What are the rights of the consumer if his item is damaged at the dry cleaners and how to file a claim?

Natalia Starostina

Chairman of the Board of the Moscow branch of the Russian Consumer Association.

Do not sign a receipt or other document stating that you received your item and have no complaints about the quality of the work performed. At the same time, you should not take the damaged item home and give the dry cleaning clerk your copy of the receipt for handing over the item to the dry cleaner.

• Ask the dry cleaner to give you an application form.
  or act (if available). In your application (claim), indicate the cost of the damaged item and the approximate date of purchase. Describe the damage found. Demand a refund for poorly performed work, as well as reimbursement of twice the cost of the item within three days, citing the provisions of Article 35 of the Law of the Russian Federation “On the Protection of Consumer Rights”.

  If there is no application form or act, you can describe the shortcomings and set out the requirements on a separate sheet or on the back of the copy of the item delivery receipt that is stored at the dry cleaner. Next, request that the dry cleaner's employee take a copy of your application and sign it to confirm that the original request was received.

• If the executor refuses to accept your application

  , send it by registered mail with an inventory and return receipt. Be sure to keep your postal receipt.

  Read also:  How is the assignment of ownership rights to a house with a plot formalized? on the Nedvio website

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.

What items are strictly dry cleaned?

All over the world, symbols are used on items that are subject to dry cleaning. These are different concepts, but they are only recommended and do not oblige the owner to resort to such measures:

1. Dry Clean Only: Many items marked with this symbol can be washed at home if you know what to clean them with.
2. Dry cleaning. If the word "only" isn't on the tag, you don't need to go to the dry cleaner. It is enough to do this at home with extreme caution. Clothing manufacturers tend to make the mistake of suggesting dry cleaning instead of using a washing machine. This is a precautionary measure when people, especially in the US, ignore such inscriptions by referring to the symbols.

If clothes have a cleaning symbol, but ironing is allowed, this means that you can try to clean a coat or woolen item at home. By the way, almost all modern machines are equipped with a “hand wash” system, which gently washes things. However, if all prohibiting signs are present, it is allowed to clean things in special departments where organic products are used. If you don’t want your dry cleaning item to be damaged by negligence, it is better not to use the services if possible. There are a lot of new products in the field of household chemicals that do an excellent job with difficult to remove stains.

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.

Where else to go

It is up to the citizen to decide which of the authorities listed below is best to contact to protect their rights. In addition, you can use the help of a lawyer. Sometimes professional recommendations make it possible to resolve a conflict without bringing the matter to trial.

Rospotrebnadzor

The main task of Rospotrebnadzor is to monitor the work of organizations in the field of consumer protection. To file a complaint about dry cleaning, you can choose one of the methods convenient for you:

• Send by mail to the official address of Rospotrebnadzor. The document should be sent by registered mail with acknowledgment of receipt in order to verify the fact of its delivery and compliance with the established review deadlines.
• Deliver yourself to a public reception.
• Make an appointment for a personal appointment.
• Submit online via the form on the official website located at the link rospotrebnadzor.ru/feedback/hotline2.php

Recommendation! To speed up the review period, it is recommended to send written appeals to the territorial bodies of Rospotrebnadzor located at the location of the author or organization violating the rights.

The law provides a 30-day period for consideration of citizens' appeals. After consideration of the complaint, the author will be sent a response regarding the decision made.

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.

Procedure

The first step after discovering defects in the product is to try to negotiate amicably on the spot with the manager or other competent person about appropriate compensation. It is important:

• Do not sign a receipt (agreement) for work performed. When a document is signed indicating that the consumer is completely satisfied with the services, any further claims about obvious defects become unfounded.
• Require the execution of a bilateral act indicating the shortcomings that have appeared.
• Insist on reimbursement of double the cost and the cost of dry cleaning.

If defects are discovered outside the dry cleaning service, the owner can demand compensation only if they could not have been noticed during the acceptance of the item from the contractor. For example, the fabric of outerwear began to “creep” during wear due to treatment with aggressive chemicals. Moreover, such a right remains until two years after the date of transfer of the thing (Article 19. PZPP).

It is not recommended to take away the item without recording in writing the deficiencies in the bilateral deed. Refusal to draw it up is one of the violations prescribed in the Rules for Consumer Services, which is the basis for directly contacting the regulatory authorities. It is also better to leave the item itself to the contractor and file a written complaint about improper performance of the work with the dry cleaning service department or its management.

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.

What do you need to know when receiving an order?

The employee issuing the order will definitely require a signature of the order acceptance certificate . The consumer should be aware that it is necessary to carefully inspect the item upon receipt within the walls of the dry cleaner itself and not sign the document until he is sure that everything is in order.

If the result of the work does not meet expectations or the item is defective, it should not be taken back.

, a report on the detected deficiencies must be drawn up .

If the damage was hidden or appeared during wear, for example, the fabric began to unravel, the consumer can also file appropriate claims.

The law allows 2 years for filing claims of this kind, but they must be discovered within a reasonable time.

In other words, if it is proven that the consumer should have identified the shortcomings earlier, but for unknown reasons did not apply anywhere, it will be very difficult .

If obvious defects were noticed after the product was accepted, the claims may be considered unfounded and it will be almost impossible to obtain compensation for losses.

Read in the next article how goods are returned to Lamoda.

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 dry cleaner will pay double for a damaged item.

- Where is the hole? She was here!

How to protect your favorite fur coat or sheepskin coat when dry cleaning it? What to do if the item is damaged? Let's look at stories sent in by our readers.

It fades - no one answers.

Irina decided to dry-clean her dark green sheepskin coat, purchased at a company store. The receptionist began to fill out the receipt, in which Ira was immediately confused by the clause: the dye is unstable, the dry cleaner is not responsible for failure. The client was surprised: the thing is expensive, branded, what makes you think that the dye is weak? “This is a standard receipt, we always write this way,” the receptionist answered without blinking an eye.

A dry cleaning receipt is not a multi-page contract, so many clients, thank God, read it before signing. Receptionists often try to hush up questions that arise, reassuring them: this is an approved standard, this is how they always write, etc.

Most often, the pitfalls are hidden in the following points:

Description of the appearance of the item.

Usually the receptionist fully emphasizes the standard phrase: general dirt, road dirt, creases, abrasions, stains, etc.

Keep in mind: such a “picturesque” set indicates considerable wear and tear on the item, and if the clothes are damaged, the amount of compensation will be less. On the other hand, by attributing extra dirt, you can be scammed out of money: the general cleaning of such a “grimy” item is listed on the price list as more expensive than removing a couple of stains on an almost new jacket.

Advice: insist that non-existent dirt and defects (scuffs, creases, etc.) be crossed out on the receipt. But let them write down the location of the main stains so that they don’t “forget” about them when cleaning.

Warning that there may be damage to the item 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 manufacturing of the item, lack of markings or its unreliability.” This is attributed to whitish spots (they say the dye was initially unstable), shrinkage by several sizes (they say the leather is of poor quality), and other defects.

At one's own risk

In fact, according to the law, dry cleaning is exempt from liability only in two cases:

a) if the client is warned about the specific special properties of the item and their possible manifestations during cleaning. That is, this should not be a general standard phrase (see above), but a reasonable entry relating specifically to your clothing.

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 “stupid” sizing? If there is no marking, that’s one thing; the suspicions are justified. If the label directly recommends dry cleaning, then it is unjustified to deliberately indicate its harmful consequences (unless, of course, they did a strength test in front of you);

b) if the item 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 for Consumer Services, the receipt must indicate the composition, completeness and accessories when describing the item. Make sure that this column is filled in if you hand over clothes with detachable parts: a belt, a hood, a collar, etc. There are known cases when these elements were lost and dry cleaners tried to get out of it by saying that you handed over a coat (jacket, sheepskin coat) without them .

How to get compensation?

Tatyana took her mouton fur coat to the dry cleaner. The husband took it, and only at home the girl discovered corroded fur near the sleeve and several holes in the lining. What to do?

If you notice damage to an item immediately, do not take it from the dry cleaner. Demand that a report be drawn up indicating the defects found. Such a document is drawn up in two copies, one remains at the dry cleaner, and 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 noticed immediately, do not worry: according to the law, the affected consumer has the right to put forward his demands within a reasonable time within two years after acceptance of the work.

1. indicate when and in what condition the item was dry-cleaned;
2. describe the damage that you found when returning the item;
3. note that the clothing was properly labeled for dry cleaning; the receptionist did not conduct any samples or tests to confirm hidden defects of the item and the danger of cleaning. Thus, you were not reasonably forewarned of damage to the clothing as a result of cleaning;
4. due to the fact that you were provided with a service of inadequate quality, which resulted in irreversible damage to the item, on the basis of Art. 35 of the Law “On Protection of Consumer Rights” you demand:
   refund of cleaning costs;
5. reimbursement of double the price of the damaged item;
6. remind you that by law your request must be fulfilled within 10 days.

Lost my jacket.

Marina bought a suede jacket in Italy. I threw away the check a long time ago. I took it to the dry cleaner and came to pick it up - the jacket was lost! There were problems with the payment of compensation - there is neither a receipt nor the item itself, how can I find out the price?

Experts will help. Submit a statement to appraisers at the Bureau of Commodity Expertise with a detailed description of the missing item and a request to determine its average market value. Present the resulting conclusion to the dry cleaner and demand compensation for damages 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 in the receipt, or do not want to draw up a report of damage, demand that you immediately issue a complaint book.

Very often, such a requirement in itself encourages dry cleaning employees to be more attentive to the client’s requirements.

! By the way, you can also enter a claim into the complaint book if they refuse to accept a separate application from you.

If they don’t give you the book, remind the representative of the dry cleaning administration that refusal to give out the book of complaints is considered an administrative offense. The fine under the relevant article is up to 30 thousand rubles.

You can also call Rospotrebnadzor for help - the coordinates of its unit in the area where the dry cleaner is located will be reported to the information prefecture.

Who is guilty?

To determine the cause of the item’s damage—a hidden manufacturing defect or poor dry cleaning—an independent examination is carried out. Demand that the dry cleaner pay for it. If they refuse, submit the damaged clothes for examination yourself. If violations are confirmed, the dry cleaner will be required to reimburse you for the cost of the examination. If a manufacturing defect is discovered and no more than two years have passed since the purchase, then all claims are addressed to the store.

BY THE WAY

The price of the damaged item is confirmed by receipts - cash receipts or sales receipts. If they have not been preserved, indicate the value from memory, and in case of doubt, an appraisal examination is carried out.

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.

Is an examination needed?

When a dry cleaner expresses clear disagreement with the claims presented, a citizen can turn to an independent expert. There are two types:

1. Technological examination, which identifies the cause of the defect. If the product has deteriorated due to non-compliance with the rules of chemical processing, then such a conclusion is considered an important argument for filing a claim.
2. Commodity examination is carried out in the absence of a sales receipt for the item. This procedure helps to establish the market price of the product taking into account its wear and tear.

All services provided by the examination are paid for by the citizen. If the court sides with the client, the dry cleaner will have to reimburse the amount spent on the examination as well.

Attention

The result of the examination plays a big role in proceedings and disputes. All evidence starts from her. If it shows that the cause of the defect was improper processing of the item, then the dry cleaner is forced to pay compensation to the client.

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.

Responsibility of the dry cleaner for damaged items

The legislation establishes the financial liability of performers providing household services. Thus, if clothing is lost, the household enterprise is obliged to return a similar item to the consumer or reimburse it at twice the cost plus cleaning costs.

Including phrases in the receipt-contract according to which responsibility and risks are completely transferred to the owner is unacceptable. Such persons will face administrative liability in the form of a significant fine.

So, if a dry cleaner spoils an item, 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 faces even more serious fines - in the amount of twenty thousand rubles. But we'll talk about this in the next section.

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.

Claim

The claim is written to the manager of the organization that provides dry cleaning services. The act must indicate all the circumstances relevant to the case and your claims in relation to the enterprise. The document is formatted as follows:

• the name of the organization is indicated;
• Client's full name;
• date of conclusion of the contract;
• check number;
• a detailed description of the identified defects;

Next, you should indicate the existing laws that protect human rights and that they were violated in the process of providing the service.

In conclusion, they record their requirements in relation to dry cleaning and the deadline for fulfillment in accordance with the law. The client's further action in the event of non-fulfillment of his requirements is also indicated. The act is drawn up in two copies, one is kept by the client, and the other is left by the organization.

For your information

The claim must be reviewed by the dry cleaning management within three working days. If the answer is negative, you should request a written conclusion to be presented as evidence in court. If there is no response to the claim, then you need to send another one, but with a receipt. If the dry cleaning management also ignores it, then the notification is tantamount to a refusal.

claims if deficiencies in the provision of services (dry cleaning) are detected here.

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.

How to prove that an item was damaged by laundry or dry cleaning?

If you find defects or damage, do not forget to draw up a two-sided report indicating all the shortcomings that you noticed. Don’t rush to take the item home, make a claim and hand it in against receipt of acceptance or send it by mail.

The claim procedure must be followed. It is important to remember that the main evidence in court will be written evidence, and they play an important and fundamental role, but do not forget that the protection of consumer rights is both on the side of the buyer and on the side of the seller and performer.

If you look at this situation from the side of the seller and the manufacturer, then on his part there should be a response to the buyer’s unfounded claim. This response will protect the seller from further attacks by the buyer. When accepting clothes, you need to indicate in the receipt the risks, negative consequences and weaknesses; this record will be a guarantor for the contractor, and for the buyer you will be a specialist in this field.

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;

What to do if the item was not cleaned properly

In the hope of modern cleaning technologies and in accordance with the care requirements indicated on the label, clothes with stubborn stains are taken to the dry cleaner. If, upon receiving the item, you see that the stains have not been completely washed off and still noticeably spoil the appearance of the clothing, it means that the item has not been completely cleaned. The owner has the right to demand:

1. Clean again, now for free.
2. Reduce the cost of work.
3. Pay for expenses incurred (including moral damages) if you had to seek services from another company.

If the contractor refuses to comply with the requirements, you can file a complaint about unlawful actions with Rospotrebnadzor. About how to write a complaint to Rospotrebnadzor via the Internet - read this article https://potrebexpert.online/5697-poryadok-obrashheniya-v-rospotrebnadzor-cherez-internet-v-mestnoe-otdelenie-po-pochte

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.

Arbitrage practice

The practice of court decisions shows that courts of first and subsequent instances quite often side with the consumer , however, complete satisfaction of the stated claims is quite rare.

1. O. filed a claim with the district court of Krasnodar against LLC PKF “Asma” dry cleaner “Blesk”, demanding the recovery of losses and compensation for moral damages for the damaged wedding dress. The total amount of the claim is 112,552 rubles, of which the one-time cost of the item is 72,000 rubles, compensation for moral damage is 5,000 rubles, other expenses are 35,552 rubles. Based on the fact that a commodity examination established the market value of the product, taking into account its 50% wear and tear, in the amount of 36,000 rubles, the court partially satisfied the plaintiff’s demands and recovered 61,100 rubles in her favor, of which the cost of the dress amounted to 36,000 rubles, compensation moral damage - 3,000 rubles, other expenses and losses - 22,100 rubles.
2. K. filed a claim with the district court of Samara against IP Alushev E.B., demanding the recovery of the cost of the damaged fur jacket in double the amount, compensation for moral damages and other expenses. During the trial, the court partially satisfied the plaintiff’s demands and recovered from IP Alushev E.B. twice the cost of the product, taking into account wear and tear in the amount of 156,000 rubles, compensation for moral damage in the amount of 1,000 rubles, other expenses and losses in the amount of 107,208 rubles . The total amount of recovery in favor of K. is RUB 264,208.

Unpleasant consequences in the form of an item damaged during dry cleaning may well be compensated by the enterprise voluntarily or during a court hearing .

Since, by law, the provider of this type of service is obliged to compensate twice the cost of the product, the customer can return an amount greater than what was spent on purchasing the item.

What to do if something is damaged at the dry cleaner? Find out about it in the video:

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.

How should the receipt be formatted?

To avoid problems with getting a refund for an item damaged in dry cleaning, you should carefully read the receipt that is issued at the time you receive the item. So, it should contain the following information:

• Legal address of the dry cleaner;
• Client details (full name, residential address, contact phone number);
• Type of service provided;
• The name of the product that is being cleaned, including a description of its color, composition, accessories, stains and stains that should be removed;
• Reception date and period during which the order will be executed;
• Service cost;
• Signature of the seller and employee at the reception point.

Experience as a lawyer since 2003. Graduated from the Moscow State Open University with honors. Specialization: consumer protection.

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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.

We are writing a complaint

How to draw up a document in 2021 so that the company accepts it? The paper should be written in two copies - one remains in the hands of the injured party, the other is handed over to the dry cleaning representative. Don’t forget to request a signature on acceptance from a company representative.

What should be described in a claim to dry cleaning for a damaged item:

• Write down the condition of the item at the time it was put into operation;
• If any defects are found upon receipt of the item, describe them too;
• Be sure to note that the product label has a symbol that allows it to be dry cleaned. If, when taking the item into work, the acceptance worker did not conduct tests for reaction to reagents confirming the danger of dry cleaning, indicate this. This means you were not aware of the potential risks of such a procedure.
• Do not forget to attach a copy of the examination result and a receipt for payment for this procedure.
• Indicate your requirements and how you are asking for compensation for the damage suffered.

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.

What to do if the dry cleaner denies guilt

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 unequivocal refusal. In this case, the client should take the following actions:

• Send the damaged item for merchandising examination using the services of one of the private companies in the city;

• Make sure the receipt is safe.

• Be sure to keep your receipt. If the examination reveals that the defects appeared as a result of poor quality cleaning of the product, then the dry cleaner will have to reimburse you for the costs of the examination.
• If the dry cleaner is confirmed to be at fault, the next step is to formalize and file a claim.

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.

Response to complaint

The response period for non-claims is 10 days . It is worth considering that if you handed it over personally, the countdown starts from the day of delivery.

If the sending was carried out by mail, then the starting date is the moment of delivery specified in the notification.

Next, the organization can give a response with a refusal or promise to compensate for the damage within a certain period.

In the first case, you must immediately contact the competent authorities to resolve conflicts of this kind. In the second, you will have to wait for the promised actions until the expiration of the period specified in the response.

If the promise is not fulfilled, you can begin to take other actions.

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.

Implications for dry cleaning

When the claim is approved (by the seller or the court), the conflict resolution stage begins. There are several methods to solve the problem in favor of the consumer:

1. If the product has been completely damaged (faded, torn), the dry cleaner may offer to replace it with an item of similar quality (but not necessarily completely identical).
2. As an alternative, they may offer to reimburse the cost of the item using a receipt (if it has been preserved) or at the current market price for this item. If the clothing was made to order or had other characteristics of an individually defined object, then you can demand double the price for it.
3. Moral compensation may be offered to a citizen by a court if the citizen’s winter clothes were damaged by dry cleaning during the cold season.
4. The price of the lost item is reimbursed at double the cost.

In addition, if the case goes to court, the dry cleaner may also face administrative penalties for offering services of inadequate quality. Such a claim may also become a reason for the consumer protection service to carry out an inspection or search for other victims due to unqualified assistance from persons.

Follow the link on how to file a complaint with Euroset via the hotline and with Rospotrebnadzor.

Find out quickly how to file a complaint with the FAS!

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.