Ruined thing in dry cleaning judicial practice. Ruined item in dry cleaning

After new year holidays a man brought a dress and trousers to the Krasnodar dry-cleaner. The dress is by Christian Dior and the pants are by Salvatore Ferragamo. For cleaning them from traces of past fun, he paid 1180 rubles.

Ekaterina Miroshkina

economist

When everything was ready, the client took the things and left. A month later, he returned with complaints: there was a white spot on the red dress, and the trousers were shorter. Things are damaged, you can’t wear them, and the dry cleaner is to blame - give back the money. But, of course, not 1180 rubles, but twice the cost of the dress and trousers - that is, 500 thousand rubles. Also return the cost of services and compensate for moral damage. The dry-cleaner is in shock, the courts have begun.

Why did the dry cleaning client demand so much money?

According to him, dry cleaning ruined things. You can't wear them anymore. According to the law, for this you can demand double the cost of things and compensation for expenses. The man did just that. Christian Dior is not cheap these days - half a million ran up for a dress and trousers. The victim enlisted the support of the consumer protection association and went to court.

If it's legal, why didn't the dry cleaner pay?

When the dry cleaner returned the clothes, there were no complaints from the client. He did not come with questions about the stain and the reduced trousers, not in a week or two. And where is the evidence that this white spot appeared after dry cleaning? Maybe the dress was washed again, and the trousers were ironed incorrectly?

What did the courts say?

If someone undertook to provide services, you need to do it qualitatively. When a customer’s material or thing is used in the performance of some work, the contractor must ensure their safety: he is responsible for this.

If immediately upon acceptance it is clear that a dry-cleaning item is given with flaws, you need to fix this. And if the dry cleaner accepted things without stains and shrinkage, and returned them with defects, you will have to pay the client two prices.

Still it is necessary to return all the money for the services, pay a penalty and a fine, since they did not agree to voluntary compensation.

Here is the conclusion of the examination. It says that the stain on the dress appeared due to the fact that it was rubbed with bleach. And the trousers had shrunk two sizes because they had been ironed too hot. Things are new, wear is only 5-10%.

The consumer's rights have been violated, return the money to him.

Regarding the double cost of things - everything is so. If a thing or material of the customer was taken into work, there is such a type of responsibility as double cost. When a client goes to a dry cleaner, he actually enters into a household contract. There is also consumer protection law.

If something has happened to the item, the dry cleaner or tailor will replace it or pay two prices. But there are rules of domestic service. They say that the consumer must accept the work and immediately inspect the item in front of the performer. If shortcomings are found, they should be immediately reported, an act should be drawn up and everything recorded in it. If the defect is revealed later, because it could not be immediately noticed, then it must be reported within a reasonable time.

Sometimes shortcomings can be claimed even for five years - as with real estate. But this does not apply to things after dry cleaning, and there is another responsibility.

Usually, the seller or performer must prove the absence of guilt. But with the sale of goods or the provision of services in a different way. Both sides must prove this. If the client did not present any claims when picking up the clothes from the dry cleaner, he can still claim compensation. But only if he himself proves that the stain and shrinkage appeared before he accepted the item.

And this is what we see in this story. Dry cleaning customer picks up on January 12th. In the receipt, he does not indicate the shortcomings - he took it and went. On February 12, he comes to the dry-cleaner with claims and demands two prices for branded items.

The examination showed that the stain appeared from bleach, and the shrinkage of the trousers - from the iron. But the conclusion does not say that all this is the fault of the dry cleaners, and there is no exact date when the problems with the clothes appeared. The client could wear things for a whole month and do anything with them: scrub off stains and iron not according to instructions.

The courts ignored this. Moreover, they forced the dry cleaner to prove that the defects appeared not during the cleaning process, but after. Allegedly, only if he proves, then he may not pay. It is illegal.

Outcome. Court decisions in favor of the dry cleaning client were overturned. The Supreme Court said to sort it out again - the appeal cited the findings of the Supreme Court and ruled in favor of dry cleaning: she will not pay anything for a damaged dress and trousers. And if you have already paid something, everything will be returned to her to the penny.

How to get money if the thing is really spoiled?

If you hand over clothes to dry cleaning or give fabric to a tailor for a suit, ask them to write on the receipt that there are no marriages, defects, stains or wrinkled seams on your clothes and materials.

Indicate the value of the item on the receipt. Or keep a receipt that this is the real Christian Dior. So it is easier to prove the value of the thing, so as not to do it in court.

When you pick up the item, immediately inspect it: for stains and defects that were not or should not be. Immediately, not in a month. In this story, it could well be that the dry cleaner really left the stain, but the man did not check, brought the things home and forgot about them for a month. And when I examined it, I saw the defects, but it was too late. Do not trust beautiful packaging and smiling managers - check the quality of services and your things right away.

If there are defects on the item, write a claim without leaving the cash desk. If not accepted, send by mail. After that, you have every chance to get:

Two prices for things if the dry-cleaner cannot replace them with the same ones.
All cleaning expenses.
Compensation for moral damage.
Forfeit if not paid immediately.
50% fine if the case goes to trial.

Or demand that the work be redone. Depending on the requirements, the execution time is 10 days or 3 days. You can’t always demand two prices: it works with a tailor shop and a dry cleaner, but it doesn’t work with a parking lot that didn’t keep track of the car: there is only damage.

But there is a nuance here: dry cleaning could immediately warn you that the sheepskin coat could shed, and the shirt would turn pink due to the nature of the fabric and process. All this can be written in small print on the receipt. Sometimes it happens that a thing is really taken for cleaning, but due to the characteristics of the fabric or dressing, there may be an unpredictable result. You should be warned about this.

If you agree, you will not be able to file a claim. But with a white stain from bleach on the dress and trousers reduced due to improper ironing, this will not work: these are obvious defects due to improper cleaning and ironing. The main thing here is to present claims in time. If the client had not waited a month, he would now have two dresses from Dior and two pairs of new trousers from Ferragamo.

There is a huge selection of companies on the market that provide dry cleaning services for clothes or other products.

However, there is always a risk that given expensive thing will be damaged in the process, since not all dry cleaners are of high quality and comply with technological conditions.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call free consultation:

About, what to do if you have spoiled a thing in dry cleaning, we will tell you in the article.

What is the relationship between the client and the company?

The relationship between the consumer and the company providing chemical cleaning services, regulated by the following laws of the Russian Federation and by-laws:

by law;
the Civil Code of the Russian Federation;
Government Decree No. 1025 "On approval of the rules for consumer services to the population."

Learn about the rules for returning goods to OBI hypermarkets from ours.

How should the invoice be issued?

Receipt for the provision of dry cleaning services according to the "Rules of consumer services for the population" must contain the following information:

name of the subject;
color, texture, completeness, material, accessories;
existing defects that cannot be eliminated during the dry cleaning process;
additional paid services.

Also receipt should contain:

legal address of the company;
Full name, address and telephone number of the customer (consumer);
type of service;
date of receipt and execution of the order;
service cost.

During the reception of the item, the dry-cleaner must examine it carefully. and leave a note about possible negative consequences upcoming cleaning.

If the consumer is reliably warned and signs the receipt with such a mark, then further claims for the consequences of dry cleaning are not accepted.

At the same time, the presence of standard forms indicating the possible consequences of dry cleaning or a warning made in illegible handwriting does not relieve the company from responsibility, since the customer of the service must be adequately warned of the consequences in each specific circumstance (Article 10 of the Law "On Protection of Consumer Rights").

What to do if the item is damaged?

If, when picking up an item from dry cleaning, the customer discovers defects that have appeared, he is entitled to compensation the damage caused to him.

In accordance with the law "On the Protection of Consumer Rights", it is the contractor who is fully responsible for the safety of things transferred to him by the customer.

If the thing has received irreversible damage or its presentation has been violated, the customer may draw up a claim in which claims for compensation.

Where to apply?

The buyer's first step in case of damage is service call dry cleaners or to its manager with a written claim.

Only after passing through this stage, the consumer can plan his further actions and contact the appropriate authorities or services.

Is expertise required?

In case of disagreement of the consumer service enterprise with the damage identified by the consumer, he has the right to apply to independent expertise. This may require 2 types of expertise:

Expertise Services paid by the consumer if during the trial the court takes the side of the plaintiff (consumer), then the defendant (performer) must compensate for the funds spent on the examination.

Can I return a book or textbook back to the store? find out right now.

What exactly is required?

The customer in a claim in accordance with Russian law may require the performer:

replacement of a lost or damaged item with a similar one within 3 days;
in the absence of such an opportunity - compensation for the value of the thing in a double amount;
full compensation Money paid for the service.

How to make a claim?

In a claim addressed to the head of an enterprise providing dry cleaning services, it is necessary to fully indicate the circumstances of the case and the requirements for the customer. The claim is made in downtime writing and consists of 3 parts.

The descriptive part contains:

In the motivational part, it is necessary to indicate which laws, by-laws and relevant consumer rights violated during the provision of the service.

The final part should contain the requirements and the deadline for their implementation in accordance with the law. Also in this part, further actions of the consumer are indicated in case of refusal to satisfy the specified requirements.

O. applied to the district court of Krasnodar with a statement of claim against LLC PKF "Asma" dry cleaning "Blesk" with a demand for the recovery of damages and compensation for moral damage for a ruined wedding dress. The total amount of the claim is 112,552 rubles, of which the one-time cost of the thing is 72,000 rubles, compensation for moral damage - 5,000 rubles, other expenses - 35,552 rubles. Based on the fact that the merchandising examination established the market value of the product, taking into account its 50% wear and tear, in the amount of 36,000 rubles, and recovered in her favor 61,100 rubles, of which the cost of the dress amounted to 36,000 rubles, compensation for moral damage - 3,000 rub., other expenses and losses - 22,100 rubles.
K. appealed to the district court of Samara with a statement of claim against IP Alyushev E.B. demanding the recovery of the cost ruined fur jacket double the amount, compensation for moral damages and other expenses. During the trial The court granted the plaintiff's claims in part. and recovered from IP Alyusheva E.B. twice the cost of the product, taking into account depreciation 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. - 264,208 rubles.

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

Since, according to the law, the provider of this type of service obliged to compensate twice the cost of the product, then the customer can return the amount in a larger amount than was spent on the purchase of the thing.

What to do if the dry-cleaner spoiled the thing? Learn about it from the video:

Consumer rights are governed by the current provisions of the Consumer Protection Law. Thus, according to section 35 of the LOZPP, in a situation where the client discovers that the dry-cleaner ruined his item, he may require one of the following requirements to be met:

Return the cost of the damaged item in double the amount;

For example, a dry-cleaned coat cost 5,000 rubles; if it is damaged, the dry cleaner is obliged to return 10,000 rubles to the client.

Refund the full cost of cleaning.

If, when picking up a thing from dry cleaning, you find incomprehensible stains, stains, worn elements (which were not there) or holes on it, the following actions should be taken:

Refuse to sign the receipt, which states that there are no claims from the client to the quality of the service provided;
Demand to draw up an act that lists the identified defects (consequences of poor-quality cleaning);
The claim should also indicate how much the damaged thing costs and which of the requirements, on the basis of Article 35 of the Consumer Rights Protection Law, must be satisfied.

If the consequences of poor-quality cleaning are discovered after the client has taken the item and signed the receipt for the absence of a claim, do not despair.

According to the current legislation, the client retains the right to receive monetary compensation even after dry cleaning, but on the condition that they discovered hidden flaws that could not be revealed during a superficial inspection of the item during fitting.

For example, some time after dry cleaning, the fur on a fur coat began to crumble rapidly, leaving bald patches. The reason for this was the use of inappropriate chemical composition for cleaning fur products.

What to do if the dry cleaner denies fault

A fairly common situation is when, in response to a client's demand to return money for poor-quality cleaning, a company employee receives an unambiguous refusal. In this case, The client should take the following actions:

Send a damaged item for a commodity examination using the services of one of the private companies in the city;

Make sure you keep your receipt.

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

Drawing up a claim

If the fault of the dry cleaner is nevertheless confirmed, you should proceed to drawing up a claim addressed to the director of the enterprise specializing in cleaning things.

The claim petition must be drawn up in the format of two copies, one of which will be submitted for consideration to the administration of the cleaning company, and the second, with a mark of receipt, will remain in the hands of the applicant.

As for the content of the document, when compiling it, the following information should be indicated:

Description of the identified defects on the item;
Description of the item before dry cleaning;
Indication of the presence of appropriate markings on things, according to which it can be cleaned with chemical compounds.

In addition, it should be mentioned in the claim that when receiving the item, the dry cleaning employee did not warn about possible damage to the item due to chemical exposure to it.

Requirements for dry cleaning with reference to Articles 29 and 35 of the Consumer Rights Protection Law;

Enumeration of the list of attached documentation confirming what is described in the main part (a photocopy of the receipt and the results of the conducted commodity examination, payment documents for the thing itself, etc.);
Date and personal signature of the applicant.

Going to court

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

In addition to the statement of claim the client will need to take care of the collection required list documentation, namely:

Receipt from dry cleaning;
The act of acceptance and transfer of things;
A check confirming payment for the service;
Payment documents for the thing itself, confirming its value;
A photocopy of the claim confirming the client's attempt to resolve the situation at the pre-trial stage.

As a claim, the plaintiff has the right to indicate:

Compensation material damage(damage to things) in a double amount;
Compensation for self-conducting merchandise expertise;
Penalty and penalties for additional expenses that the client had to bear.

How should a receipt be issued?

In order to avoid problems with the return of money for an item damaged in dry cleaning, you should carefully read the receipt that is issued at the time of receiving the item. So, it should contain the following information:

Legal address of the dry cleaner;
Details of the client (name, address, contact phone number);
Type of service provided;
The name of the product to be cleaned, including a description of its color, composition, accessories, completeness, stains and streaks that should be eliminated;
The date of receipt and the period during which the order will be executed;
Service cost;
Signature of the seller and the employee at the reception point.

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

Claim
about the improper provision of dry cleaning services and the payment of the amount of material damage

concluded an agreement with ……………………………………………………………………….
(name of dry cleaner)

cleaning ……………………………………………………………………………… to eliminate
(name of dry-cleaned product)

which is confirmed by the presence of a cash (commodity) check for the amount of ……………….. rubles and receipt of acceptance No. ……………..…

Prior to contacting …………………………………… the product was not cleaned.
(name of dry cleaner)

“…..” ………….. 20…. when accepting the work were discovered flaws: ……………………………………………………………………………………………..……….

At my request ……………………. was left to eliminate the discovered
(product name)

“…..” ………….. 20…. upon re-admission, it was found that they had not been eliminated former shortcomings…………………………………….……………… and appeared new flaws

Accept …………………………… I refused.
(product name)

In accordance with.1. Article 35 of the Law of the Russian Federation "On Protection of Consumer Rights" when full or partial loss (damage) of material (thing) accepted from the consumer, the contractor is obliged within three days to replace it with a homogeneous material (thing) of similar quality and, at the request of the consumer, to manufacture a product from a homogeneous material (thing) within a reasonable time, and in the absence of a homogeneous material (thing) similar quality - reimburse to the consumer twice the price of the lost (damaged) material (thing), as well as expenses incurred by the consumer.

Price..………………………… according to the sales receipt ……………….….. rubles.
(product name)

In connection with the above, I demand compensation:

1. Double price damaged..………..……………………………….. in size
(product name)

2. Expenses to pay for dry cleaning

In accordance with Art. 22 of the Law of the Russian Federation "On Protection of Consumer Rights", about your decision, please notify me at the above address within 10 days.

In case of refusal to voluntarily satisfy my legal requirements, I will be forced to apply to the court with a claim for enforcement of:

- double cost damaged ..………..……………………………….. ;
(product name)
— expenses to pay for dry cleaning;
— expenses to pay for an independent examination;
— expenses to pay for the services of a lawyer;
— expenses to pay court costs;
- a fine to the state revenue in accordance with paragraph 6 of article 13 of the Federal Law "On Protection of Consumer Rights" for non-compliance with the voluntary procedure for satisfying consumer requirements.

A copy of the receipt for the provision of services (dry cleaning),
A copy of the sales receipt for the product.

Help other people find this dry cleaning claim template.
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For a damaged item, the dry cleaner will pay double

- Where is the hole? She was here!

How to secure your favorite fur coat or sheepskin coat by taking it to dry cleaning? What to do if an item is damaged? We understand the example of stories sent by our readers

Shedding - no one answers.

Irina decided to dry-clean her dark green sheepskin coat, bought in a company store. The receptionist began to fill out a receipt, in which Ira was immediately embarrassed by the point: the dye is unstable, the dry cleaner is not responsible for the disruption. The client was surprised: the thing is expensive, branded, why did you get the idea that the dye is weak? “This is a standard receipt, we always write like that,” the receptionist answered without batting an eyelid.

The dry cleaning receipt is not a multi-page contract, so many customers, thank God, read it before signing it. The receptionist often tries to “hush up” the questions that arise, reassuring: this is an approved standard, this is how they always write, etc.

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

Description appearance things.

Usually, the receptionist fully underlines the standard phrase: general dirt, road dirt, creases, scuffs, stains, etc.

Keep in mind: such a “picturesque” set indicates considerable wear and tear of the item, and if the clothes are damaged, the amount of compensation will be less. On the other hand, attributing unnecessary pollution, you can be bred for money: general cleaning of such a “grimy” thing in the price list is more expensive than removing a couple of spots on an almost new jacket.

Tip: insist that non-existent dirt, defects (scuffs, creases, etc.) be crossed out on the receipt. But let them add the location of the main stains - so that they do not “forget” about them when cleaning.

A warning that damage to the item is possible, for which the dry cleaner is not responsible.

Usually the receipt reads: "The client is warned that the dry-cleaner is not responsible for defects resulting from poor-quality workmanship of the item, the absence of marking or its unreliability." Under this, whitish spots are written off (they say that the dye was initially unstable), and shrinkage by several sizes (they say, the skin is of poor quality), and other defects.

At one's own risk

In fact - by law - dry cleaning is exempted from liability only in two cases:

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

You have the right to demand an explanation: why is the receptionist sure that the branded sheepskin coat has an unstable dye, and the down jacket has a “dumb” sizing? If there is no marking - one thing, the suspicions are justified. If dry cleaning is directly prescribed on the label, then knowingly indicating its harmful effects is unjustified (unless, of course, a strength test was done with you);

b) if the thing has deteriorated due to hidden defects that could not be detected during proper acceptance. Example: the receptionist carefully studied the label, the dry cleaner did not violate the labeling requirements, but lumps formed inside the jacket.

ON A NOTE

According to the Rules of Consumer Services for the Population, the composition, completeness and fittings must be indicated in the receipt when describing the thing. Make sure that this column is filled in if you donate clothes with detachable details: a belt, a hood, a collar, etc. There are cases when these elements were lost and dry cleaners tried to get away: they say, you handed over a coat (jacket, sheepskin coat) without them .

How to get compensation?

Tatyana handed over her muton fur coat to the dry cleaner. The husband took away, and only at home the girl found corroded fur near the sleeve and several holes in the lining. What to do?

If you notice damage to an item right away, don't pick it up from the dry cleaners. Request that you draw up an act indicating the defects found. Such a document is drawn up in two copies, one remains in the dry cleaners, the second you take for yourself. You can make a claim immediately on the spot or prepare it at home and bring it later.

If defects are not immediately noticed, do not worry: by law, the affected consumer has the right to submit their claims within a reasonable time within two years after acceptance of the work.

indicate when and in what condition the item was handed over for dry cleaning;
describe the damage that you found when returning the item;
note that the clothing was properly labeled for dry cleaning; the receptionist did not conduct any samples and tests confirming hidden defects things and cleaning hazard. Thus, you were not reasonably warned about damage to clothes as a result of cleaning;
due to the fact that you were provided with a service of inadequate quality, which caused irreversible damage to the thing, on the basis of Art. 35 of the Law "On Protection of Consumer Rights" you demand:
- refund of the cost of cleaning;
- reimbursement of double the price of the damaged item;
remind you that by law your request must be fulfilled within 10 days.

Lost the jacket.

Marina bought a suede jacket in Italy. I threw away the check a long time ago. I handed it over to dry cleaning, came to pick it up - they lost the jacket! There were problems with the payment of compensation - there is neither a check nor the thing itself, how to find out the price?

Experts will help. Submit a statement with a detailed description of the missing item and a request to determine its average market value to the appraisers at the commodity examination bureau. Present the resulting conclusion to the dry cleaners and demand compensation for the damage in the amount of twice the price of the lost item.

THIS WILL BE USEFUL!

What will make the receptionist more accommodating

If they are rude to you, refuse to objectively describe the item being handed over on the receipt, do not want to draw up an act on damage, demand that you immediately issue a complaint book.

Very often, such a requirement in itself stimulates dry-cleaners to be more attentive to the requirements of the client.

By the way, you can also enter a claim in the book of complaints if you refuse to accept a separate application.

If they don't even give you a book, remind the cleaning agent that a refusal to issue a book of complaints is recognized. administrative offense. The fine under the relevant article is up to 30 thousand rubles.

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

Who is guilty?

To determine the cause of damage to a thing - a hidden manufacturing defect or hacky work of dry cleaning - an independent examination is carried out. Ask the dry cleaner to pay for it. If they refuse, hand over the damaged clothes for examination yourself. If violations are confirmed, the dry cleaner will be obliged to reimburse you for the costs of the examination. If a manufacturing defect is found and no more than two years have passed after the purchase, then all claims are addressed to the store.

BY THE WAY

The price of the damaged item is confirmed by checks - cash or commodity. If they are not preserved, indicate the cost from memory, and in case of doubt, an appraisal examination is carried out.

WHAT TO DO IF YOUR ITEMS ARE DAMAGED IN THE LAUNDRY CLEANER?

During dry cleaning, the item may shrink, shed, tear, etc. If a dry-cleaner spoiled a thing for you, we recommend that you follow the following algorithm.

Step 1. Determine if there are grounds for a dry cleaner to be liable for damage to your item.

The fact of warning you about the special properties of the transferred item may be confirmed by a receipt for the item to be dry-cleaned or other documents that you signed when you handed over the item to the dry-cleaner.

Ignorance of the special properties of a thing does not relieve dry cleaning from responsibility (clause 12 of the Rules, approved by Decree of the Government of the Russian Federation of 15.08.1997 N 1025).

Grounds for the release of dry cleaning from liability

defects detected when the product was received for dry cleaning;
manifested hidden defects resulting from a violation of the technology of using the adhesive method of fastening parts when sewing products from textile materials, sheepskin, leather, fur, suede, etc. and improper care of the product during operation;
old, indelible stains from paint, mold, silicate glue, insecticides, ink, ballpoint pen pastes and oils on products made of all types of fabrics, from natural suede and reversible sheepskin;
change in color shade and different shades in places of greatest wear of products made of sheepskin, velor, suede, leather, etc., treated with dye solutions after dry cleaning;
partial loss of pile from the surface of products made of artificial velvet and velor;
etching on products from road dirt;
whitish stripes and abrasion in places of greatest wear (cuffs and sleeve folds, side seams) on products made of dyed sheepskin, natural and artificial suede, polyester fiber;
yellowness and discoloration, formed from prolonged exposure to sweat, chemicals, atmospheric conditions, and on light fur products, in addition, from the natural aging of the hairline, which appeared after dry cleaning;
fuses, yellowing and whitish patches caused by improper ironing at home or during the production of the product and manifested after dry cleaning;
violation of the integrity of products, as well as the descent of loops on knitwear as a result of prolonged wear or in places of damage by moth larvae or cigarette ash, which appeared after dry cleaning;
creases and delaminations on products made of duplicated textile materials, formed during long-term operation;
streaks formed during the processing of products with aqueous solutions at home.

Step 2. If there are grounds for the dry cleaner's liability for damage to your item, file a claim with the dry cleaner.

Submit your complaint directly to the dry cleaners. On the second copy of the claim, the representative of the dry cleaner must put down the date of its receipt, his last name, first name, patronymic, signature, position. If the performer is an organization, then a stamp or seal is also affixed. The claim can be sent by mail to the legal address of the dry cleaner by a valuable letter with a description of the attachment with a return receipt.

Be sure to keep the second copy of the claim with a note of receipt by the contractor if the claim was delivered personally, or the mail notification of receipt of the claim - in case you have to defend your case in court.

Step 3. Wait for the dry cleaner to fulfill your request within the specified time.

The consumer's requirements for the elimination of deficiencies are fulfilled within a reasonable time, appointed by the consumer, which is determined according to the contract or other documents signed between the dry cleaner and the consumer. If the deadline is not set in the documents, the requirements must be fulfilled within the time period specified in the consumer's claim.

Step 4. In case of non-fulfillment or delay in the fulfillment of your requirements by the dry cleaner, file a claim with the court.

free of charge to eliminate the shortcomings of the work performed;
reduce the price of the work performed accordingly;
within three days, replace the damaged item with an item of similar quality, and in the absence of such, reimburse twice the price of the lost item, as well as the costs incurred by you;
reimburse the costs incurred to eliminate the shortcomings of the work performed on their own or by third parties;
fully compensate for losses caused due to shortcomings in the work performed.

Attach to the statement of claim, in particular, the following documents (Article 132 of the Code of Civil Procedure of the Russian Federation):

a receipt for the delivery of things to dry cleaning;
a claim against a dry cleaner;
dry cleaner's response to your claim (if any);
calculation of the amount of the claim;
other evidence supporting your claims;
copies of the statement of claim with attachments according to the number of persons participating in the case.

Step 5. Take part in court hearings.

During the consideration of the case, the court may, at your request, appoint a forensic examination, the results of which in most cases are taken into account by the court when making a decision on the case (Article 79 of the Code of Civil Procedure of the Russian Federation).

To resolve a litigation, you may need qualified legal assistance from a specialist, the cost of which, depending on the complexity of the case, the amount of the claim and other factors, may be significant. In the case of representing your interests in court, a notarized power of attorney for a representative may be required (Articles 185, 185.1 of the Civil Code of the Russian Federation; Part 2 of Article 53 of the Code of Civil Procedure of the Russian Federation).

If the claim is satisfied, the court, at your request, may fully or partially recover from the defendant in your favor court costs, including the costs of paying for the services of a representative (part 1 of article 98, part 1 of article 100 of the Code of Civil Procedure of the Russian Federation; paragraph 2 , 4 Decrees of the Plenum Supreme Court RF dated January 21, 2016 N 1).

Payments of penalties and fines made to citizens in connection with violation of consumer rights are not exempt from personal income tax. Payable financial compensation moral damage not taxed (clause 7 of the Review of the Practice of Considering Courts of Cases Related to the Application of Chapter 23 tax code Russian Federation(approved by the Presidium of the Supreme Court of the Russian Federation on October 21, 2015)).

Sample claims and complaints about dry cleaning for a damaged item

Situations when dry cleaning ruined a fur coat or coat are not isolated. Of course, the culprit will want to avoid responsibility. But, the legislation provides many opportunities that will force the organization to compensate for the damage caused. The main thing is to correctly argue your claims.

Responsibility of a dry cleaner for a damaged item

Legislation establishes liability performers providing domestic services. For example, if a garment is lost, the household business is required to return a similar item to the consumer or refund twice the cost plus cleaning costs.

Entering phrases into the receipt-contract, according to which responsibility, risks are completely shifted to the owner, are unacceptable. Such persons face administrative liability in the form of a significant fine.

So, if a dry-cleaner spoiled a thing, the consumer can complain to territorial bodies Rospotrebnadzor, which will fix the administrative violation. Officials will contribute a thousand or two rubles to the state treasury, and the enterprise itself is threatened with fines and more serious - in the amount of twenty thousand rubles. But we'll talk about that in the next section.

What to do if your item is damaged at the dry cleaners

Well, you have ruined a thing in dry cleaning, and you do not know where to start and what to do? Let's sort out the order necessary action from the very beginning:

Resolving conflict verbally

First you need to talk to the manager and explain your requirements verbally. The argument will be the receipt that was issued when placing an order for the provision of services. The document must contain information about:

legal address of the organization, its contacts;
Full name, contacts of the customer (client);
the type of service provided;
name, detailed description of the thing (even fittings are described);
time of completion;
day of acceptance of the order;
cost of services, mark of payment, advance payment;
Full name, signature of the person who accepted the order;
customer's signature.

The latter indicates that the owner is warned about possible risks. Often, all customers are provided with a “universal” receipt for signature, in which it is written in small print that the customer has been informed of the possible damage to clothes.

Such a signature is the main argument of the performer. Therefore, if the thing was spoiled in dry cleaning, the claim of the victim remains unsatisfied. But, is it legal to refuse?

Not really. According to the provisions of the Civil Code, a receipt is one of the varieties of an accession agreement. That is, the consumer can use the services (in our case, dry cleaning) only by agreeing to the terms of the contractor. At the same time, civil law provides that this agreement cannot restrict the right of citizens to protect their interests.

Thus, the presence of standard phrases on the receipts about a possible risk does not exclude the responsibility of the contractor if a down jacket, fur coat, jacket or coat is spoiled in dry cleaning.

Making a claim

But since you are reading this article, most likely you have already passed point number 1, and it was not possible to amicably resolve the conflict with dry cleaning. Therefore, we proceed to the next stage - we draw up a written claim. You can download a sample claim for dry cleaning here - Claim for damages. A detailed description of the preparation of such a document can be found below, in the next section - "Sample".

This claim must be submitted by registered mail or hand it over to the head of dry cleaning against signature.

Making a complaint

If the claim did not have any effect and the dry cleaner refused you or simply ignored you, we proceed to the third stage - a complaint to supervisory authorities. In our case, this is Rospotrebnadzor. You can download a sample complaint here - Complaint to Rospotrebnadzor.

It should be noted that a complaint can be filed in the traditional way - in writing to the official address of the organization responsible for your city (or district) or online on the regulator's website. At this link you will find a form for filing a complaint for residents of the Moscow region - //77.rospotrebnadzor.ru/index.php/upravlenie/priemnaya/forma. If you live in another region of the Russian Federation, then simply select the appropriate city on the Rospotrebnadzor website. Below are the fields that you have to fill out on the site.

Together with the decision of Rospotrebnadzor, a statement to the court is ready, we are attaching all the materials to the claim and submitting it to the court for dry cleaning.

Sample complaint letter for damaged item

A damaged item is issued in dry cleaning only after drawing up an act on the defects found. If the performer refuses to draw up a document, it is not worth picking up defective clothes. A complaint to Rospotrebnadzor will make the representatives of the enterprise more accommodating.

The resulting act is submitted to the dry-cleaner for a damaged item, a sample will help to draw it up correctly. Although there is no strict form for the document, there is general rules design. The paper displays:

name of the performer;
the essence of the conflict;
statement of one's position;
an offer to make amends;
date, client's signature.

The document is drawn up in two copies. One sample of a claim to a dry cleaner about a damaged item is handed over to the contractor, the second is kept by a citizen. If the representative of the organization refused to mark the receipt or did not want to receive the materials at all, they can be sent by registered mail. The postage receipt should be kept by the injured party.

Standard samples of documents

Report on found defects
Complaint to Rospotrebnadzor
Damage claim
lawsuit

The dry-cleaner ruined a thing: a favorite cashmere coat, recently bought in an Italian shop for big money. Resentment, grief, but the desire to fight for justice does not lead anywhere, they only give rise to disappointing decisions on the part of the dry cleaning administration. What should a simple client do who does not know the laws, nuances and tricks in this matter, but wants to restore justice and return not only money for a damaged item, but also compensation for moral damage?

Laundry cleaning methods

In 1885, Jean-Baptiste Jolly came up with a way to get rid of stains on clothes without using the main detergent component - water. Then kerosene was used. It replaced the current chemistry elements and handled the dirt well. Now there is an alternative to dry cleaning clothes - wet cleaning, where there is liquid. It is concentrated, filled with detergent solvents. It is permissible to use it for slightly soiled things, but with grease stains and dyes. natural origin she won't make it.

At home, you can also easily clean a worn item, without having to turn to professionals for help. Otherwise, when stains are practically not removed with bleach, but only turn pale, it is worth enlisting the support of professional chemistry. Some believe that the service will ruin things, as they use rather inhumane cleaning methods. On the contrary, after the laundress, the state of the wardrobe improves noticeably, it becomes like new. This is due to the fact that:

There are categories of different substances that are applied to the cleaning of casual clothes, evening wear, winter dense multi-layered fabric.
New technologies are being introduced for each type of textile separately.
Some things are processed by hand, after which the stains are removed by machines.
To wash furs, hydrocarbon solvent compounds are used.
Anti-mole coatings are part of preparations for cleaning natural furs, sheepskin coats and down jackets.
Anyone can deodorize outerwear at the request of the client.

After any dry cleaning, fur coats are stored in special refrigerators. So the furs retain their original appearance longer. Separately, there are services for ironing, starching, professional laundry, air conditioning and disinfection. Each method is selected individually depending on the type of stains (coloring, burn, protein). If the dry-cleaner spoiled the item, it means that the wrong physical effect on the stain was chosen, as well as the method of removing the contamination.

What items are subject to strict dry cleaning?

All over the world, signs are used on things 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:

"Dry Clean Only": Many items marked with this icon can be washed at home if you know how to clean them.
Dry cleaning. If the word "only" isn't on the tag, you don't need to go to the dry cleaners. It is enough to do it at home with extreme caution. Clothing manufacturers tend to make the mistake of offering dry cleaning instead of using a washing machine. This is a precautionary measure when people, especially in the USA, neglect such inscriptions, referring to the conventions.

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

How and with what could the thing be rendered unusable: what does damage mean?

To give clothes a non-marketable appearance after dry cleaning is possible only with the help of caustic stain removers. Some solvents use benzene compounds, which literally eat away the fibers of the fabric. For example, a dry-cleaner ruined an item that was slightly soiled: dry cleaning or nitrogen was acceptable. If the staff considered that the dirt should be removed in a different way, without making sure whether this would cause irreparable damage to clothing or not, then the thought of the incompetence of workers can be assumed.

The very fact of damage is always noticeable upon receipt of the item - you took the clothes, examined them, and there: holes instead of old stains, stains, thinned places, etc. The fact can be recorded upon receipt of the goods.

What is evidence of damage to clothing?

There is such a system for receiving things: the goods have been cleaned, the client receives a tag about the manipulations performed, signs a document on the absence of claims, and pays for the service. Sometimes, when a client is returned a thing in a hurry, they are not allowed to check it, this indicates that there are pitfalls. It means that the dry-cleaner spoiled the thing, but they don’t want to admit it, trying to hide this fact. You can suspect something is wrong by several "symptoms":

Winter things are rented in summer, for example, fur coats, with subsequent storage in a cell. Often, after a season, the client is informed about the loss or unavailability of the goods for use. Solution: the client is obliged to give out the clothes, regardless of the period of storage paid, the type of washing, the selected service.
The presence of strange spots. Suppose, upon receipt of a sweater, a client noticed a strange stain or stains, but the administration claims that this did not happen during the cleaning process. They may refer to the cleaner who stained the clothes. Thus, in order to receive compensation, you need to write a complaint about the cleaner, who, in principle, does not exist in the company.
Sealed bags for "dear" customers. If you are returning an item in a heavy dark bag, check your clothing first. Do not accept items back until payment is made. There is a risk of taking a "pig in a poke" out of the laundress in the form of a damaged item.

Suspecting such moments, you can safely contact the Consumer Protection. However, in reality, few people win such cases in court.

Methods for determining and types of damage

If, nevertheless, it was possible to catch the violator of cleanliness by the hand, it is necessary to determine the amount of damage in order to then recover at least the depreciation cost for the service. 100% payment for clothes is not provided even by the most elite laundry agency. In addition, it was not the workers who spoiled the thing in the dry cleaner, but the wrong cleaning methods, technology or the steaming system itself. Here are some tips on what to do with your item before and after washing:

When you take your clothes to the dry cleaners, things are inspected better than when you buy them. All the details in stock are recorded - the size of the buttons, the number of decorations, additional information.
The condition of things and their fittings is indicated. If this is not on the check, you can safely make comments.
The customer must check the pockets for foreign objects himself. After washing, as a rule, the ink of the pen will decorate an expensive gentleman's suit.
Pay attention to the color scheme of the clothes - after returning the items, the client should not have questions: “Why is the coat dull, the child’s old things are not so bright, and the cuffs on the sleeves have not become snow-white, like 25 years ago when buying?”. Hoping to get new outfits, some customers place unrealistic hopes on laundress workers.
Do not forget to check for working snakes, note broken parts, marriage and defects.
Be sure to determine the deformation of the product. For example, they brought a blazer that had shrunken two sizes, but it was not noted on the receipt. This means that the dry cleaner will be to blame for the fact that the actual size is different from what is on the tag.
Pay close attention to the note about the burn-in of parts of the fabric. Bright pigments are more likely to succumb to this syndrome, and customers mistake it for pollution, hoping for washing.
The label is also of particular importance - it often indicates how and how to wash clothes. Names expensive brands should be alarming, the receiver marks them as luxury items, even if they are not real. The absence of tags is doubly alarming.

If differences are found on the receipt before the delivery and after the acceptance of the clothes, you need to sort it out. Damage of varying degrees is compensated partially or completely at cost possible costs.

When is it the fault of the wearer?

There are things that should be taken to dry cleaning, use various household chemicals, etc. At home, you do not need to wash the following fabrics and clothes:

Lined items.
Products with beads, sequins and other decorations.
Suits, especially wool.
Elements with complex structures.
Very dirty or stained items.
Pleated skirts, dresses and trousers.
Gentle synthetics, for example, "Rayon".
Things that are sewn from several types of fabrics.

At home, you can stretch some "difficult" things that do not have to be injured by chloride and toxic substances:

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

If the above models of things are subjected to strong steam treatment with the addition of chemistry, it is excluded that they will take on their original form. In addition, pay attention to the tags: if dry cleaning is prohibited, then so be it. Do not tempt fate, because no one will return your money for your oversight.

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. Human exposure may cause dizziness, nausea, headaches and fatigue in the short term.

Lack of tags does not exempt from liability

controversial situation happens when tags and any signs of washing are missing on clothes. After receiving clothes at the exit, you can get not quite what it was before. The dry-cleaner spoiled the thing - what to do in such a combination of circumstances:

First, prior to dressing, the inspector must ensure that the fabric can be exposed.
Secondly, things made to order are not marked in any way. These are expensive items of clothing, accessories, jewelry, metal inserts, silk linings. Don't take if you're not sure. Kohl issued, try not to spoil. In case of damage, a reconciliation act is drawn up and the damage is compensated in full.
Thirdly, the client is also obliged to agree with the chosen technology. Thus, he will remove responsibility from the staff for the little thing.

Typically, these laundries have a summary of the acceptance of fabrics. Regarding the type, possible services are offered. If the client wants to choose a specific technology for his clothes, he is notified of the possible damage. With the consent, he takes full responsibility for the entire subsequent process of working with the fabric.

How to reimburse the cost of a damaged item in dry cleaning: partial and full responsibility of the dry cleaning staff

There are concepts of partial and full reimbursement:

We will fully refund the money for the oversight of the personnel who forgot to check the pockets, look at the details of the tag, make sure that the cleaning method was chosen correctly.
They will partially refund the money if, involuntarily, the clothes have deteriorated, but according to the instructions, they should have been washed that way. Here it is necessary to take into account the work of the receiver, who, due to lack of experience, did not warn of a possible outcome.

Often, the responsibility of dry cleaning for a damaged item is shifted onto the shoulders of the client. In such cases, you need to file a complaint.

Proceedings without trial: the administration registers cases

Any complaint is considered by the competent authority. If the administrator can resolve the issue, then fines will follow immediately. The employee can be fired, and the client can pay damages for a new or worn item. If no solutions are offered, then the customer has the right to contact the police, an organization for the protection of the rights of clients.

Where to complain about incompetent employees?

In addition to specialized organizations, the client is allowed to contact the police if the item is damaged in dry cleaning. How to proceed further is at the discretion of the client. You can sort it out amicably by setting the average size damage. You can also contact the manager to draw up an act on the detected defects. Even if you saw them at home, trying on a mink coat, do not hesitate to contact. When appointing an examination, the result will prove that the fabric, when worn, could not tear to holes with obvious chemical burns. On the basis of Federal Law No. 35, the client has the right to receive double the cost of the item and the dry cleaning fee if the clothes are not wearable at all.

Dry cleaning claim: damaged item cannot be restored, recovery of compensation

Having fixed the act of reconciliation of defects and differences between the item handed over and received, you can contact the authorities. The description is carried out when applying to arbitration court. If there is a procedural norm of the article, a court session is expected. If you ruined an item in dry cleaning, what should you do? The sample (presented below) of the claim was accepted, but no one paid the funds.

This means that this fact must be recorded in writing, legally certified and attached to the lawsuit in court.

Many things cannot be put in order at home, so it is important to know what to do if an item is ruined in a dry cleaner. We tell you how to act to achieve an effective result, how to file a claim and what kind of compensation you should expect.

What to demand?

The Consumer Service Rules, the Civil Code and the Consumer Rights Protection Act (PCLA) are the “three pillars” that you should rely on if your item is damaged in dry cleaning.

If the woolen suit has sat down, shreds fall out of the fur coat after cleaning, and creases and bald spots appear on the sheepskin coat, which definitely cannot be attributed to “natural wear and tear”, then with these and many other “irreversible damages”, the customer is right:

return the cost of cleaning, and it, by the way, is quite high;

reimburse twice the cost of the unsuccessfully “cleaned” thing.

Article 35 of the LOA should be invoked not only in case of partial or complete damage to the thing, but also in case of its loss. Therefore, it is quite possible to threaten the listed compensations if the point delays the issuance of the thing or announced its loss.

Safety net

Those who thought about possible complications in advance get the maximum chances for success and a refund. It is not necessary to have supernatural powers of a seer, but taking a correctly completed receipt is a must.

The receipt must contain the following information:

the legal address of the executing company and its full official name;

Name of the customer, address and contact phone number;

the type of service provided;

detailed description of the item being handed over: color, composition of the fabric, completeness, the presence of one or another fitting, existing defects;

acceptance date;

turnaround time;

price.

On a note! It’s good if you can reflect in the receipt the estimated value of the item according to the receipt saved from the store.

There are several simple tips that help keep you out of trouble.

If you hand over a huge fur blanket, curtains or clothes with detachable details, such as a collar, tiebacks, lining, be sure to reflect this on the receipt. In the future, it will not be difficult to prove that the lost components of the model were available. The same applies to accessories - do not be lazy to list how many buttons, serviceable buttons, zippers are on things.

Keep in mind that the company is obliged to draw your attention to the defects of the item being handed over, as well as to warn about adverse consequences, pursuant to Article 35 of the RFP. But if something in the wording is not clear, do not sign the paper. For example, it is indicated that the fabric is dyed with an "unstable dye". What does this mean? For dry cleaning, only that she disclaims all responsibility if such a suit or dress fades or becomes stained after cleaning. By signing the receipt, you automatically confirm that you accept the risks, and in the future it will be extremely difficult to prove that you were not warned.

If at the time of acceptance you are forced to sign an agreement, which contains a clause on the absence of liability of the contractor in case of damage (loss) of the thing, you are not required to put your signature. And if you still signed, do not worry. Such contracts are easily recognized in court as null and void, as they violate consumer rights.

Action algorithm

When a dry-cleaner's item is damaged, a well-written claim will help you get your money back, but your actions depend on at what stage you identified poor-quality work.

Straightaway

If at the time of returning your cleaned clothes, curtains, tablecloths or sofa covers, you find damage, then:

do not sign receipts;

write a two-sided claim listing the shortcomings and indicating the amount to be returned (more details below).

Important! If you have signed an acceptance certificate, any further claim for obvious defects will not be valid.

The dry-cleaner is given 3 days to voluntarily meet the requirements. If this does not happen, contact your local consumer protection office. Another application will be required, as well as a duplicate of the previously filed claim and a response from the dry cleaner (if received).

Within 2 years

The law gives you 2 years to file a claim (section 19 of the RFP). This deadline is set because low-quality services are often discovered later. For example, a cleaned suit began to “creep” at the seams after 2-3 months due to the impact on the threads during cleaning of a too aggressive chemical substance.

In such situations, you may also be entitled to compensation:

100% refund of the cost of work;

payment for the damaged item;

moral compensation (validity is proved in court).

We write a claim

You are lucky if you contacted a dry cleaner who wants to hush up the scandal and pay what is owed without documents. But most likely, you still have to make a claim to the dry cleaner for a damaged item, and the sample will help you write the paper correctly. It must indicate:

the condition of the item before it was sent for cleaning;

the presence of special markings on the rules for caring for the product;

identified defects;

lack of warnings from the contractor about the potential risks of damage to the product;

claims for damages and grounds (sections of the RFP).

Attach documents confirming the expenses to the claim - a receipt for payment for cleaning services, as well as an assessment of the value of the item (an expert opinion or a purchase receipt, if you kept it because you purchased the item recently).

On a note! In order not to have to order an examination, lawyers recommend keeping store receipts for expensive items.

According to standard practice, a letter of claim is drawn up in two versions. Both are certified by seal and signature official. The customer takes one copy, the second one is left to the negligent performer.

If the company denies that the resulting defects resulted from bad work, That:

insist on a written refusal to meet your requirements;

take the item to the merchandise expert bureau to assess its value and confirm that the defects were obtained as a result of unsatisfactory dry cleaning;

after expert proof of the guilt of the performer, feel free to make a claim.

On a note! If during the examination a manufacturing defect is revealed, then the claims will have to be presented to the garment factory.

It is often impossible to hand over the claim in person, so it is possible to send it (with all attachments) by mail. Save the receipt you receive.

If 10 days after receiving a letter of complaint from you, the company still does not meet halfway, complain to Rospotrebnadzor, and then to the court. If the dry-cleaner damaged or lost the item, and at the same time refused to satisfy the legal requirements of the customer, arbitrage practice confirms that you will return not only the cost of services and the damaged (lost product), but also a penalty for the use of your money (Article 395 of the Civil Code), as well as compensation for moral damage and legal costs.