary to attach copies of documents: receipts, expert opinion, and, preferably, confirmation of the value of the damaged item.
The value of the damaged item can be confirmed by:
- Check (if you have it);
- Official written confirmation from the seller where the item was purchased;
- Document from the manufacturer;
- An extract from your bank account (if the item is branded and was paid for with a bank card);
- An act of experts from the examination bureau on the value of a thing on the market.
Let's imagine that the dry cleaner does not accept the claim, then you need to send it by mail with a notification. You will need confirmation later postal item so save your documents.
What is the responsibility of the dry cleaner for clothes damaged during the washing process?
The legislation of the Russian Federation provides for the legal field for the activities of organizations providing services to the population. According to Article 35 of the Law of the Russian Federation “On Protection of Consumer Rights”, if your item is damaged or lost, the dry cleaner is obliged to replace it within three days or compensate the client for twice the cost of the damaged item, as well as the consumer’s expenses for dry cleaning, postage, examination, etc. .
Check the contents of the receipt given to you by the dry cleaner. In addition to the required details, a description of the item being handed over, the cost of work / services, the date of acceptance and the due date, the receipt contains text written in small print stating that dry cleaning can lead to defects, including loss presentation, which is unlawful, since it knowingly transfers responsibility and risk to the consumer and violates his rights.
In addition to sending a claim to the contractor, the consumer can apply to the local authorities of Rospotrebnadzor to protect their rights.
Both the management of the dry cleaner and the dry cleaner itself as a legal entity may be brought to administrative responsibility.
What to do if the dry cleaner refuses to pay for damaged clothes?
It happens that dry cleaners deny that the damage to property was their fault, and do not compensate for the losses. In this case, it will be necessary to contact the expert bureau for a commodity examination in order to show a causal relationship from the actions of dry cleaning and damage to the product. Do not lose the receipt of the expert bureau in order to subsequently recover the costs of the examination from the dry cleaner. As soon as you receive an expert opinion that the damage was due to the fault of the dry cleaner, draw up and send a claim to the dry cleaner.
Please note, if as a result of the examination it becomes clear that the damage to the product arose due to hidden flaws in the product, then the claim will need to be sent to the seller or manufacturer of the product.
practicing lawyer, specialization in civil law,
believes in coffee and female friendship
Dry cleaners. With them always as lucky. The things I handed over were not lost, but a couple of things were spoiled, in addition, not the most democratic brands. Once I was returned a suede jacket in the condition in which it was handed over, at least I could not find signs of cleaning. To my indignation about this, they answered: "Stains cannot be removed using methods acceptable for this material." However, this was not brought to my attention prior to receiving the jacket, for which reason the dry cleaner had to refund the money paid for the cleaning. My friend was in a more curious situation, as she had her trousers dry-cleaned and received capri back, but noticed this transformation a week later, and she was denied a refund.
Despite this, I am not going to refuse dry cleaning services, because outerwear or clothing marked “dry clean” is extremely difficult to clean and not ruin at home. However, through negative experience, I learned that the condition of clothes after dry cleaning is determined by the following factors:
- firstly, the storage conditions (for example, the thing was lying in the off-season in the country house or on the loggia, where, due to the lack of heating, high humidity contributed to the damage to clothes by moths, mold, etc.);
- secondly, the duration of wear, since over time the fabric becomes thinner, and this can only be detected after the removal of contaminants, with which the worn fibers are washed out;
- thirdly, the prescription of pollution, since stains, if they are not removed on fresh tracks, become old and difficult to remove;
- fourthly, preliminary (read, homemade) manipulations with stains, which, as a rule, have the opposite effect and only fix the dirt on the fabric.
And most importantly, dry cleaning is not able to return clothes to their original appearance: in other words, after dry cleaning, you get your old thing cleaned of dirt. However, this does not mean that the reason for the deformation of clothing is solely its improper operation and storage; the actions of dry-cleaners determine the outcome of the item's processing to a lesser extent. What to pay attention to? Let's figure it out.
Dry cleaning rules
Upon receiving the item, the dry cleaning employee must check the presence of a symbol on the marking label that allows dry cleaning, then evaluate the condition of the clothes and reflect the results of the assessment in the acceptance document, as well as indicate the name of the item, its color, composition, completeness. Your task is to make sure that the information is reflected correctly.
If there is no dry cleaning symbol on the tag, or if there is no dry cleaning symbol, or there is no tag at all, the receptionist must warn you against dry cleaning. However, if you insist on stain removal despite the warnings, you can't hold the dry cleaner responsible for damaging the clothes.
Usually, delivery and acceptance documents contain standard phrases that do not reflect the real state of the thing: “general pollution”, “creases”, “spots”, etc. This is aimed at reducing the amount of compensation due to the owner of the thing in case the thing is damaged or lost during the cleaning process.
It is necessary to insist on the exclusion of false information and to detail the one that is given vaguely. For example, if the presence of spots is indicated, then the location of each spot and its size should be indicated. Be sure to make sure that the document lists all the detachable elements of the thing, such as a belt, a hood, etc.
Life situation:
Masha handed in a down jacket with a detachable hood for dry cleaning, and the down jacket without it was returned to her. The girl demanded that the hood be returned to her, but she was refused, citing the lack of information about the hood in the receipt. Conclusion: Masha found herself in such a situation because she could not confirm the return of a down jacket with a hood, so she had no choice but to come to terms with the loss.
Rules for accepting things after dry cleaning
When receiving clothes from dry cleaning and before signing the acceptance document, check the safety of the item and its compliance with the original shape, size, color, etc., since your signature means that there are no complaints about the quality of the services provided. After signing the document, it is allowed to present claims only for hidden defects, that is, defects that cannot be detected during a normal inspection.
Protection algorithm
If defects are found, do not sign anything, instead file a claim for the return of money paid for a poorly performed service and demand a refund in the amount of twice the cost of the item, referring to Article 35 of the RF Law “On Protection of Consumer Rights”. At the same time, the absence of a document confirming the value of the thing is not a basis for refusing to satisfy the requirements. In order to calculate and justify the amount of compensation, it is allowed to use the prices of similar things as a guideline.
Also, instead of reimbursement of twice the value of the thing, one of the following requirements can be stated:
- gratuitous elimination of shortcomings of the rendered service;
- reduction in the price of the service provided;
- reimbursement of expenses incurred to eliminate the shortcomings of the service provided on its own or by third parties;
- full compensation for damages.
And additionally demand compensation for non-pecuniary damage and a penalty.
If you choose a cash requirement, please indicate Bank details to receive a refund. In addition, the claim must contain a reference to the document under which the item was transferred, and list the damage that occurred during the dry cleaning process.
If you cannot cope with drafting a claim on the spot, prepare it at home or by contacting a lawyer, and then give a copy to the dry cleaner and ask the second copy to be dated, signed and decrypted. If the dry-cleaner refuses to sign, send a claim by a valuable letter with a description of the attachment and acknowledgment of receipt. Do not throw away the postal receipt in case you cannot resolve the conflict without going to court.
If the dry cleaner does not admit fault, she must initiate and pay for an independent examination. At the same time, demand that you first agree on its cost with you, because if it is established that the dry cleaner is not at fault, you will be obliged to compensate the other party for the costs of the examination.
If it is established that the damage was caused by a manufacturing defect, file a claim for the return of the cost of the item and compensation for damages to the seller of the item (manufacturer, importer). And as a confirmation of the validity of the requirements, attach a copy of the expert opinion to the claim.
At the level of the law, deadlines are established for the fulfillment of requirements, the gradation of which is made depending on the requirement: for example, the requirement for reimbursement of twice the value of the thing must be fulfilled within three days, and the requirement for a corresponding reduction in the price of the service provided, as well as the requirement for reimbursement of the costs incurred to eliminate deficiencies in the service provided on their own or by third parties - within ten days.
In case of non-fulfillment or delay in the fulfillment of your requirements by the dry-cleaner, file a claim with the court. Attach the following documents to the claim:
- a copy of the document confirming the delivery of the item for dry cleaning;
- a copy of the claim to the dry cleaner and a receipt confirming its dispatch;
- a copy of the response to the claim, if any;
- calculation of the amount of claims;
- a copy of the statement of claim with applications for dry cleaning or the seller of the item;
If the amount of the claim exceeds 1 million rubles, you will need to pay the state fee and attach a receipt to the statement of claim confirming its payment.
In this case, the state duty is paid in the amount calculated in accordance with subparagraph 1 of paragraph 1 of Article 333.19 of the Tax Code of the Russian Federation and reduced by the amount of the state duty.
If the value of the claim is less than 50 thousand rubles, you should apply to the justice of the peace, otherwise - to the district court. But if the value of the claim is less than 50 thousand rubles, but the claim for compensation for non-pecuniary damage is included in the number of claims, you should also file a claim with the district court.
An alternative to litigation is to apply to Rospotrebnadzor with a request to inspect the dry cleaner for compliance with the law and, if violations are found, hold it accountable.
As a rule, a mention of the intention to apply to Rospotrebnadzor to protect their rights or an entry in the complaint book stimulates the dry cleaning management to make a positive decision on the consumer’s claim, unless, of course, they have complete confidence in his own right.
After the New Year holidays, the man brought a dress and trousers to the Krasnodar dry-cleaner. The dress is by Christian Dior and the pants are by Salvatore Ferragamo. For cleaning them from traces of past fun, he paid 1180 rubles.
Ekaterina Miroshkina
economist
When everything was ready, the client took the things and left. A month later, he returned with complaints: there was a white spot on the red dress, and the trousers were shorter. Things are damaged, you can’t wear them, and the dry cleaner is to blame - give back the money. But, of course, not 1180 rubles, but twice the cost of the dress and trousers - that is, 500 thousand rubles. Also return the cost of services and compensate for moral damage. The dry-cleaner is in shock, the courts have begun.
Why did the dry cleaning client demand so much money?
According to him, dry cleaning ruined things. You can't wear them anymore. According to the law, for this you can demand double the cost of things and compensation for expenses. The man did just that. Christian Dior is not cheap these days - half a million ran up for a dress and trousers. The victim enlisted the support of the consumer protection association and went to court.
If it's legal, why didn't the dry cleaner pay?
When the dry cleaner returned the clothes, there were no complaints from the client. He did not come with questions about the stain and the reduced trousers, not in a week or two. And where is the evidence that this white spot appeared after dry cleaning? Maybe the dress was washed again, and the trousers were ironed incorrectly?
What did the courts say?
If someone undertook to provide services, you need to do it qualitatively. When a customer’s material or thing is used in the performance of some work, the contractor must ensure their safety: he is responsible for this.
If immediately upon acceptance it is clear that a dry-cleaning item is given with flaws, you need to fix this. And if the dry cleaner accepted things without stains and shrinkage, and returned them with defects, you will have to pay the client two prices.
Still it is necessary to return all the money for the services, pay a penalty and a fine, since they did not agree to voluntary compensation.
Here is the conclusion of the examination. It says that the stain on the dress appeared due to the fact that it was rubbed with bleach. And the trousers had shrunk two sizes because they had been ironed too hot. Things are new, wear is only 5-10%.
The consumer's rights have been violated, return the money to him.
Regarding the double cost of things - everything is so. If a thing or material of the customer was taken into work, there is such a type of responsibility as double cost. When a client goes to a dry cleaner, he actually enters into a household contract. There is also consumer protection law.
If something has happened to the item, the dry cleaner or tailor will replace it or pay two prices. But there are rules of domestic service. They say that the consumer must accept the work and immediately inspect the item in front of the performer. If shortcomings are found, they should be immediately reported, an act should be drawn up and everything recorded in it. If the defect is revealed later, because it could not be immediately noticed, then it must be reported within a reasonable time.
Sometimes shortcomings can be claimed even for five years - as with real estate. But this does not apply to things after dry cleaning, and there is another responsibility.
Usually, the seller or performer must prove the absence of guilt. But with the sale of goods or the provision of services in a different way. Both sides must prove this. If the client did not present any claims when picking up the clothes from the dry cleaner, he can still claim compensation. But only if he himself proves that the stain and shrinkage appeared before he accepted the thing.
And this is what we see in this story. Dry cleaning customer picks up on January 12th. In the receipt, he does not indicate the shortcomings - he took it and went. On February 12, he comes to the dry-cleaner with claims and demands two prices for branded items.
The examination showed that the stain appeared from bleach, and the shrinkage of the trousers - from the iron. But the conclusion does not say that all this is the fault of the dry cleaners, and there is no exact date when the problems with the clothes appeared. The client could wear things for a whole month and do anything with them: scrub off stains and iron not according to instructions.
The courts ignored this. Moreover, they forced the dry cleaner to prove that the defects appeared not during the cleaning process, but after. Allegedly, only if he proves, then he may not pay. It is illegal.
Outcome. Court decisions in favor of the dry cleaning client were overturned. The Supreme Court said to sort it out again - the appeal cited the findings of the Supreme Court and ruled in favor of dry cleaning: she will not pay anything for a damaged dress and trousers. And if you have already paid something, everything will be returned to her to the penny.
How to get money if the thing is really spoiled?
If you hand over clothes to dry cleaning or give fabric to a tailor for a suit, ask them to write on the receipt that there are no marriages, defects, stains or wrinkled seams on your clothes and materials.
Indicate the value of the item on the receipt. Or keep a receipt that this is the real Christian Dior. So it is easier to prove the value of the thing, so as not to do it in court.
When you pick up the item, immediately inspect it: for stains and defects that were not or should not be. Immediately, not in a month. In this story, it could well be that the dry cleaner really left the stain, but the man did not check, brought the things home and forgot about them for a month. And when I examined it, I saw the defects, but it was too late. Do not trust beautiful packaging and smiling managers - check the quality of services and your things right away.
If there are defects on the item, write a claim without leaving the cash desk. If not accepted, send by mail. After that, you have every chance to get:
- Two prices for things if the dry-cleaner cannot replace them with the same ones.
- All cleaning expenses.
- Compensation for moral damage.
- Forfeit if not paid immediately.
- 50% fine if the case goes to court.
Or demand that the work be redone. Depending on the requirements, the execution time is 10 days or 3 days. You can’t always demand two prices: it works with a tailor shop and a dry cleaner, but it doesn’t work with a parking lot that didn’t keep track of the car: there is only damage.
But there is a nuance here: dry cleaning could immediately warn you that the sheepskin coat could shed, and the shirt would turn pink due to the nature of the fabric and process. All this can be written in small print on the receipt. Sometimes it happens that a thing is really taken for cleaning, but due to the characteristics of the fabric or dressing, there may be an unpredictable result. You should be warned about this.
If you agree, you will not be able to file a claim. But with a white stain from bleach on a dress and trousers reduced due to improper ironing, this will not work: these are obvious defects due to improper cleaning and ironing. The main thing here is to present claims in time. If the client had not waited a month, he would now have two dresses from Dior and two pairs of new trousers from Ferragamo.
Situations when dry cleaning ruined a fur coat or coat are not isolated. Of course, the culprit will want to avoid responsibility. But, the legislation provides many opportunities that will force the organization to compensate for the damage caused. The main thing is to correctly argue your claims.
Responsibility of a dry cleaner for a damaged item
Important! It should be borne in mind that:
- Each case is unique and individual.
- Careful study of the issue does not always guarantee a positive outcome of the case. It depends on many factors.
To get the most detailed advice on your issue, you just need to choose any of the proposed options:
Legislation establishes liability performers providing domestic services. For example, if a garment is lost, the household business is required to return a similar item to the consumer or refund twice the cost plus cleaning costs.
Entering phrases into the receipt-contract, according to which responsibility, risks are completely shifted to the owner, are unacceptable. Such persons face administrative liability in the form of a significant fine.
So, if a thing is spoiled in a dry cleaner, the consumer can complain to the territorial bodies of Rospotrebnadzor, which will record an administrative violation. Officials they will contribute a thousand or two rubles to the state treasury, and the enterprise itself is threatened with fines and more serious - in the amount of twenty thousand rubles. But we'll talk about that in the next section.
What to do if your item is damaged at the dry cleaners
Well, you have ruined a thing in dry cleaning, and you do not know where to start and what to do? Let's analyze the order of necessary actions from the very beginning:
Resolving conflict verbally
First you need to talk to the manager and explain your requirements verbally. The argument will be the receipt that was issued when placing an order for the provision of services. The document must contain information about:
- legal address of the organization, its contacts;
- Full name, contacts of the customer (client);
- the type of service provided;
- name, detailed description of the thing (even fittings are described);
- time of completion;
- day of acceptance of the order;
- cost of services, mark of payment, advance payment;
- Full name, signature of the person who accepted the order;
- customer's signature.
The latter indicates that the owner is warned about possible risks. Often, all customers are provided with a “universal” receipt for signature, in which it is written in small print that the customer has been informed of the possible damage to clothes.
Such a signature is the main argument of the performer. Therefore, if the thing was spoiled in dry cleaning, the claim of the victim remains unsatisfied. But, is it legal to refuse?
Not really. According to the provisions Civil Code a receipt is one of the varieties of the accession agreement. That is, the consumer can use the services (in our case, dry cleaning) only by agreeing to the terms of the contractor. At the same time, civil law provides that this agreement cannot restrict the right of citizens to protect their interests. Thus, the presence of standard phrases on the receipts about a possible risk does not exclude the liability of the contractor if a down jacket, fur coat, jacket or coat is spoiled in dry cleaning.
Making a claim
But since you are reading this article, most likely you have already passed point number 1, and it was not possible to amicably resolve the conflict with dry cleaning. Therefore, we proceed to the next stage - we draw up a written claim. You can download a sample claim for dry cleaning here -. Detailed description drawing up such a document you will find below, in the next section - "Sample".
This claim must be submitted by registered mail or hand it over to the head of dry cleaning against signature.
Making a complaint
It should be noted that a complaint can be filed in the traditional way - in writing to the official address of the organization responsible for your city (or district) or online on the regulator's website. At this link you will find a form for filing a complaint for residents of the Moscow region - //77.rospotrebnadzor.ru/index.php/upravlenie/priemnaya/forma. If you live in another region of the Russian Federation, then simply select the appropriate city on the Rospotrebnadzor website. Below are the fields that you have to fill out on the site.
Court
Together with the decision of Rospotrebnadzor, a statement to the court is ready, we are attaching all the materials to the claim and submitting it to the court for dry cleaning.
Sample complaint letter for damaged item
A damaged item is issued in dry cleaning only after drawing up an act on the defects found. If the performer refuses to draw up a document, it is not worth picking up defective clothes. A complaint to Rospotrebnadzor will make the representatives of the enterprise more accommodating.
The resulting act is submitted to the dry-cleaner for a damaged item, a sample will help to draw it up correctly. Although there is no strict form for the document, there is general rules design. The paper displays:
- name of the performer;
- the essence of the conflict;
- statement of one's position;
- an offer to make amends;
- date, client's signature.
The document is drawn up in two copies. One sample of a claim to a dry cleaner about a damaged item is handed over to the contractor, the second is kept by a citizen. If the representative of the organization refused to mark the receipt or did not want to receive the materials at all, they can be sent by registered mail. The postage receipt should be kept by the injured party.
Consumer rights are governed by the current provisions of the Consumer Protection Law. Thus, according to section 35 of the LOZPP, in a situation where the client discovers that the dry-cleaner ruined his item, he may require one of the following requirements to be met:
- Return the cost of the damaged item in double the amount;
For example, a dry-cleaned coat cost 5,000 rubles; if it is damaged, the dry cleaner is obliged to return 10,000 rubles to the client.
- Refund the full cost of cleaning.
If, when picking up a thing from dry cleaning, you find incomprehensible stains, stains, worn elements (which were not there) or holes on it, the following actions should be taken:
- Refuse to sign the receipt, which states that there are no claims from the client to the quality of the service provided;
- Demand to draw up an act that lists the identified defects (consequences of poor-quality cleaning);
- The claim should also indicate how much the damaged thing costs and which of the requirements, on the basis of Article 35 of the Consumer Rights Protection Law, must be satisfied.
If the consequences of poor-quality cleaning are discovered after the client has taken the item and signed the receipt for the absence of a claim, do not despair.
According to current legislation, the client retains the right to receive monetary compensation even after dry cleaning, but on the condition that they discovered hidden flaws that were not possible to reveal during a superficial inspection of the item during fitting.
For example, some time after dry cleaning, the fur on a fur coat began to crumble rapidly, leaving bald patches. The reason for this was the use of inappropriate chemical composition for cleaning fur products.
What to do if the dry cleaner denies fault
A fairly common situation is when, in response to a client's demand to return money for poor-quality cleaning, a company employee receives an unambiguous refusal. In this case, The client should take the following actions:
- Send a damaged item for a commodity examination using the services of one of the private companies in the city;
- Make sure you keep your receipt.
- Be sure to keep your receipt. If the examination reveals that the defects appeared as a result of poor-quality work on cleaning the product, then the dry cleaner will have to reimburse you for the costs of the examination.
- If the dry cleaner's fault is confirmed, the next step is to process and file a claim.
Drawing up a claim
If the fault of the dry cleaner is nevertheless confirmed, you should proceed to drawing up a claim addressed to the director of the enterprise specializing in cleaning things.
The claim petition must be drawn up in the format of two copies, one of which will be submitted for consideration to the administration of the cleaning company, and the second, with a mark of receipt, will remain in the hands of the applicant.
As for the content of the document, when compiling it, the following information should be indicated:
- Description of the identified defects on the item;
- Description of the item before dry cleaning;
- Indication of the presence of appropriate markings on things, according to which it can be cleaned with chemical compounds.
In addition, it should be mentioned in the claim that when receiving the item, the dry cleaning employee did not warn about possible damage to the item due to chemical exposure to it.
- Requirements for dry cleaning with reference to Articles 29 and 35 of the Consumer Rights Protection Law;
- Enumeration of the list of attached documentation confirming what is described in the main part (a photocopy of the receipt and the results of the conducted commodity examination, payment documents for the thing itself, etc.);
- date and personal signature the applicant.
Going to court
If after 10 days there is no response from the dry cleaner or she refuses, you should proceed to the next step - filing a lawsuit in court.
In addition to the drawn up statement of claim, the client will need to take care of the collection required list documentation, namely:
- Receipt from dry cleaning;
- The act of acceptance and transfer of things;
- A check confirming payment for the service;
- Payment documents for the thing itself, confirming its value;
- A photocopy of the claim confirming the client's attempt to resolve the situation at the pre-trial stage.
As a claim, the plaintiff has the right to indicate:
- Compensation for material damage (damage to things) in a double amount;
- Compensation for self-conducting merchandise expertise;
- Penalty and penalties for additional expenses that the client had to bear.
How should a receipt be issued?
In order to avoid problems with the return of money for an item damaged in dry cleaning, you should carefully read the receipt that is issued at the time of receiving the item. So, it should contain the following information:
- Legal address of the dry cleaner;
- Details of the client (name, address, contact phone number);
- Type of service provided;
- The name of the product to be cleaned, including a description of its color, composition, accessories, completeness, stains and streaks that should be eliminated;
- The date of receipt and the period during which the order will be executed;
- Service cost;
- Signature of the seller and the employee at the reception point.
Experience as a lawyer since 2003. Graduated from the Moscow State Open University with honors. Specialization - protection of consumer rights.
Claim
about the improper provision of dry cleaning services and the payment of the amount of material damage
concluded an agreement with ……………………………………………………………………….
(name of dry cleaner)
cleaning ……………………………………………………………………………… to eliminate
(name of dry-cleaned product)
which is confirmed by the presence of a cash (commodity) check for the amount of ……………….. rubles and receipt of acceptance No. ……………..…
Prior to contacting …………………………………… the product was not cleaned.
(name of dry cleaner)
“…..” ………….. 20…. when accepting the work were discovered limitations: ……………………………………………………………………………………………..……….
At my request ……………………. was left to eliminate the discovered
(product name)
“…..” ………….. 20…. upon re-admission, it was found that they had not been eliminated former shortcomings…………………………………….……………… and appeared new flaws
Accept …………………………… I refused.
(product name)
In accordance with.1. Article 35 of the Law of the Russian Federation "On Protection of Consumer Rights" when full or partial loss (damage) of material (thing) accepted from the consumer, the contractor is obliged within three days to replace it with a homogeneous material (thing) of similar quality and, at the request of the consumer, to manufacture a product from a homogeneous material (thing) within a reasonable time, and in the absence of a homogeneous material (thing) similar quality - reimburse to the consumer twice the price of the lost (damaged) material (thing), as well as expenses incurred by the consumer.
Price..………………………… according to the sales receipt ……………….….. rubles.
(product name)
In connection with the above, I demand compensation:
1. Double price damaged..………..……………………………….. in size
(product name)
2. Expenses to pay for dry cleaning
In accordance with Art. 22 of the Law of the Russian Federation "On Protection of Consumer Rights", about your decision, please notify me at the above address within 10 days.
In case of refusal to voluntarily satisfy my legal requirements, I will be forced to apply to the court with a claim for enforcement of:
- double cost damaged ..………..……………………………….. ;
(product name)
— expenses to pay for dry cleaning;
— expenses to pay for an independent examination;
— expenses to pay for the services of a lawyer;
— expenses to pay court costs;
- a fine to the state revenue in accordance with paragraph 6 of article 13 of the Federal Law "On Protection of Consumer Rights" for non-compliance with the voluntary procedure for satisfying consumer requirements.
- A copy of the receipt for the provision of services (dry cleaning),
- A copy of the sales receipt for the product.
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For a damaged item, the dry cleaner will pay double
- Where is the hole? She was here!
How to secure your favorite fur coat or sheepskin coat by taking it to dry cleaning? What to do if an item is damaged? We understand the example of stories sent by our readers
Shedding - no one answers.
Irina decided to dry-clean her dark green sheepskin coat, bought in a company store. The receptionist began to fill out a receipt, in which Ira was immediately embarrassed by the point: the dye is unstable, the dry cleaner is not responsible for the disruption. The client was surprised: the thing is expensive, branded, why did you get the idea that the dye is weak? “This is a standard receipt, we always write like that,” the receptionist answered without batting an eyelid.
The dry cleaning receipt is not a multi-page contract, so many customers, thank God, read it before signing it. The receptionist often tries to “hush up” the questions that arise, reassuring: this is an approved standard, this is how they always write, etc.
Most often, the tricks are hidden in the following points:
Description appearance things.
Usually, the receptionist fully underlines the standard phrase: general dirt, road dirt, creases, scuffs, stains, etc.
Keep in mind: such a “picturesque” set indicates considerable wear and tear of the item, and if the clothes are damaged, the amount of compensation will be less. On the other hand, attributing unnecessary pollution, you can be bred for money: general cleaning of such a “grimy” thing in the price list is more expensive than removing a couple of spots on an almost new jacket.
Tip: insist that non-existent dirt, defects (scuffs, creases, etc.) be crossed out on the receipt. But let them add the location of the main stains - so that they do not “forget” about them when cleaning.
A warning that damage to the item is possible, for which the dry cleaner is not responsible.
Usually the receipt reads: "The client is warned that the dry cleaner is not responsible for defects resulting from poor-quality workmanship of the item, the absence of marking or its unreliability." Under this, whitish spots are written off (they say that the dye was initially unstable), and shrinkage by several sizes (they say, the skin is of poor quality), and other defects.
At one's own risk
In fact - by law - dry cleaning is exempted from liability only in two cases:
a) if the client is warned about the specific special properties of the thing and their possible manifestations during cleaning. That is, it should not be a general standard phrase (see above), but a reasonable entry relating specifically to your clothes.
You have the right to demand an explanation: why is the receptionist sure that the branded sheepskin coat has an unstable dye, and the down jacket has a “dumb” sizing? If there is no marking - one thing, the suspicions are justified. If dry cleaning is directly prescribed on the label, then knowingly indicating its harmful effects is unjustified (unless, of course, a strength test was done with you);
b) if the thing has deteriorated due to hidden defects that could not be detected during proper acceptance. Example: the receptionist carefully studied the label, the dry cleaner did not violate the labeling requirements, but lumps formed inside the jacket.
ON A NOTE
According to the Rules of Consumer Services for the Population, the composition, completeness and fittings must be indicated in the receipt when describing the item. Make sure that this column is filled in if you donate clothes with detachable details: a belt, a hood, a collar, etc. There are cases when these elements were lost and dry cleaners tried to get away: they say, you handed over a coat (jacket, sheepskin coat) without them .
How to get compensation?
Tatyana handed over her muton fur coat to the dry cleaner. The husband took away, and only at home the girl found corroded fur near the sleeve and several holes in the lining. What to do?
If you notice damage to an item right away, don't pick it up from the dry cleaners. Request that you draw up an act indicating the defects found. Such a document is drawn up in two copies, one remains in the dry cleaners, the second you take for yourself. You can make a claim immediately on the spot or prepare it at home and bring it later.
If defects are not immediately noticed, do not worry: by law, the affected consumer has the right to submit their claims within a reasonable time within two years after acceptance of the work.
- indicate when and in what condition the item was handed over for dry cleaning;
- describe the damage that you found when returning the item;
- note that the clothing was properly labeled for dry cleaning; the receiver did not conduct any tests and tests confirming the hidden defects of the thing and the danger of cleaning. Thus, you were not reasonably warned about damage to clothes as a result of cleaning;
- in connection with the fact that the service was provided to you inadequate quality, resulting in irreversible damage to things, on the basis of Art. 35 of the Law "On Protection of Consumer Rights" you demand:
- refund of the cost of cleaning;
- reimbursement of double the price of the damaged item;
- remind you that by law your request must be fulfilled within 10 days.
Lost the jacket.
Marina bought a suede jacket in Italy. I threw away the check a long time ago. I handed it over to dry cleaning, came to pick it up - they lost the jacket! There were problems with the payment of compensation - there is neither a check nor the thing itself, how to find out the price?
Experts will help. Submit a statement with a detailed description of the missing item and a request to determine its average market value to the appraisers at the commodity examination bureau. Present the resulting conclusion to the dry cleaners and demand compensation for the damage in the amount of twice the price of the lost item.
THIS WILL BE USEFUL!
What will make the receptionist more accommodating
If they are rude to you, refuse to objectively describe the item being handed over on the receipt, do not want to draw up an act on damage, demand that you immediately issue a complaint book.
Very often, such a requirement in itself stimulates dry-cleaners to be more attentive to the requirements of the client.
By the way, you can also enter a claim in the book of complaints if you refuse to accept a separate application.
If they don't even give you a book, remind the cleaning agent that a refusal to issue a book of complaints is recognized. administrative offense. The fine under the relevant article is up to 30 thousand rubles.
You can also call for help from Rospotrebnadzor - the coordinates of its unit in the area where the dry cleaner is located will be reported to the reference prefecture.
Who is guilty?
To determine the cause of damage to a thing - a hidden manufacturing defect or hacky work of dry cleaning - an independent examination is carried out. Ask the dry cleaner to pay for it. If they refuse, hand over the damaged clothes for examination yourself. If violations are confirmed, the dry cleaner will be obliged to reimburse you for the costs of the examination. If a manufacturing defect is found and no more than two years have passed after the purchase, then all claims are addressed to the store.
BY THE WAY
The price of the damaged item is confirmed by checks - cash or commodity. If they are not preserved, indicate the cost from memory, and in case of doubt, an appraisal examination is carried out.
WHAT TO DO IF YOUR ITEMS ARE DAMAGED IN THE LAUNDRY CLEANER?
During dry cleaning, the item may shrink, shed, tear, etc. If a dry-cleaner spoiled a thing for you, we recommend that you follow the following algorithm.
Step 1. Determine if there are grounds for a dry cleaner to be liable for damage to your item.
The fact of warning you about the special properties of the transferred item may be confirmed by a receipt for the item to be dry-cleaned or other documents that you signed when you handed over the item to the dry-cleaner.
Ignorance of the special properties of a thing does not relieve dry cleaning from responsibility (clause 12 of the Rules, approved by Decree of the Government of the Russian Federation of 15.08.1997 N 1025).
Grounds for the release of dry cleaning from liability
- defects detected when the product was received for dry cleaning;
- manifested hidden defects resulting from a violation of the technology of using the adhesive method of fastening parts when sewing products from textile materials, sheepskin, leather, fur, suede, etc. and improper care of the product during operation;
- old, stubborn stains from paint, mold, silicate glue, insecticides, inks, pastes for ballpoint pens and oils on products from fabrics of all kinds, from natural suede and reversible sheepskin;
- change in color shade and different shades in places of greatest wear of products made of sheepskin, velor, suede, leather, etc., treated with dye solutions after dry cleaning;
- partial loss of pile from the surface of products made of artificial velvet and velor;
- etching on products from road dirt;
- whitish stripes and abrasion in places of greatest wear (cuffs and folds of sleeves, side seams) on products made of dyed sheepskin, natural and artificial suede, polyester fiber;
- yellowness and discoloration resulting from prolonged exposure to sweat, chemical substances, atmospheric conditions, and on light fur products, in addition, from the natural aging of the hairline, manifested after dry cleaning;
- fuses, yellowing and whitish patches caused by improper ironing at home or during the production of the product and manifested after dry cleaning;
- violation of the integrity of products, as well as the descent of loops on knitwear as a result of prolonged wear or in places of damage by moth larvae or cigarette ash, which appeared after dry cleaning;
- creases and delaminations on products made of duplicated textile materials, formed during long-term operation;
- streaks formed during the processing of products with aqueous solutions at home.
Step 2. If there are grounds for the dry cleaner's liability for damage to your item, file a claim with the dry cleaner.
Submit your complaint directly to the dry cleaners. On the second copy of the claim, the representative of the dry cleaner must put down the date of its receipt, his last name, first name, patronymic, signature, position. If the performer is an organization, then a stamp or seal is also affixed. Claims can be sent by mail to legal address dry cleaning by a valuable letter with a list of attachments with a return receipt.
Be sure to save the second copy of the claim with a note of receipt by the contractor if the claim was delivered personally, or the mail notification of receipt of the claim - in case you have to defend your case in court.
Step 3. Wait for the dry cleaner to fulfill your request within the specified time.
The consumer's requirements for the elimination of deficiencies are fulfilled within a reasonable time, appointed by the consumer, which is determined according to the contract or other documents signed between the dry cleaner and the consumer. If the deadline is not set in the documents, the requirements must be fulfilled within the time period specified in the consumer's claim.
Step 4. In case of non-fulfillment or delay in the fulfillment of your requirements by the dry cleaner, file a claim with the court.
- free of charge to eliminate the shortcomings of the work performed;
- reduce the price of the work performed accordingly;
- within three days, replace the damaged item with an item of similar quality, and in the absence of such, reimburse twice the price of the lost item, as well as the costs incurred by you;
- reimburse the costs incurred to eliminate the shortcomings of the work performed on their own or by third parties;
- fully compensate for losses caused due to shortcomings in the work performed.
Attach to the statement of claim, in particular, the following documents (Article 132 of the Code of Civil Procedure of the Russian Federation):
- a receipt for the delivery of things to dry cleaning;
- a claim against a dry cleaner;
- dry cleaner's response to your claim (if any);
- calculation of the amount of the claim;
- other evidence supporting your claims;
- copies of the statement of claim with attachments according to the number of persons participating in the case.
Step 5. Take part in court hearings.
During the consideration of the case, the court may, at your request, appoint a forensic examination, the results of which in most cases are taken into account by the court when making a decision on the case (Article 79 of the Code of Civil Procedure of the Russian Federation).
To resolve a litigation, you may need qualified legal assistance from a specialist, the cost of which, depending on the complexity of the case, the amount of the claim and other factors, may be significant. In the case of representing your interests in court, a notarized power of attorney for a representative may be required (Articles 185, 185.1 of the Civil Code of the Russian Federation; Part 2 of Article 53 of the Code of Civil Procedure of the Russian Federation).
If the claim is satisfied, the court, at your request, may fully or partially recover from the defendant in your favor court costs, including the costs of paying for the services of a representative (part 1 of article 98, part 1 of article 100 of the Code of Civil Procedure of the Russian Federation; paragraph 2 , 4 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 01/21/2016 N 1).
Payments of penalties and fines made to citizens in connection with violation of consumer rights are not exempt from personal income tax. The monetary compensation paid for moral damage is not taxed (clause 7 of the Review of the practice of considering court cases related to the application of chapter 23 of the Tax Code Russian Federation(approved by the Presidium of the Supreme Court of the Russian Federation on October 21, 2015)).
Sample claims and complaints about dry cleaning for a damaged item
Situations when dry cleaning ruined a fur coat or coat are not isolated. Of course, the culprit will want to avoid responsibility. But, the legislation provides many opportunities that will force the organization to compensate for the damage caused. The main thing is to correctly argue your claims.
Responsibility of a dry cleaner for a damaged item
The legislation establishes the material liability of performers providing personal services. For example, if a garment is lost, the household business is required to return a similar item to the consumer or refund twice the cost plus cleaning costs.
Entering phrases into the receipt-contract, according to which responsibility, risks are completely shifted to the owner, are unacceptable. Such persons face administrative liability in the form of a significant fine.
So, if a thing is spoiled in a dry cleaner, the consumer can complain to the territorial bodies of Rospotrebnadzor, which will record an administrative violation. Officials will contribute a thousand or two rubles to the state treasury, and the enterprise itself is threatened with fines and more serious - in the amount of twenty thousand rubles. But we'll talk about that in the next section.
What to do if your item is damaged at the dry cleaners
Well, you have ruined a thing in dry cleaning, and you do not know where to start and what to do? Let's analyze the order of necessary actions from the very beginning:
Resolving conflict verbally
First you need to talk to the manager and explain your requirements verbally. The argument will be the receipt that was issued when placing an order for the provision of services. The document must contain information about:
- legal address of the organization, its contacts;
- Full name, contacts of the customer (client);
- the type of service provided;
- name, detailed description of the thing (even fittings are described);
- time of completion;
- day of acceptance of the order;
- cost of services, mark of payment, advance payment;
- Full name, signature of the person who accepted the order;
- customer's signature.
The latter indicates that the owner is warned about possible risks. Often, all customers are provided with a “universal” receipt for signature, in which it is written in small print that the customer has been informed of the possible damage to clothes.
Such a signature is the main argument of the performer. Therefore, if the thing was spoiled in dry cleaning, the claim of the victim remains unsatisfied. But, is it legal to refuse?
Not really. According to the provisions of the Civil Code, a receipt is one of the varieties of an accession agreement. That is, the consumer can use the services (in our case, dry cleaning) only by agreeing to the terms of the contractor. At the same time, civil law provides that this agreement cannot restrict the right of citizens to protect their interests.
Thus, the presence of standard phrases on the receipts about a possible risk does not exclude the liability of the contractor if a down jacket, fur coat, jacket or coat is spoiled in dry cleaning.
Making a claim
But since you are reading this article, most likely you have already passed point number 1, and it was not possible to amicably resolve the conflict with dry cleaning. Therefore, we proceed to the next stage - we draw up a written claim. You can download a sample claim for dry cleaning here - Claim for damages. A detailed description of the preparation of such a document can be found below, in the next section - "Sample".
This claim must be sent by registered mail or handed over to the dry cleaning manager against signature.
Making a complaint
If the claim did not have any effect and the dry cleaner refused you or simply ignored you, we proceed to the third stage - a complaint to the supervisory authorities. In our case, this is Rospotrebnadzor. You can download a sample complaint here - Complaint to Rospotrebnadzor.
It should be noted that a complaint can be filed in the traditional way - in writing to the official address of the organization responsible for your city (or district) or online on the regulator's website. At this link you will find a form for filing a complaint for residents of the Moscow region - //77.rospotrebnadzor.ru/index.php/upravlenie/priemnaya/forma. If you live in another region of the Russian Federation, then simply select the appropriate city on the Rospotrebnadzor website. Below are the fields that you have to fill out on the site.
Together with the decision of Rospotrebnadzor, a statement to the court is ready, we are attaching all the materials to the claim and submitting it to the court for dry cleaning.
Sample complaint letter for damaged item
A damaged item is issued in dry cleaning only after drawing up an act on the defects found. If the performer refuses to draw up a document, it is not worth picking up defective clothes. A complaint to Rospotrebnadzor will make the representatives of the enterprise more accommodating.
The resulting act is submitted to the dry-cleaner for a damaged item, a sample will help to draw it up correctly. Although there is no strict form for the document, there are general design rules. The paper displays:
- name of the performer;
- the essence of the conflict;
- statement of one's position;
- an offer to make amends;
- date, client's signature.
The document is drawn up in two copies. One sample of a claim to a dry cleaner about a damaged item is handed over to the contractor, the second is kept by a citizen. If the representative of the organization refused to mark the receipt or did not want to receive the materials at all, they can be sent by registered mail. The postage receipt should be kept by the injured party.
Standard samples of documents
Report on found defects
Complaint to Rospotrebnadzor
Damage claim
lawsuit
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