The dry cleaner ruined the item. What are your actions in this case?

If a consumer receives a damaged item at a dry cleaner , then, according to the PPA, he has the right to make a claim against the organization, because its activities are interpreted as “services to the population.” As an exception, before acceptance, a dry cleaning employee can explain what stains will remain, whether the product is deformed or not, and whether the threads can “crawl.” If, after the warning, the consumer still agrees to cleaning, then damage to the item will no longer be “on the conscience” of the employee, but not always.

Normative base

Contacting a dry cleaner is a justifiable action when it is not possible to remove a stain on clothing or restore it to its original condition using available home remedies.
As a rule, items that are sent for cleaning include expensive items, such as:

• fur coats;
• sheepskin coats;
• Leather Products;
• jackets and suits;
• products made of wool and combined textiles.

The number of such organizations is growing every day. But the services they provide are not always of high quality and fully satisfy the consumer’s requirements.

Very often, situations arise when damaged clothes are returned to a client, and then the question arises: what should the consumer do if the item was damaged at the dry cleaner? In order to give the correct answer, let's consider the situation in detail.

There are several regulations that will help deal with the current situation, namely those governing legal relations in this area:

1. Civil Code of the Russian Federation dated November 30, 1994 No. 51-FZ, namely Chapter 37 “Contracting” § 1, § 2 (hereinafter referred to as the Civil Code of the Russian Federation);
2. Law of the Russian Federation dated 02/07/1992 No. 2300-1 “On the protection of consumer rights”, namely Art. 27-35 (hereinafter ZPPP);
3. Decree of the Government of the Russian Federation of August 15, 1997 No. 1025 “On approval of the Rules for consumer services to the population in the Russian Federation” (hereinafter referred to as the Rules).

All of these acts contain rules that help restore the rights of a citizen if clothes were damaged at a consumer service enterprise.

In addition, Letter of Rospotrebnadzor dated 03/07/2006 No. 0100/2473-06-32 “On clarification of certain provisions of the current legislation” explains that any activity of enterprises aimed at cleaning clothes should be considered as work on the appropriate processing of clothes, and not a service. Therefore, all issues related to the maintenance of an item are usually regulated by the provisions of the PPA.

Problem #1: Stains from residual cleaning solution

The classic dry cleaning procedure consists of 3 stages. First, the master removes stains with a stain remover, then sprays a cleaning solution onto the upholstery or carpet (prespray method), and after 5-30 minutes rinses the textiles/lint with water and rinse aid using an extractor.

Image source - ispf.co.in

Some specialists carry out 2-stage extractor cleaning, using a washing vacuum cleaner not only to wash the carpet or upholstery, but also to apply shampoo.

If the dry cleaner “saves” water (or uses a low-power extractor with low suction power) and does not rinse the fabric or pile thoroughly enough, a certain amount of detergent will remain in the structure of the material. After the moisture evaporates, precipitated salts and poorly soluble substances will be fixed on the fibers, which will be visually perceived as stains or colored stains.

Important: chemical crystals make textile fibers less strong and elastic, gradually corroding dyes.

How to prevent “no home washing”. When carrying out washing, the technician should focus on the quality of the liquid drawn out by the extractor, which ends up in the tank for “working off”. If dirty water with a large amount of foam enters the container, the procedure must be continued.

What to do if everything has already happened. The problem is solved by thoroughly washing the carpet or upholstery again with an aqueous solution with a high concentration of acidic neutralizing rinse aid. But even after this procedure, stains may remain on surfaces made of acrylic and natural materials.

Image source - mir-svezhesti.ru Order dry cleaning of a sofa with turbo drying in St. Petersburg and the Leningrad region

How are the relations between the client and the company regulated?

To eliminate disagreements, Russian legislation has created several documents that clearly define the relationship between the consumer and the enterprise that processes the products - this is exactly how dry cleaning legislation positions it.
That is why the first document that the consumer should rely on is the law “On the Protection of Consumer Rights”.

The Civil Code of the Russian Federation is another document on the effectiveness of which the injured consumer can count.

Since dry cleaning does provide certain services to the population, Resolution No. 1025 “On approval of rules for household services” is another regulatory document assigning certain responsibilities to the enterprise.

What are you entitled to if an item is damaged or lost?

If we return to the law “On the Protection of Consumer Rights”, it clearly states that it is the enterprise that is responsible to the customer for the safety of the item taken into work.

If during the work the item was damaged or, even worse, lost, the consumer has the right to demand compensation for damage from the dry cleaner.

It could be:

• refund of the cost of the company’s services – in case of minor defects;
• reimbursement of the cost of the item twice as much - if the item is lost or is not subject to further use for its intended purpose.

When making demands, reference should be made to Art. 35 paragraph 1 above the prescribed law.

You can expect to receive compensation only after the dry cleaner’s fault has been fully proven.

Problem #2. Dye or glue “floats”

In the article “6 problems when dry cleaning upholstered furniture” we described 2 common “jambs”. In the first case, excessive wetting leads to partial dissolution and subsequent “migration” of the dye to other areas of the textile. In the second situation, during the water cleaning process, the glue is dissolved, which holds two layers of upholstery together or fixes short pile (flock) on the backing.

When carrying out water cleaning, the master may not notice that the glue or dye is “floating”. Often, a defect is discovered during the drying process several hours after completion of the procedure.

The “migration” of the dye can be easily determined by the partial transition of color from one area of ​​the product to another. “Floating” glue may appear on the surface in the form of brown or yellow areas with stiffer fibers.

How to prevent dye or glue from dissolving. Extreme care should be taken when working with natural tapestry, wool (especially patterned) and flock upholstery. The upholstery should not be over-wetted, and if the water in the nozzle stains, dry cleaning should be completed as quickly as possible. Any products must be pre-tested in inconspicuous areas. Strongly alkaline cleaners and some concentrated organic solvents are prohibited.

What to do if everything has already happened. It is necessary to apply an acidic conditioner in a high concentration of 5-10% to the damaged area with the “floating” dye as quickly as possible, and then remove the remaining product with an extractor and dry with a carpet hair dryer (turbo dryer). “Floating” glue is removed without water using an appropriate solvent.

Image source - alfaclean.by

You need to know this before you take your clothes to the dry cleaner!

So that in a controversial situation the client does not have problems clarifying the relationship, you need to take care from the very beginning to comply with all formalities.

When handing over an item to the dry cleaner, pay attention to filling out the receipt correctly. It must include the following points:

• customer data – full name, phone number, address;
• complete information about the contractor - legal address, details, as a rule, this information is written at the top of the receipt;
• the name of the product being handed over is specified;
• description of the item - color, presence of accessories, complete set and material - do not be lazy to count the buttons, indicate the presence of a belt or a detachable hood;
• Be sure to indicate all defects that cannot be eliminated during the cleaning process;
• type of service ordered;
• additional paid services - if ordered;
• date of acceptance of the product into operation;
• Term of the work;
• It would not be amiss to indicate the cost of the product.

Do not sign the receipt if its text is unclear to you, for example, the receiver indicates that the dye is unstable . This means that as a result of using cleaning reagents, your product may fade.

If you signed it, it means you agree with the rules and after that you won’t be able to prove anything . If the receptionist writes in illegible handwriting and you cannot make out a word, do not hesitate to clarify what exactly is written on the receipt.

Some dry cleaners, trying to be on the safe side, offer customers an agreement to sign, which states that the contractor is not responsible if the product is damaged.

Do not sign such a document under any circumstances - it is at least illegal .
But even if you signed it, you should know that the paper is invalid and, in case of poor quality work, will not become an argument in favor of an unscrupulous dry cleaner.

When is it the owner of the clothing's fault?

There are things that should be taken to the dry cleaner, use various household chemicals, etc. The following fabrics and clothes do not need to be washed at home:

1. Lined items.
2. Products with beads, sparkles and other decorations.
3. Suits, especially made of wool.
4. Elements with complex structures.
5. Very dirty or stained items.
6. Pleated skirts, dresses and trousers.
7. Delicate synthetics, for example, “Rayon”.
8. Items that are made from several types of fabrics.

At home you can wash some “complicated” things that do not necessarily need to be damaged by chloride and toxic substances:

1. Cashmere and wool will last longer if they are hand washed.
2. Sturdier synthetic fibers such as polyester and nylon can be washed by hand or cold water, even using a washing machine.
3. Cotton and linen items that do not meet any of the above criteria: no lining, no details, etc.

If the above-mentioned models of things are subjected to strong steam treatment with the addition of chemicals, it is unlikely that they will return to their original form. In addition, pay attention to the tags: if dry cleaning is prohibited, then so be it. Don’t tempt fate, because no one will return your money for your mistake.

Important! Some establishments use perchlorethylene, known as Perc, instead of solvents. This chemical is released into the air through vents. Ultimately, it pollutes water, damages plants, and causes allergies in animals. Exposure in the short term may cause dizziness, nausea, headaches and fatigue.

Found shortcomings - what to do next?

The customer has every right to compensation for damage resulting from poor quality work on the part of the dry cleaner.
Since the dry cleaner is responsible for the damaged item. The damage was discovered immediately:

1. Do not sign the receipt;
2. Insist on drawing up an act. It must be in two copies. List any damage found.
3. Indicate the cost of the item and demand a double refund; do not forget to request a refund of the cost of the services performed.

It is not always possible to notice damage when receiving an item, but what to do if shortcomings in the work of the dry cleaner were noticed after returning home?

You can also make a claim, but only if the item has hidden defects that were not immediately visible. For example, during wear, the fabric began to unravel due to the use of too strong reagents.

If you want to complain to the contractor about stains or uncleaned stains, you won’t be able to do this - the signature on the acceptance certificate has already been placed.

Even if the contractor does not specify the warranty period, know in accordance with Art. 19 of the Law “On Protection of Consumer Rights” you have the right to file a claim with the dry cleaner within two years. This time is enough to identify all hidden defects.

The quality of a dry cleaner’s work can be assessed after the furniture or carpet has dried.

Many textile and pile materials have a common feature. When wet, they evenly darken by 1-3 tones, and after drying they regain their original color. On damp surfaces, some stains are temporarily lost as clean areas take on a similar hue.

The client sees a uniform color in the upholstery/carpet and is happy with the result. He signs the work acceptance certificate, confirming with his signature that there are no claims against the dry cleaner. But the very next day - when the sofa or carpet is completely dry - the customer calls the contractor or manager and demands to fix the “jambs” or return the money. He states that a few hours after the specialist left, old stains or new stains began to appear on the surface of the product.

Why does this happen and what should a master do in these situations?

Is an examination needed if the item is damaged?

An examination of an item damaged in dry cleaning is required only in one case: if the enterprise does not comply with the requirements.

To protect their interests, the consumer can turn to independent experts to conduct a technological examination. In this case, the dry cleaner must compensate the buyer for all costs of the examination.

During this procedure, the causes of the damage are determined: if they were caused by non-compliance with dry cleaning technologies, then the conclusion serves as the basis for filing a claim and for adjusting further actions.

Another variation: merchandising expertise is required if the buyer does not have a receipt for the goods or if it is necessary to assess the market value of the goods taking into account wear and tear.

Will an examination be required?

If the dry cleaner does not admit guilt, it is necessary to conduct a technological examination to determine whether the item was actually damaged as a result of a violation of the cleaning technology or other unacceptable actions.

During the inspection, it may also be revealed that the manufacturer was at fault and the claim will be forwarded to him.

In addition, a merchandising examination if there is no purchase receipt and it is necessary to find out the cost of the product to calculate compensation.

An explanation of clothing care signs can be found in this article.

Actions to take if items are damaged at the dry cleaners

Before handing over the item to the dry cleaner, the acceptance receipt must be issued in accordance with the rules.

Must be indicated:

• legal address of the organization;
• last name, place of residence, telephone number of the client;
• type of work provided;
• description of the product down to the smallest damage and defects;
• date and time of receipt of the product;
• expected order execution time;
• price for the service provided;
• It is advisable to enter the cost of the item itself;
• list all removable elements from the item (belt, collar, etc.);

It is important to be vigilant and not sign anything on the receipt if something is unclear or incomprehensible. Otherwise, when a claim is made, justice will be on the side of the organization.

The receiver, when assessing an item if it is unsuitable, must warn about all possible consequences. If he did not do this, then in case of damage, the blame falls entirely on the dry cleaning employee.

If a defect is detected on an item:

• you cannot sign the receipt;
• it is necessary to require the drawing up of a bilateral act with a thorough listing of the existing shortcomings;
• the act should indicate the cost of the product in its original form and insist on compensation in double amount;

In the event that the defects were discovered after the customer left the dry cleaner, the right to compensation remains valid only if the invisible defects could not be detected at the time of acceptance of the item. You can request compensation within two years after dry cleaning. During this time, the company is responsible for the services provided. If the damage to the product was caused by chemical treatment, the customer can file a complaint against them.

If the consumer has signed a document stating that he is completely satisfied with the dry cleaning and has no complaints, further proceedings will no longer be justified.

You can receive compensation in the following ways:

• having tried to come to an agreement with the director of the organization;
• by writing a complaint and sending it to the service center;
• by requesting a final report on the activities performed;

The dry cleaner is also responsible for the safety of items. If the product is lost, the company must fully refund its cost or provide the customer with a similar product.

There are cases when an organization tries to avoid liability illegally by falsifying receipts, using force and pressure. The client must not give in to threats; it is necessary to record a case of offense and immediately go to court.

Common mistakes

Mistake No. 1 Transferring clothes without receiving a receipt or concluding an agreement.

Comment : Quite a serious mistake that can become fatal at one moment. There are many situations when scammers, under the guise of dry cleaning, take away expensive items and disappear forever. Basically, such situations happen to those who give the item and do not confirm with the employee that they accepted it. It is imperative to have written proof that the item has been accepted and its condition at a given time.

Error No. 2 When contacting a dry cleaner, they received a poor-quality service; after contacting management, they received a verbal response that compensation would be paid.

Comment : You should not trust the manager orally; consent to compensation must be in writing. In addition, indicate the time frame within which management must pay the damage. This must be done because the oral form cannot be confirmed in any way at the court hearing, and the written form will already be full-fledged evidence in the case.

Filing a claim

If the defects were noticed by the owner of the thing immediately upon its transfer, then he should refuse to sign the act or immediately describe the defects he discovered in the act.

If the defects were discovered after the client left the dry cleaner, then he has the right to file a claim if there are hidden defects. It can be presented within 2 years after the item is handed over from the dry cleaner according to the standards of Art. 19. Law.

If irreversible damage or defects are found in items, the consumer must contact the dry cleaner with a claim. It states the requirement for payment of compensation.

The claim is drawn up in free form addressed to the management of the enterprise. It should briefly outline the circumstances of the incident and the client’s requirements. The claim consists of three parts: descriptive, motivational and final.

The description must include the following information:

• name of the enterprise (dry cleaning);
• Full name of the customer;
• date of conclusion of the contract for the provision of household services;
• description of the service provided;
• number of the receipt received;
• description of damage;
• cost of goods.

The description should also indicate any damage found that makes further wear impossible, the presence of the necessary markings on the product for its processing, and the condition of the item at the time of delivery.

The motivation part must contain an indication of laws and regulations, as well as violated consumer rights.

The final part should contain the customer’s requirements and the deadlines for their fulfillment according to the law. The consumer must also indicate the proposed actions in the event of refusal to satisfy his claim.

The claim must be accompanied by a copy of the receipt or receipt, an expert opinion, evidence of the value of the item (a conclusion on the average market value or a receipt or certificate from the store where the purchase was made).

The claim is drawn up in 2 copies : one of them is handed over to the company, the second with a receipt stamp, delivery date and assigned number is given to the client.

If the dry cleaner refuses to accept the claim, then it is worth sending it by registered mail with an inventory and receipt of receipt. In this case, the postal receipt and delivery receipt must be kept.

Arbitrage practice

In cases where a company refuses to voluntarily compensate for damage caused to a client, the case is often heard in court. It takes a long time for a citizen to achieve this, persistently going through examination services and complaints to the appropriate authorities.

In the course of judicial practice, many cases have been recorded when the court was on the side of the plaintiff. But full satisfaction of requirements does not happen often.

It is worth remembering that dry cleaning may also be exempt from compensation under the law. This can happen:

1. If the item accepted for processing had hidden problems that the receiver did not notice. If the client was also not aware of the existing defects, then the parties remain the same. But when a citizen brings such an item on purpose and starts a conflict in the hope of receiving compensation, he will be convicted by the court for fraud.
2. If the receiver is not sure that the item will not be damaged during processing, he must inform the client about all the existing nuances. If all suspicions are described in the receipt, the client cannot make a further claim against the dry cleaner.

Please note:
To increase the likelihood of a trial outcome in favor of the client, you need to have irrefutable evidence.

It includes:

• availability of receipt and sales receipt;
• the result of the work performed;
• witness statements;
• result carried out by an independent expert.

To sue a company, you need to take into account all the pros and cons. Only in this case you need to start this long and unpleasant business.

The law has such a concept as a statute of limitations for poorly provided services. In other words, claims against contractors should be submitted within the period established by law, but should not be delayed for more than a year.

Where to contact?

Immediately after discovering a defect in the product, the client should try to peacefully negotiate compensation with the management of the dry cleaner. If the option does not satisfy the client’s requirement, his next step is to file a claim and send it to customer service. But, when this does not help, in order to protect their rights, a citizen can contact one of the following authorities:

1. Rostpotrebnadzor. When the issue is not resolved peacefully, a claim against the enterprise can be added to the complaint.
2. Prosecutor's office. During the prosecutor's inspection due to the complaint, a fine is imposed on the dry cleaner and an obligation to compensate money.
3. Court. You can contact the courts immediately, but it is more recommended to leave it for last. During the negotiations, it will be possible to reach an agreement with the enterprise and avoid exhausting legal processes.

The person himself must decide where exactly to turn for help. You can hire a lawyer and follow his recommendations. In any case, the advice of a lawyer will not hurt; guided by his recommendations and professionalism, you can resolve the conflict without litigation. Even if you have to go to court, quality support will help restore justice.

Step-by-step instructions for filing a complaint against a dry cleaner

If the written complaint has no impact on the conflict situation, the citizen can only write a complaint to the supervisory services.

If a complaint is written to Rostpotrebnadzor, you need to do this:

• visit the site;
• to write an application;
• send a complaint;
• await review;

When a complaint is written to the prosecutor's office, you must:

• to write an application;
• send it by registered mail or stamped mail;
• await review;

A complaint to the court is written when there is no satisfactory result from Rostpotrebnadzor and the prosecutor's office . But if the client wishes, he can start immediately with the trial. To do this, a citizen must:

• to write an application;
• send a letter
• wait for the result of the review;

Lack of tags does not exempt you from liability

A controversial situation occurs when tags and any washing signs are missing from the clothes. After receiving the clothes, what you get at the exit may not be exactly what it was before. The dry cleaner ruined the item - what to do in such a situation:

1. First, before the garment is processed, the acceptor must ensure that the fabric can be exposed.
2. Secondly, custom-made items are not designated in any way. These are expensive items of clothing, accessories, jewelry, metal inserts, and silk linings. Don't accept if you're not sure. Once you have completed it, try not to spoil it. In case of damage, a reconciliation report is drawn up and the damage is reimbursed in full.
3. Thirdly, the client is also obliged to agree with the chosen technology. Thus, he will relieve the staff of responsibility for the item.

These laundries usually have a fabric acceptance summary. Possible services are offered regarding the type. If a customer wants to select a specific technology for their clothing, they are notified of possible damage. If he agrees, he takes full responsibility for the entire subsequent process of working with the fabric.

What to do if dry cleaning ruins an item: step-by-step instructions

If defects are discovered after cleaning a jacket, fur coat, dress, or other items, the customer must contact the contractor with a written complaint. If a consumer service company refuses to pay and correct defects, the product is sent for examination, which will help establish the cause of poor cleaning and the fault of the contractor. In this case, the dry cleaner should not have difficulty meeting the client’s requirements. Let's consider the entire procedure in detail.

Step 1 – Making a claim

After inspecting the item and detecting defects, the customer submits a written claim to the contractor. The application must indicate:

• name of the dry cleaner and its address;
• your full name, residential address, telephone number;
• the date of delivery of the item and its condition;
• availability of labels and cleaning recommendations;
• information about verification activities carried out by the contractor;
• description of defects that appeared after cleaning;
• requirements that the contractor must fulfill;
• list of applications;
• date and signature.

The claim is drawn up in two copies, since one must be given to the contractor, and on the second he must put an incoming stamp to confirm the fact of receipt of the application from the client.

To reimburse the cost of an item, you must confirm how much it was purchased for. The client has the right to present a check, an official letter from the seller, a document from the manufacturer, an extract from the current account, an examination report.

Step 2 – Conducting an examination

If the contractor disagrees with the claim, the client can organize a technological examination. A specialist analyzes the damaged item to determine the causes of defects.

An examination may be needed in the following cases:

• the product has changed color;
• the facial layer of skin is cracked;
• the structure of natural leather has collapsed;
• the aesthetic properties of the carpet have been lost
• a stain appeared on the item;
• Clothes have shrinked.

In addition to finding out the reasons for the occurrence of defects, the expert evaluates the damage caused so that in the future the consumer can recover compensation from the dry cleaner for its compensation.

If the client has lost the receipt for the product, a merchandising examination is additionally assigned, which makes it possible to determine its market value taking into account wear and tear.

The customer pays for the expert’s services himself. In the future, he can compensate for the expenses incurred at the expense of the contractor when filing a claim in court for the protection of consumer rights.

Step 3 – Satisfaction of the claim by the contractor

After receiving the results of the examination, the customer re-applies to the consumer service company for compensation for damage and a refund for services.

The Contractor is obliged to return the money within ten days. If the customer has asked for a replacement of a damaged item, the request must be satisfied within three days.

Sample statement of claim against dry cleaning

To Leninsky District Court

Ekaterinburg

Plaintiff:

Respondent:

State duty: exempt from payment on the basis

pp. 4 clause 2 and clause 3 art. 333.36 of the Tax Code of the Russian Federation,

as well as paragraph 3 of Art. 17 of the Law of the Russian Federation “On the Protection of Consumer Rights”

STATEMENT OF CLAIM

on the protection of consumer rights to dry cleaning

On January 31, 2012, a gray sheepskin coat belonging to the plaintiff was handed over to the dry cleaner-laundry “Jaguar”, owned by IP M. The defendant was required to provide dry cleaning and dyeing services for the plaintiff's sheepskin coat. The service was paid for using a Groupon discount coupon 4128872/36691, the cost of which was 950 rubles, and an additional 300 rubles were paid when taking the item to the dry cleaner.

The item was purchased on 01/18/2011. The period for wearing the product is from 01/18/2011 to 03/15-20/2011, from 12/01/2011 to the date of acceptance into the defendant’s organization. Upon acceptance of the product, minor contamination was noted on the bends of the sleeves and in the area of ​​the pockets; the level of wear was determined to be 50%.

When the item was first returned from dry cleaning, the following defects were discovered: the leather of the sheepskin coat became thinner, took on a washed-out appearance, especially in the pocket area, there were brown stains on the cuffs and shoulders, pieces of leather began to differ from each other in color, the texture changed - the “velor” layer was missing " The item acquired an unpleasant odor, the fur on the collar became matted, the collar was wrinkled, and the pockets were bulging. The sheepskin coat has lost its appearance. The plaintiff’s mother received the item from the dry cleaner, but due to her age, poor eyesight and insufficient lighting at the place where the items were picked up from the dry cleaner, she did not notice the above-described shortcomings. The receptionist also took the original receipt and did not provide a copy.

Having discovered defects on the product after dry cleaning, the plaintiff contacted the Defendant again. It turned out that in violation of the terms of service, the sheepskin coat was not painted. The item was taken back for painting. The deadline for readiness was determined to be 03/07/2012, in fact the deadline turned out to be 03/13/2012. The plaintiff also requested a receipt, and she was given a copy.

When the item was returned again, shortcomings were also discovered: the sheepskin coat was painted dark brown, while the item’s own color was gray - the plaintiff did not give consent to change the color, some areas of the item were not painted, the dyeing was done unevenly, parts of the item differ from each other color, the skin has lost its softness, there are creases on the forearms. As a result of dry cleaning and painting, the item was irreversibly damaged. I believe that the item was not painted at all in the end.

In connection with the above, on March 28, 2012, the plaintiff sent a claim to the management of the dry cleaning company, IP Myltsev D.V., with demands to return the cost of poor-quality service provided in the total amount of 1,250 rubles, and to reimburse double the cost of the damaged item in the amount of 50,726 rubles 30 kopecks (the price of a sheepskin coat is 25,363.15 rubles).

In response to the plaintiff’s claim, the defendant did not acknowledge the demands and voluntarily refused to satisfy them. He also expressed an opinion about the suitability of the item and the performance of the service in accordance with GOST. The plaintiff turned to the “Corporation of Independent Experts” to conduct commodity research in order to establish the compliance/non-compliance of the appearance of the sheepskin coat after dry cleaning with the requirements of technical standards. In the conclusion of a specialist expert dated December 2, 2012, it was concluded that based on the results of the study, taking into account the pronounced heterogeneity of the coloring of the product, the dry cleaning and painting services provided do not meet the requirements of GOST R 51108-97.

In accordance with Art. 4 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the contractor is obliged to perform work, provide a service, the quality of which corresponds to the contract, in the absence of conditions in the contract on the quality of work, service, the contractor is obliged to perform work, provide a service suitable for the purposes for which the work, This type of service is commonly used.

When accepting the plaintiff's sheepskin coat for dry cleaning, the defendant did not warn the plaintiff about all the necessary special properties of the sheepskin coat, which could lead to its complete or partial loss (damage). Chemical cleaning must be carried out without violating the requirements of GOST R 51108-97. However, these requirements were violated. In particular, clause 5.2 – the presence of the smell of solvent and stain removers, clause 5.3 – the color and original shape of the product are not preserved, clause 5.4 – there are creases on the product, clause 5.7 – the product made of natural fur has not retained its original shape and shine .

Thus, I believe that the defendant should compensate twice the price of the damaged item.

USEFUL: watch the video and find out why it is better to draw up any sample claim or complaint with our lawyer, write a question in the comments of the video, subscribe to the YouTube channel

According to Art. 29 of the Law “On the Protection of Consumer Rights”: “the consumer has the right to refuse to fulfill the contract for the performance of work (provision of a service) and demand full compensation for losses if, within the period established by the specified contract, the shortcomings of the work performed (service provided) are not eliminated by the contractor. The consumer also has the right to refuse to fulfill the contract for the performance of work (provision of a service) if he discovers significant deficiencies in the work performed (service provided) or other significant deviations from the terms of the contract.”

Since IP Myltsev did not fulfill his obligations for high-quality dry cleaning and painting, to eliminate deficiencies after my appeal, I consider it possible to refuse to fulfill the contract and demand reimbursement of the cost of the service and double the cost of the sheepskin coat. The claim with the specified requirement was transferred to the defendant on March 28, 2012. By letter dated April 11, 2012, the defendant denied my demands.

Consequently, at present the amount of the penalty is equal to the amount of the order, namely 1,250 rubles.

Based on the above, guided by art. 4, 7, 15, paragraph 1, Art. 35, paragraph 6 of Art. 13 of the Law of the Russian Federation “On the Protection of Consumer Rights”, paragraph 1 of Art. 732 of the Civil Code of the Russian Federation, Art. 98, 100 of the Civil Procedure Code of the Russian Federation, paragraph 46 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2012 N 17 “On the consideration by courts of civil cases in disputes regarding the protection of consumer rights”

Ask:

1. To recover from IP Myltsev D.V. in favor of Sh. double the price of a sheepskin coat in the amount of 50,726 rubles 30 kopecks.
2. To recover from IP Myltsev D.V. in favor of Sh. the cost of poor-quality services provided in the total amount of 1250 rubles.
3. To recover from IP Myltsev D.V. in favor of Sh. for compensation for moral damage in the amount of 20,000 rubles.
4. To recover from IP Myltsev D.V. in favor of Sh. the costs of paying for the services of a representative in the amount of 10,000 rubles, the costs of paying for a commodity examination in the amount of 1,500 rubles, the costs of drawing up a notarized power of attorney in the amount of 1,000 rubles.
5. To recover from IP Myltsev D.V. in favor of Sh. a penalty in the amount of 1,250 rubles.
6. To recover from IP Myltsev D.V. in favor of Sh. a fine in connection with his failure to voluntarily fulfill consumer requirements in the amount of 25,363 rubles 15 kopecks

Date, signature

Attention: watch a video on the topic - how to protect your consumer rights, and also subscribe to our YouTube channel so as not to miss useful information and the opportunity to consult a lawyer for free:

We are making a claim. Sample

A claim to a dry cleaner for a damaged (lost) item must contain the following information:

1. A descriptive part consisting of the following data:
   name of the enterprise in whose name the document is drawn up;
2. applicant’s data, namely full name, residential address, contact telephone number or other means of communication;
3. date of delivery of the item for cleaning;
4. details of the receipt or contract;
5. the period allotted for the execution of the service;
6. service cost;
7. full description of the paid service;
8. identified deficiencies, as well as signs of damage;
9. The motivational part containing references to current regulations, namely Art. 10, 14, 35 of the Law of the Russian Federation, Rules, as well as the Civil Code of the Russian Federation;
10. The final part, consisting of:
    put forward consumer requirements;
11. deadline for satisfying demands;
12. information about readiness to transfer the case to court if the requirements are not met.

The claim is drawn up in two copies, one of which is presented to the organization, the second with a receipt stamp must be kept with the client.

Subsequently, this document will be one of the evidence in court. If a representative of a consumer service organization refuses to receive the claim on purpose and to mark receipt, it is permissible to send it by mail to the legal address.

Correct formatting of the receipt

Anyone who uses dry cleaning services should know that the receipt received from the employee when placing an order is an important document .

In resolving a dispute about the guilt of the performer and compensation for losses, it will have one of the decisive significance.

The point is that first of all it is necessary to prove that :

• the product was handed over to the employee in proper form ;
• you were not notified of possible objective reasons why the item might deteriorate (for example, fade if the dye is of poor quality);
• you were not informed that this product is not subject to chemical treatment at all .

In addition to the receipt itself, it must be properly executed and contain :

1. Legal address ;
2. Full name, address and telephone number of the consumer;
3. Name of service;
4. Description of the item - color, material composition, presence of defects, percentage of wear and completeness;
5. Date of receipt and issue of the order;
6. The full cost of the service provided.

If possible, it is also worth indicating the price of the product being transferred.

In addition, it is necessary to ensure that all elements that can be unfastened are indicated. Otherwise, if they are lost, it will be impossible to prove that they were there.

What documents should be attached to the complaint?

It doesn’t matter where the customer decides to contact, the main thing is not to forget to describe the whole situation in detail. To confirm the correctness of your words, attach all the papers you have on hand:

• claim submitted to the dry cleaner;
• a product tag with the value of the item, if there is no receipt - the result of a merchandising examination, which indicates the average market value of the damaged item;
• the result of a technological examination, which indicates the cause of the defect;
• a receipt issued by the receiver upon receipt of the item.

The latter may not exist. The law provides for its absence from the victim's arms . This is not a reason to refuse to consider the complaint. You can refer to witness testimony.

Required Arguments

An important proof of cooperation with a specific dry cleaner will be a receipt issued upon delivery of the item. It will be especially relevant when shortcomings are identified after some time, so it is important not to throw it away immediately after receiving the service. The document must contain the following information:

• address and contacts of the performer;
• Full name and contact information of the client;
• type of work;
• name and detailed description of the product (condition, color, material, fittings, existing defects);
• date of acceptance and time of completion of work;
• cost and advance payment notes;
• signature of the responsible person;
• client's signature.

On a note! The absence of a receipt (cheque) is not a basis for refusal to accept and consider the client’s claim (Article 18 of the Law of the Russian Federation). In this case, other methods can be used to confirm cooperation, for example, witness statements, photographs or video materials.

The need for expertise

If dry cleaning representatives refuse to admit guilt and compensate for the damage, to substantiate their claims, the damaged item can be submitted to an independent expert bureau for technological examination. It will determine the cause of defects that may be associated with:

• With hidden flaws in the product itself, which caused new ones to appear after chemical treatment. The manufacturer must bear responsibility for them and in this case the claim should be directed to him.
• With improper performance of cleaning work, when responsibility is assigned to the performer.

In addition, there is merchandising expertise, which allows you to calculate the market value of an item when the purchase receipt has not been preserved. The costs of all examinations are borne by the injured client.

The expert opinion will play a decisive role in further proceedings. If the fault of the consumer service enterprise is proven, you can confidently write a claim and demand reimbursement of costs incurred during the examination.

What exactly do you require?

Here the legislation also tried to protect the consumer as much as possible. The performer may be required to:

• compensation for the cost of the service;
• the consumer can also write down a clause requiring the replacement of a damaged item with a similar one;
• If replacement is not possible, the consumer has the right to reimburse the full cost of the item, and in double the amount.

Not every dry cleaner is ready to accept a claim for a damaged item . What to do in a situation where a company representative categorically refuses to accept paper?

Send it by registered mail with a description of the contents and receipt of receipt. Keep all receipts - this will be proof that you have notified the dry cleaner according to all standards.

Dry cleaner refuses to pay for damaged item

Not every dry cleaner is ready to admit their guilt and compensate for the damage caused. But there are certain levers of influence here too:

1. The receipt is your first proof of cooperation with the dry cleaner . Especially if the defects were discovered some time after the work was carried out. Therefore, under no circumstances throw it away.
2. Send the item for examination; only on the basis of this conclusion are further demands possible . Be prepared for the fact that two examinations may be required - technological and merchandising. The first identifies damage resulting from non-compliance with technological standards by a consumer service enterprise. The second is assigned in the absence of a receipt to determine the full market value of the goods. The cost of both examinations will have to be paid by the consumer. If the dry cleaner is found guilty, all costs incurred will be reimbursed by the defendant. If during the examination it turns out that the resulting defect was due to hidden defects in the item itself, then the manufacturer must be responsible for it. In this case, the claim can be forwarded to him.
3. Do you have all the documents on hand? Feel free to write a complaint to the dry cleaner.

How much to wait

The current legislation clearly defines the time limits allocated to satisfy the client’s requirements in this case:

1. If an item is lost, the consumer service organization is obliged to replace it with a similar or similar item of appropriate quality within 3 days (Article 35 of the Law of the Russian Federation);
2. Other demands made by the client regarding the issue of compensation for damaged items must be considered and satisfied by the organization within 10 days from the date of their receipt (Article 22 of the Law of the Russian Federation).

If the client’s demands have not been satisfied or the time period allotted for their consideration has expired, the consumer has the right to apply to the court for consideration of the case, as well as for the restoration of his violated rights.

The statement of claim will be filed at the location of the consumer services organization, in accordance with the requirements established by the current Code of Civil Procedure of the Russian Federation.

In addition, the client has the right to file appropriate complaints against dry cleaning in order to initiate inspections by regulatory authorities.

How to write a complaint?

It is by following this algorithm that you can draw up a correct complaint, which will be considered in accordance with the law.

How much compensation should I demand?

In a claim, the customer may demand from the contractor:

1. Replace a lost or damaged item with a similar one . The contractor must do this within three days.
2. Refund twice the cost of the item . This opportunity to receive double compensation for damage appears to the customer in accordance with Art. 35 of the Law “On Protection of Consumer Rights”.
3. Demand compensation for the paid cost of poor-quality service.

It is worth noting that if the dry cleaner is given only three days to satisfy the return request, the claim itself can be considered within 10 days.

Responsibility of the performer

According to Rospotrebnadzor Letter No. 0100/2473-06-32 dated March 7, 2006 (question 10), the activities of dry cleaning organizations are considered not as a service, but as work on processing things, which is carried out on the instructions of the consumer and has a certain material result. All cases of work performed by individual entrepreneurs or organizations with a consumer’s item are regulated by Article 35 of the Federal Law “On the Protection of Consumer Rights”. According to its provisions, dry cleaning is responsible for the correct use of items and their safety in general.

Attention! Indication in a receipt or contract of words that shift responsibility for the safety of an item to its owner is unacceptable and is fraught with administrative punishment for management. Even if there is a signature, such a document has no legal force and is declared invalid in court, since it infringes on the rights of the client as a consumer (Article 16 of the Law of the Russian Federation).

The provisions of this article should be followed if, after dry cleaning, the owner is given a damaged item or not returned at all. He has the right to demand fulfillment within three days of one of the following requirements:

• compensation for damages and cleaning costs.
• replacement with a similar item;
• reimbursement of the cost of the damaged item twice as much if it is lost or the damage limits its intended use.

The management of the dry cleaning company is given a 3-day period to make a decision and fulfill the client’s requirements.

Exceptions

An organization providing dry cleaning services may be legally exempt from liability and compensation to the client in cases where:

1. The item had hidden flaws that could not be detected upon acceptance for processing. If a client, knowing this, deliberately brings it for cleaning and starts a conflict in order to obtain compensation, he can be held liable for fraud.
2. The receiver has reason to believe that after cleaning the item may be damaged, of which he notifies its owner in advance. If such individual nuances are indicated in the receipt on which the client puts his personal signature, he has no right to subsequently make claims for defects that appear.

This last exception does not apply to cases where a standard receipt is issued with general references to the possible consequences of dry cleaning the product or the information is difficult to read due to handwriting/very small print. The consumer’s signature on such a document does not relieve responsibility from the contractor, since the latter is obliged to provide the necessary information and notify about the risks in each specific case (Article 10 of the PPA).

What to do if the dry cleaner refuses your requirements?

If there is a refusal to correct deficiencies, return money for services, or compensate for damages, the client files a lawsuit. The application is drawn up taking into account the requirements of Article 132 of the Code of Civil Procedure of the Russian Federation and is submitted to the court in accordance with the rules of jurisdiction. At the choice of the applicant, he has the right to apply to the court:

• at place of residence;
• at the location of the performer;
• at the place of execution of the contract.

Disputes regarding the protection of consumer rights are heard by district and magistrate courts. If the amount of the claim is less than 50,000 rubles , then the claim is filed in the magistrate's court, if the amount of the claim is over 50,000 rubles . – to the district (city).

No state duty is paid for claims for consumer protection. A mandatory fee is charged only when the size of the claims exceeds RUB 1,000,000 .

Going to court

If after 10 days there is no response from the dry cleaner or it refuses, you should proceed to the next stage - filing a claim in court.

In addition to the drawn up statement of claim, the client will need to take care of collecting the necessary list of documentation, namely:

• Dry cleaning receipt;
• The act of acceptance and transfer of a thing;
• A receipt confirming payment for the service;
• Payment documents for the item 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 independent conduct of commodity examination;
• Penalty and penalties for additional expenses that the client was forced to incur.