A claim for inappropriate provision of dry cleaning services. Advice of the day: what to do if a thing is spoiled in dry cleaning. Dry cleaning claim: a damaged item cannot be restored, recovery of compensation

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

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

Dear Readers! Our articles tell about typical solutions legal issuesbut 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 something ruined in dry cleaning, we will tell you in the article.

What regulates the relationship between the client and the company?

The relationship between a consumer and a chemical cleaning service company, are 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 of consumer services for the population."

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

How should the receipt be drawn up?

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

• name of the item;
• 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 acceptance and execution of the order;
• service cost.

During the reception of the item, the dry cleaning employee must examine her carefully and leave a record of the possible negative consequences of the upcoming cleaning.

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

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

How to act if the item is damaged?

If, when taking a thing from dry cleaning, the customer discovers the defects that have appeared, then he entitled to compensation damage caused to him.

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

If the item has received irreversible damage or its presentation has been violated, the customer can make a claim in which claim for compensation.

Where to contact?

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

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

Do you need expertise?

If the consumer service company disagrees with the damage identified by the consumer, he has the right to contact independent expertise... In this case, 2 types of expertise may be required:

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

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

What exactly is required?

The customer in the claim according to russian legislation 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 - reimbursement of the value of the thing in double the amount;
• full compensation moneypaid for the service.

How to make a claim?

In a claim addressed to the head of the company 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 simple writing and consists of 3 parts.

The descriptive part contains:

In the reasoning part, it is necessary to indicate which laws, bylaws and relevant consumer rights were violated during the provision of the service.

The final part must contain the requirements and the deadline for their fulfillment 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.

1. O. applied to the district court of Krasnodar with a statement of claim against PKF Asma LLC, Blesk dry cleaning company, demanding recovery of damages and compensation for moral damage for a spoiled 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. Proceeding from the fact that the commodity expert examination established the market value of the product, taking into account its 50% wear and tear, in the amount of 36,000 rubles, and collected 61,100 rubles in its favor, of which the cost of the dress was 36,000 rubles, compensation for moral damage - 3,000 rub., other expenses and losses - 22 100 rub.
2. K. applied to the district court of Samara with a statement of claim against the individual entrepreneur Alyushev E.B. with a demand to recover the cost ruined fur jacket double the amount, compensation for moral damage and other expenses. During the trial the court partially satisfied the claims of the plaintiff and recovered from the individual entrepreneur Alyushev E. B. the double cost of the product, taking into account wear and tear, in the amount of 156,000 rubles, compensation for moral damage in the amount of 1,000 rubles., other expenses and losses in the amount of 107,208 rubles. The total amount of the recovery in favor of K. is 264,208 rubles.

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

Since, by law, the contractor of this type of service is 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 item is damaged in dry cleaning? Find out about it from the video:

In LLC "DIM"

address: 125363, Moscow,

Victoria Sergeevna

address: 117198, Moscow,

st. Ostrovityanova, d., K.,

sq. 1

"In the order of pre-trial

settlement "

CLAIM

_4.docx

07/12/2010 I, Victoria Sergeevna, gave my things to the laundry "". I paid the cost of this service in full, which is confirmed by the receipt.

On July 16, 2010, DIM LLC was obliged to return my things to me according to an oral agreement, but the things were not returned to me. A few days later they called me and said that one of my belongings was damaged, so I was offered to use the services of Diana dry cleaning for the amount of the cost of this thing, or to return the full cost of this thing. I demanded to return the same thing to me, or to return the cost of the damaged thing. An employee of DIM LLC agreed to return the same thing to me.

A few days later, I phoned the Diana laundry, where they told me that given thing was ordered online and will be delivered in 7-10 days. Ten days later, I called the Diana laundry room again, but they did not answer me. More than a month has passed when they were obliged to return my thing.

Thus, I believe that my rights have been violated, because Laundry "D" provides poor quality dry cleaning services, and I am not refunded the cost of the damaged item.

According with article 4 of the Law of the Russian Federation of 07.02.1992 N 2300-1 (as amended on 23.11.2009) "On protection of consumer rights" the seller (performer) is obliged to transfer to the consumer the goods (perform work, provide the service), the quality of which corresponds to the contract.

In the absence of conditions in the contract on the quality of the goods (work, service), the seller (performer) is obliged to transfer to the consumer the goods (perform work, provide a service) that meets the usual requirements and is suitable for the purposes for which the goods (work, service) of this kind are usually used ...

If the seller (performer) at the conclusion of the contract was notified by the consumer about specific goals purchase of goods (performance of work, provision of services), the seller (performer) is obliged to transfer to the consumer the goods (to perform work, provide a service) suitable for use in accordance with these purposes.

If laws or in the order established by them provide for mandatory requirements for a product (work, service), the seller (executor) is obliged to transfer to the consumer the goods (to perform work, provide a service) that meets these requirements.

In accordance with Article 13 of the Law of the Russian Federation "On Protection of Consumer Rights" No. 2300-1 of 02/07/1992, for violation of consumer rights, the seller, the performer, bears the responsibility provided by law or contract.

Unless otherwise provided by law, losses caused to the consumer are subject to compensation in full.

Consumer rights upon detection of defects in the work performed (service provided) are determined by the norms article 29 of the said Law, namely: the consumer, upon detection of defects in the work performed (service rendered), has the right, at his choice, to demand:

- gratuitous elimination of shortcomings of the work performed (rendered service);

A corresponding reduction in the price of the work performed (service rendered);

Making another thing free of charge from a homogeneous material of the same quality or re-performing work. In this case, the consumer is obliged to return the thing previously transferred to him by the performer;

Reimbursement of expenses incurred by him to eliminate defects in the work performed (service rendered) on his own or by third parties.

In accordance with Article 28 of the Law of the Russian Federation "On Protection of Consumer Rights"No. 2300-1 dated 02/07/1992, if the contractor violated the terms of the work (service) - the start and (or) end of the work (service) and (or) intermediate terms of work (service) or during performance of work (provision of service), it became obvious that it would not be completed on time, the consumer, at his choice, has the right:

assign a new term to the contractor;

to entrust the performance of work (provision of services) to third parties for a reasonable price or to perform it on their own and demand from the contractor to reimburse the costs incurred;

demand a reduction in the price for the performance of work (provision of services);

refuse to fulfill the contract for the performance of work (provision of services).

In accordance with Article 32 of the Law of the Russian Federation "On Protection of Consumer Rights"No. 2300-1 dated 02/07/1992, the consumer has the right to refuse to fulfill the contract for the performance of work (provision of services) at any time, provided that the contractor has actually incurred expenses related to the fulfillment of obligations under this contract.

In accordance with Article 34 of the Law of the Russian Federation "On Protection of Consumer Rights"No. 2300-1 of 02/07/1992, if the work is performed in whole or in part from the material (with the thing) of the consumer, the contractor is responsible for the safety of this material (thing) and its correct use.

In the event of complete or partial loss (damage) of the material (thing) received from the consumer, the performer is obliged to replace it with a homogeneous material (thing) of similar quality within three days and, at the request of the consumer, to make the product from a homogeneous material (thing) within a reasonable time, and if 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.

Therefore, I have the right to claim twice the price of the damaged item.

According to article 393 of the Civil Code of the Russian Federation the debtor is obliged to reimburse the creditor for losses caused by non-performance or improper performance of the obligation.

Compensation for losses is provided for by the rules art. 15 of the Civil Code of the Russian Federation, namely: a person whose right has been violated may demand full compensation for the losses caused to him, if the law or the contract does not provide for compensation for losses in a smaller amount.

Losses are understood as expenses that a person whose right has been violated has made or will have to make to restore the violated right, loss or damage to his property (real damage), as well as not received income that this person would have received under normal conditions of civil turnover, if would not have violated his right (loss of profits).

According to article 15 of the Law of the Russian Federation "On Protection of Consumer Rights" moral damage, caused to the consumer as a result of violation by the seller or performer of consumer rights provided for by laws and legal acts Russian Federationregulating relations in the field of consumer protection, is subject to compensation by the inflictor of harm in the presence of his fault.

By its actions, DIMA LLC inflicted moral harm on me, the compensation for which I estimate at 50,000 (fifty thousand) rubles, since I have to spend my time and nerves to eliminate this problem, contacting various authorities.

In addition, I was forced to apply for legal assistance to LLC "Barrier", to the cashier of which I paid 11,546 (eleven thousand five hundred forty-six) rubles.

Based on the foregoing, guided by the norms of Art. 4, 13, 15, 29 of the Law of the Russian Federation "On Protection of Consumer Rights",

I OFFER:

1. To pay the amount paid by me in the amount of ____________ in connection with the damage to my item in two times.
2. To reimburse me the amount paid for legal assistance to OOO Barrier in the amount of 11,546 (eleven thousand five hundred forty-six) rubles.
3. Pay me an amount of 50,000 (fifty thousand) rubles in compensation for moral damage.

I ask you to fulfill these requirements within 10 days from the date of receipt of this claim. If my requirements are not met before the specified period I will have to go to court, with the attribution of all legal costs to your account.

Application:

1. copy of receipt
2. copy of the agreement with LLC ""
3. copy of the check of LLC ""

"____" _______________ V.S. ______________

Download the claim in WORD _4.docx format

Lease debt claim

Claim under the furniture sales contract (return of furniture)

After new year holidays the man brought a dress and trousers to the Krasnodar dry-cleaner. The dress is by Christian Dior and the trousers are by Salvatore Ferragamo. He paid 1180 rubles to clean them of the traces of their former fun.

Ekaterina Miroshkina

economist

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

Why did the dry cleaning customer demand so much money?

The dry cleaning ruined things, he said. You can no longer wear them. According to the law, for this, you can demand double the value of things and compensation for expenses. The man did just that. Christian Dior is not cheap these days - half a million has run 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 items, there were no complaints from the client. He did not come with questions about the stain and the reduced trousers after a week or two. And where is the evidence at all that this white spot appeared after dry cleaning? Maybe the dress was washed again, and the trousers were not ironed correctly?

What did the courts say?

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

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

You also need to return all the money for the services, pay a forfeit 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 pants shrank two sizes because they were ironed too hot. Clothes are new, wear is only 5-10%.

Consumer rights violated, return the money to him.

As for the double cost of the thing - that's all true. If a customer's item or material was taken into the work, there is such a type of responsibility as double value. When a client goes to dry cleaning, he actually enters into a household contract. There is also a consumer protection law.

If something happens to the thing, the dry cleaner or the atelier will replace it or pay two prices. But there are rules for consumer services. They say that the consumer must accept the work and immediately inspect the thing with the performer. If deficiencies are found, they should be immediately reported, drawn up an act and recorded everything in it. If the flaw is revealed later, because it could not be noticed immediately, then it is necessary to report it within a reasonable time.

Sometimes disadvantages can be stated 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 the performer must prove the absence of fault. But selling goods or providing services is different. Here both sides must prove. If the client did not present any claims when he took things from the dry cleaning, he can still claim compensation. But only if he himself proves that the stain and shrinkage appeared before he accepted the thing.

And in this story we see this. The dry cleaning customer picks up the items on January 12th. In the receipt, he does not indicate any 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 the bleach, and the shrinkage of the trousers - from the iron. But the conclusion does not say that all this is due to the fault of the dry cleaning, and there is no exact date when problems with clothes appeared. The client could carry things for a whole month and do anything with them: wipe off stains and iron not according to instructions.

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

The bottom line. The court decisions in favor of the dry cleaning client were canceled. Supreme Court Says To Deal Again - Appeal Cited Findings The Supreme Court and ruled in favor of dry cleaning: she will not pay anything for the spoiled dress and trousers. And if she has already paid something, she will be returned every penny.

How to get money if the thing is really spoiled?

If you take your clothes to a dry cleaner or give fabric to a suit at the atelier, ask to write on the receipt that your things and materials are free of defects, defects, stains and wrinkled seams.

Indicate the cost of the item on the receipt. Or keep a receipt stating that this is the real Christian Dior. It’s easier to prove the value of a thing in order not to do it in court.

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

If there are defects on the items, write a claim without leaving the checkout. If not accepted, send by mail. After that, you have every chance of getting:

1. Two prices of things if dry cleaning can't replace them with the same.
2. All dry cleaning costs.
3. Compensation for moral damage.
4. Penalty if you do not pay immediately.
5. Penalty 50% if the case goes to court.

Or demand that the work be redone. Depending on the requirements, the execution time is 10 days or 3 days. It is not always possible to demand two prices: it works with an atelier and a dry cleaner, but with a parking lot that did not keep track of the car, no: there is only damage.

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

If you agree, you will not be able to file a claim. But this will not work with a white bleach stain on the dress and trousers reduced due to improper ironing: these are obvious defects due to improper cleaning and ironing. The main thing here is to submit claims on 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.

Girls, who faced this problem and how did you manage to solve it in your favor?

One of my acquaintances, a very good seller of our website, ruined the Italian winter coat of the famous chic Italian brand. The fur on the coat was badly peeled off (it went all over the front edge - where buttons or zipper from the very bottom to the top and there was also an excellent edge on the hood) and the color changed. The view is not good at all. The coat was in perfect condition and just fabulous, and the girl was going to sell it. The brand is very different and even a used coat of such a brand is not cheap. As a result: a spoiled coat, dry cleaning costs, and no money, no coat, of course.

Here's what I found on the internet on this topic. What do you think?

If you received poor service or if a thing is damaged in dry cleaningand it caused irreversible damage to the thing, you can demand:

1) reimbursement of the double price of the damaged item;

2) refund of cleaning costs.

(Art. 35 of the Law - About Consumer Protection) (ZoZPP)

If you immediately notice damage to the item, don't take herfrom dry cleaning, but immediately demand draw up an act(statement) indicating the detected defects. Usually it is made out in two copies: one, with their signature you take it for yourself, the other remains in the dry cleaner. You can write a claim on the spot right away or draw up a claim at home and bring it later. Your request must be met within 10 days. ( Art. 22 Law - ZoZPP)

If the defects were not noticed immediately, then this is not a big deal: according to the law, the injured consumer has the right to submit his claims within a reasonable time frame within two years after the acceptance of the work. True, you will have to justify why they did not immediately realize it. ( Art. 19 of the Law- ZoZPP)

In the claim:

describe the damage you found when you returned the item;

indicate when and in what condition the item was handed over to dry cleaning;

note that the clothing has been properly labeled to require dry cleaning; The receiver did not carry out any tests and tests to confirm hidden defects of the item and the danger of cleaning. Thus, you have not been reasonably warned about the deterioration of your clothes as a result of cleaning.

Dry cleaning is exempt from liability in two cases:

1) If the client warnedabout the specific special properties of things and their possible manifestations during cleaning. And about this there was a record concerning your clothes.

2) If the item has deteriorated due to hidden defectsthat could not have been detected during proper acceptance. For example, the receptionist has carefully studied the label, the dry cleaning did not violate the labeling requirements, but lumps formed inside your favorite item.

On a note

According to Consumer service rulespopulation, the receipt when describing the thing must indicate the composition, completeness and accessories. Please note that this column must be filled out if you are renting out clothes with detachable details: collar, hood, belt, etc. There are times when these elements are lost and the dry cleaner tries to get out: they say, you are a sheepskin coat (coat or jacket) without them handed over. ( Art. 18 of the Rules)

Some dry cleaners, when accepting things, require the client to sign an agreement, which says what the service provider is for the safety of the thing is not responsible, even if it is irrevocably damaged. In no case do not signthis document! And if you signed it, do not despair - it has no legal force. Contracts that infringe on consumer rights are declared invalid in court ( Art. 16 of the Law - On Protection of Consumer Rights).

There are times when the performer refuses to accept a claim, then it can be presented in front of witnesses. When you leave one copy to a dry cleaning employee (preferably someone from the management), make a note on the second: “The claim was handed over to such and such an employee in the presence of two witnesses - name, address, signature. Such and such an employee refused to sign for the claim ”. In court, witnesses confirm the fact of delivery of the claim.

If a do not respond to your application or are inactive within 10 days from the moment of filing the application, you need to go to the lawyers of a public association of consumers, to Rospotrebnadzor and, finally, to court.

Now let's write a statement.

Sample application for compensation for damaged items:

Director of LLC "Such-and-such dry cleaning"
from name
residing at: Address and telephone number for communication

STATEMENT

for compensation for damaged things

On October 22, 2017, I entered into an agreement with your dry cleaner to provide me with dry cleaning services for a sheepskin coat. The sheepskin coat was almost new, only the first time I gave it to clean.

On November 5, 2017, I came to receive a sheepskin coat from cleaning. She completely lost her appearance (all in spots, stripes and stains), it is absolutely impossible to wear such a sheepskin coat.

In accordance with clause 1 of Art. 35 of the Law of the Russian Federation - "On Protection of Consumer Rights" - ask:

1) either return me a similar sheepskin coat within the three-day period established by law, or reimburse me twice the cost of the spoiled sheepskin coat.

2) and also refund the dry cleaning cost to me.

The cost of a sheepskin coat is 15,000 rubles, the cost of dry cleaning is 350 rubles. Thus, the amount to be paid is 15350 rubles.

ASK:

Consider my claim within 10 days. If my demands are ignored, I will have to go to court. In the statement of claim, in addition to the above, I will ask the court to recover compensation for moral damage from your enterprise, and you will also have to pay a state fee.

ATTACHMENT:

- a copy of the receipt for the provision of services (dry cleaning);

- copy sales receipt on a sheepskin coat.

Ivanova A. L. __________

Or we draw up an act on the detected defects:

Acceptance certificate - transfer

under the contract for the rendered services for dry cleaning of the product ___________________

from "____" _________________ year

____________________________________________ "____"_________________ of the year
(indicate the place of conclusion of the contract)

"Performer" on the one hand

_________________________ represented by
(full name of organization, enterprise)

______________________________________________,
(position, full name)

and "Customer", on the other hand

______________________________________________,
(FULL NAME.)

have drawn up this act on the following:

1. In the period from "____" ______________ to "____" _________________ year
The Contractor performed the following works and provided the Customer with the following services:

_____________________________________________________________________.

The cost of the work (services) performed was ________________________ rubles.

2. When receiving and transferring the product to the customer from the contractor, the following shortcomings were found:

_____________________________________________________________________.
(transfer)

3. This act is drawn up in two copies and has the same legal force.

Contractor ___________________________

Customer_______________________________

M.P.
address

I believe I should go and claim compensation for my damaged coat and a refund for dry cleaning costs.

Who has achieved good results in such matters? Advise something .. I'd like to help this good girl in this issue... Thanks to everyone who responded.