A soiled item cannot always be simply washed, sometimes it needs dry cleaning. This is especially true for outerwear. But often it becomes even worse if, having been in dry cleaning, the thing has seriously deteriorated. What to do in such cases, we will tell you in order.
What to do if the thing was cleaned poorly
Hoping for modern technologies garments and in accordance with the care instructions on the label, clothes with stubborn stains are taken to the dry cleaners. If, upon receiving the item, you see that the stains have not been completely washed off and still noticeably spoil the look of the clothes, then the item has not been cleaned completely. The owner has the right to demand:
- Clean up again, now for free.
- Reduce labor cost.
- Pay the costs incurred (including moral damages) if you had to apply for a service to another company.
What is the responsibility of the service provider if the item is damaged?
If, after dry cleaning, the thing is so damaged that it can be thrown away, you will have to demand compensation from the contractor who could not do his job efficiently. What exactly you need to know and do to defend your rights, read below.
Step 1
When handing over an item for cleaning, check how the acceptance receipt is drawn up. Often it contains special conditions contracts, pay attention to them. The receipt must include:
Helpful information
According to the laws, the buyer has the right, when returning the purchased clothes, to return the money or exchange it for a more expensive model with an additional payment, or a cheaper model with a partial refund.
For more information about returning clothes, read this
- legal address of the company;
- data of the customer of the service, telephone, address, full name;
- type of service;
- name of the thing, color, composition, completeness, availability of accessories, existing damage and defects;
- date of acceptance of the thing for work;
- period of execution;
- the cost of the work;
- signature of the customer and contractor.
The customer's signature means agreement that he is familiar with the information about the occurrence of possible damage (as a rule, a special item on the receipt indicates this) during the cleaning process, and such a signature becomes the main argument in subsequent proceedings. Thus, the performer hopes to remove any risk and avoid responsibility in the event of a marriage in the work.
But the law does not take into account such tricks and says that even if the client subscribed to the standard phrase, the contractor must still be responsible for the damaged item.
Step 2
The description of the thing is done by the receiver. Check or dictate the text, wording. Do not use terms such as “general pollution”, etc. Specify exactly what size the stain or pollution is, where it is located, the nature of the pollution (dirt, tea stain, etc.). Make sure that the wear of the item is correctly indicated. Usually it is indicated larger than it actually is. If you do not insist and agree with what the receiver dictates, in the future it will be difficult to dispute the fact of marriage through the fault of the cleaners. For example, if a tear appears on a thing and you point it out, you will be told that the thing is worn out by 70%, as evidenced by your signature on the receipt, which means they will not be accepted.
Step 3
When you took the item from cleaning, you found that it had become two sizes smaller, the color had faded and holes had appeared. Having made a verbal complaint and received the standard excuse that “everything was like that,” make up bilateral act, which list the defects found.
Note! The receiver cannot refuse to draw up an act, since this will be a violation of the rules and a reason to contact the supervisory authorities (Rospotrebnadzor, the prosecutor's office, etc.).
You don't have to pick up the item yet. In addition to the act, fixing the fact that the item was damaged in dry cleaning, a claim is drawn up. It is written in free form, in duplicate, and must include the following items:
- the name of the performing company;
- description of the problem;
- an indication of the presence of special markings on clothing that allow dry cleaning, non-conduction by the receiver of samples, tests to determine the reaction of the fabric to chemicals and the identification of hidden defects (if any);
- claims for compensation for the cost of work and double the cost of the thing;
- date, signature.
Having given one copy to the employee of the institution, ask you to put the incoming number on the remaining one in accordance with the procedure for maintaining document management. If the complaint is not registered, citing the absence of the boss, and other problems, send it by registered mail with notice.
A claim to dry cleaning for a damaged item (see sample below) must include the period that is allowed for the contractor to consider: 10 days (Article 22 of the Federal Law "On Protection of Consumer Rights").
For the item damaged by the service provider, the client has the right to receive:
- refund of the cost of work;
- reimbursement of the value of the thing in the double amount;
- refund of the cost of the examination, if it was appointed.
This responsibility is assigned to the service provider by law. According to , in case of complete or partial loss (damage) of an item accepted from the consumer, the contractor is obliged to replace it with a homogeneous material (item) of similar quality within three days and, at the request of the consumer, make the product from a homogeneous material (item) within a reasonable time, and in the absence homogeneous material (thing) of similar quality - to reimburse twice the price of the lost (damaged) material (thing), as well as the costs incurred by the consumer.
Confirm the cost of the thing with checks, if preserved, or with an act from the bureau of examinations.
After 10 days from the date of filing the claim, if the requirements are not met, the consumer has the right to write a complaint to Rospotrebnadzor or go to court. Before serving statement of claim it is better to conduct an independent examination, which will determine the cause of the damage to the thing.
When the service provider is not responsible for damage to the thing
The service provider is released from liability for damage to the thing in the following cases:
- The customer is warned about the features of the thing and the occurrence of possible negative consequences as a result of cleaning.
- The thing lost its appearance due to the presence of hidden defects that could not be detected upon acceptance.
Pay attention, when giving the thing for cleaning, to detachable parts, accessories and other elements. Indicate them on the receipt so that in case of loss you can claim compensation for the lost.
When giving an item for cleaning, carefully study the receipt filled out by the receiver. Do not sign it if any points are not clear. Ask for clarification on what they mean.
Something is not clear? Ask a question and get a comment from an expert
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Actions after discovering defects
Having received an item that you previously gave to dry cleaning, and found that its size has significantly decreased, the color has changed, and in addition, other damage has appeared to the material from which this item is made, you don’t know what to do about it?
Important! To begin with, verbally inform the dry-cleaner about your claims. Most likely, you will be told that the thing has already had these damages, and dry cleaning has nothing to do with it. In this case, an act on the identification of defects should be drawn up. This act is drawn up by two parties - the client and the authorized representative of the dry cleaner.
Dry cleaners have no right to refuse you to draw up such an act. Refusal on their part will be a direct violation of the norms of the current legislation. Russian Federation and will become the basis for you to apply to various regulatory and supervisory agencies, such as: federal Service on supervision in the field of consumer protection and human well-being, the prosecutor's office and so on.
In this case, you should not take the damaged item. In the event that the damage that your item received in dry cleaning was discovered by you already outside it, this does not mean at all that you do not have the right to claim appropriate compensation.
But this can be done only in the case when these defects were initially hidden, and in the process of accepting the item it was not possible to reveal them.
An example of such latent defects is a fabric that, as a result of exposure to chemicals used in the cleaning process, was damaged and began to break down after a short time.
If you did not examine the item carefully enough or did not examine it at all and signed the act of receiving the item from the dry cleaner, and when you came home you found obvious defects, for example, remaining stains, filing a claim with the dry cleaner will be unlawful.
Therefore, be extremely careful when receiving a dry-cleaning item, carefully check it for various flaws.
Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.
What is the law
The following legal acts protect your legal rights and interests:
- approved by the Decree of the Government of the Russian Federation of August 15, 1997 No. No. 1025 Rules consumer services population in the Russian Federation;
- Civil Code of the Russian Federation;
- Law of the Russian Federation of February 7, 1992 No. No. 2300-I "On consumer protection".
Please note! Federal Service for Supervision of Consumer Rights Protection and Human Welfare No. 0100/2473-06-32 of 07.03.2006 installed, dry cleaning, as well as laundry done by legal entities or individual entrepreneurs should be seen not as a service but as a work performed.
Based on this, all relations that arise between the dry cleaner and the client regarding the performance of work on cleaning things are governed by the provisions of Article 35 of the Law of the Russian Federation of 02/07/1992. No. 2300-I "On consumer protection".
Your rights in case of damage to clothes in dry cleaning
The norms of Article 35 of the Law of the Russian Federation of February 7, 1992 No. 2300-I “On Protection of Consumer Rights” clearly states that the contractor is fully responsible for the safety of the thing that the customer gave him to carry out certain work on it.
Remember! In practice, this means that if the dry-cleaned item, as a result of cleaning work, has received damage that is incompatible with its further use, then the owner has the right to demand:
- compensate for the damage caused to him, the amount of which is equal to twice the value of the damaged thing;
- give him back cash given in payment for the cleaning of the damaged item.
At the same time, in order to satisfy the requirements put forward by you, dry cleaning is given three days. This obligation directly follows from the provisions of paragraph 3 of paragraph 1 of clause of Article 35 of the Law of the Russian Federation of 07.02.1992. 2300-I “On Protection of Consumer Rights”, which reads: “In case of complete or partial loss (damage) of the material (thing) accepted from the consumer, the contractor is obliged to replace it within three days with a homogeneous material (thing) of similar quality and, if desired, 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) of similar quality, to reimburse the consumer for the double price of the lost (damaged) material (thing), as well as the costs incurred by the consumer.
You will be able to receive such compensation only if it is proved that it is the dry cleaner who is to blame for the damage to your item or its loss.
Written claim
Important! If you have good reason to believe that a previously dry-cleaned item has been damaged by the dry-cleaner, you should file a properly filed claim.
Despite the fact that the current legislation of the Russian Federation has not established strict requirements for the form and content of the claim, it must contain the following information:
- full legal name of the dry cleaner;
- description of the current situation;
- indicate separately that there were special signs on the handed-over clothes that allowed dry cleaning. In addition, if the dry cleaner who took your clothes did not perform samples and tests to clarify the reaction of the material to the substances used in cleaning and identify hidden defects, be sure to report this;
- specify the requirements that you have for dry cleaning;
- the claim must be countersigned by your own handwritten signature indicating the date of its signing.
Attention! In accordance with the norms provided for by paragraph 1 of paragraph 29 of the article and paragraph 1 of paragraph 35 of the article of the Law of the Russian Federation of 07.02.1992. No. 2300-I"On Consumer Protection", you can present one of the following requirements to a dry cleaner:
- eliminate identified deficiencies free of charge;
- appropriately reduce the cost of the work performed;
- within three days, replace the damaged item with an item equivalent to it in terms of quality, and if the replacement is not possible, reimburse the cost of the damaged item in double the amount and the costs that you incurred to pay for dry cleaning services;
- to compensate you for the costs that you have incurred, by yourself or with the involvement of third parties, eliminating the damage;
- fully compensate you for the losses that you have suffered in connection with the discovery of shortcomings in the work performed by the dry cleaner.
It should be noted that in accordance with the norms of paragraph 2 of Article 35 of the Law of the Russian Federation of 07.02.1992. 2300-I "On Protection of Consumer Rights", the cost of the item transferred to dry cleaning is determined on the basis of a contract, receipt or other document that was drawn up when the item was transferred to dry cleaning.
If there is no information on the specific cost of the dry-cleaned item in such a document, then you will have to substantiate its actual cost. This can be done, for example, by providing financial document confirming the fact of its acquisition.
The claim must be made in two copies. One of them you should take to the dry cleaners. At the same time, demand that the dry-cleaner who accepted your claim must sign for its receipt on your copy.
At the same time, he must indicate the position held, as well as the last name, first name and patronymic. If possible, ask him to put a seal or stamp.
You can also send a claim to dry cleaning through postal item. In this case, you will need to send it by registered mail with a list of attachments and acknowledgment of receipt.
A copy of the claim with a note that it was received by dry cleaning or a notice of its delivery should be retained. They will be useful to you in case you have to defend your legal rights and interests in court.
ATTENTION! View a completed Dry Cleaning Claim Form:
Watch the video. Lawyer tips for filing a claim:
Terms of fulfillment of requirements
The requirements that you present must be met by the dry cleaner within a reasonable time. This period must be determined by you, based on the terms of the contract previously concluded with the dry cleaner, or other agreements that were signed by the parties.
If they do not contain indications of the time limits for satisfying the claims, then the claims must be satisfied within the period specified in the claim.
If in your claim you demand to reduce the cost of the work performed or reimburse the expenses that you incurred by eliminating the identified shortcomings, then in accordance with the norms of Article 22 of the Law of the Russian Federation of 07.02.1992. No. 2300-I “On the Protection of Consumer Rights”, ten days are allotted for dry cleaning to satisfy them.
If in your claim you demand to replace the damaged item with an item equivalent to it in terms of quality, or to compensate you for damage in the amount of twice the value of the item and the expenses you incurred, then in accordance with the norms of paragraph 1 of Article 35 of the Law of the Russian Federation of 07.02.1992. No. 2300-I "On the Protection of Consumer Rights", it must be satisfied within three days.
What to do if the dry cleaner refuses to pay for damages
Practice shows that cases when dry cleaners refuse to satisfy their customers' claims and admit their guilt for the damage caused to their property, and, as a result, compensation for the damage caused, are very common.
Remember! If you find yourself in a similar situation, then you will need:
- turn to independent experts who will conduct an examination of the damaged item in order to establish exactly when and as a result of which it received damage;
- be sure to keep a document confirming your relationship with the dry cleaner. Such a document may be a contract concluded with her, a receipt for payment for services, and so on. If during the examination it is established that your item was damaged as a result of the fact that the dry cleaner committed violations during the cleaning work, then the dry cleaner will have to compensate you for the costs of the services of independent experts that you have incurred.
- if, as a result of the examination, the fault of the dry cleaner was proved, you can safely go to court to protect your legal rights and interests.
Attention! If, as a result of the examination, it is established that the item was damaged due to hidden manufacturing flaws, then in this case, the seller or manufacturer, and not the dry cleaner, should be the defendant in your claim.
How to file a dry cleaning claim
It should be noted that the current legislation of the Russian Federation does not impose any special requirements on a statement of claim for the protection of violated rights. But when compiling it, it is worth being guided by the norms set forth in Articles 131 and 132 of the Code of Civil Procedure of the Russian Federation.
It should begin with an introductory part, also called a "cap".
The following should be indicated here:
- the full name of the court to which you plan to file a claim;
- information about yourself as a plaintiff. It is necessary to provide the last name, first name and patronymic, details of an identity document, address of registration and actual residence, as well as a contact phone number by which you can be contacted;
- Provide as much detail as possible about all the information you know about the defendant. It is necessary to indicate its full name, legal and actual addresses, and so on;
- the contract number between you, or a description of how you acquired the cleaning work.
It should set out:
- a detailed description of the work that you ordered;
- the cost of the ordered works;
- damage that you discovered after receiving the item from dry cleaning. It should indicate when exactly these damages occurred and under what circumstances.
In this case, one should refer to the specific norms of the current legislation of the Russian Federation. If you tried to resolve the conflict out of court, be sure to report this, outlining the essence of the claim and the answer to it.
Important! Based on the norms of paragraph 1 of article 29 and paragraph 1 of article 35 of the Law of the Russian Federation of 07.02.1992. No. 2300-I"On consumer protection", the statement of claim should indicate one of the following requirements:
- eliminate the shortcomings identified in the work at their own expense;
- make a corresponding reduction in the cost of the work performed;
- within three days, replace the damaged item with an item with equivalent quality characteristics, and if such a replacement is not possible, to pay compensation in the amount of twice the price of the damaged product and the costs that you incurred in paying for its cleaning;
- reimburse the costs that you incurred in repairing the damage on your own or with the involvement of third parties;
- fully compensate for the damage incurred due to damage to things, losses.
In accordance with the norms 15 and 30 articles of the Law of the Russian Federation of 07.02.1992. No. 2300-I "On the Protection of Consumer Rights", you have the right to demand that the dry cleaner compensate for moral damage and pay a penalty.
ATTENTION! View a completed sample claim for damages due to dry cleaning services:
When accepting the item from the client, the dry cleaner undertakes to keep it and perform the paid work. If subsequently the product has lost its appearance, it can not be accepted from the employee. In accordance with the law "On the Protection of Consumer Rights", the client has the right to make a claim to the dry cleaner for a damaged item according to the sample. An example document is available for download at the end of the article.
You can protect your rights when things are damaged in dry cleaning without having deep legal knowledge. This area is regulated by the law "On the Protection of Consumer Rights" and the Rules for Consumer Services in the Russian Federation.
The dry cleaning claim does not have a unified form. However, when compiling it, it is worth using the plan below. The form indicates:
- Destination data. Enter the position and full name of the head and the name of the enterprise.
- Client data. Enough name, place of residence and contact information.
- The date the item was sent for dry cleaning.
- The condition of the item at the time of cleaning. If there are sewn-in labels with care instructions, you should indicate this.
- Description of the moment of acceptance. It is important to refer to the fact that the employee made sure the integrity of the product, did not conduct tests and did not warn that the condition of the item could worsen after dry cleaning.
- Indication of damage.
- Client requirements.
- List of attached documents.
- Date and signature.
The dry cleaning claim is made in two copies. The copy intended for the client will be signed and dated by the employee as confirmation of acceptance. The second copy will remain in the dry cleaners.
If the employee refused to accept the claim, it can be sent by registered mail with a description of the attachment and a return receipt. Another possibility is to try to serve the form in the presence of witnesses.
What claims can be made
According to Article 35 of the previously mentioned Consumer Protection Law, if an item is lost, damaged or completely damaged in dry cleaning, the contractor undertakes to replace it with a similar product or return the cost in double. Three days from the date of receipt of an official claim are allotted for the implementation of these actions.
Important! If the client was informed in advance of the possible damage to the product and agreed to the risk, he will not be able to make a claim after dry cleaning.
Please read the receipt carefully before handing over the product. If an employee points out an unstable dye or fabric defects that may be aggravated after dry cleaning, the client is considered warned. Once he has signed this form, he will not be able to file a claim with the dry cleaner for the damaged item.
An important point is that the contractor is released from liability in the event that a defect in the product cannot be detected upon acceptance. If the characteristics of the material that led to the damage were hidden, paragraph 3 of article 35 of the aforementioned law removes the responsibility from the dry cleaner. When issuing a receipt, it is worth observing the evaluation of the product by the receiver.
The Thing Is Broken: First Steps
Legislation protects the rights of consumers. Therefore, in the event of a defect or damage to the product, the customer has grounds to demand compensation.
What to do before filing a claim with a dry cleaner? Let's look at some important recommendations.
- It is better not to accept a damaged product from an employee.
- Put a note on the receipt about what flaws were found after dry cleaning.
- Draw up a report on the identified defects. If it is not possible to fill out such a form, you can limit yourself to a mark on the acceptance receipt.
After these steps, it is worth writing a claim to dry cleaning. You can draw up a document directly upon receipt of the product. But it will not be a mistake to return home, complete the form and bring it to the organization.
Another option - the flaws were found at home. In accordance with Article 19 of the Law "On Protection of Consumer Rights", claims can be made within two years from the date of provision of the service. Despite such a length of time, it is better not to waste time. If the document is submitted late, the delay will need to be justified.
What documents are attached to the claim
As already mentioned, the affected consumer may demand double the cost of the item or provide a similar product. In order for the request to be satisfied, the client will need to confirm the value of the item. How can I do that?
To do this, documents are attached to the claim, which reflects the price of the product. These include:
- a check issued when buying in a store;
- bank account statement (if the purchase was made on bank card);
- official document from the manufacturer;
- certificate received from the seller;
- an expert opinion confirming the value of the thing on the market.
A sample claim to dry cleaning for a damaged item contains a list of attached forms. All additional documents should be noted in this list.
What to look for in a receipt
When taking a thing to dry cleaning, the employee always fills out a receipt. Before signing the form, you need to carefully read its contents.
The Rules for consumer services in the Russian Federation indicate what data this document should reflect.
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 a woolen suit has sat down, shreds fall out of a 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.
AT similar situations You may also be entitled to compensation for:
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 for 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 the seal and signature of the official. The customer takes one copy, the second one is left to the negligent performer.
If the company denies that the resulting flaws resulted from poor performance, then:
insist on written refusal in meeting 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 the penalty for the use of your money (Article 395 Civil Code), as well as compensation for non-pecuniary damage and legal costs.
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