Down jackets, fur coats, designer dresses - in almost any wardrobe there are things that are scary to wash on your own. It suddenly gets damaged. It would seem safer to take them to dry cleaning and trust the professionals. But it happens that instead of a favorite sheepskin coat, the customer receives a colorless piece of fabric. Who is responsible in this case and can I count on compensation? The TAM.BY team tried to figure it out.

Forewarned and armed

As you know, the order in dry cleaning is made in writing. Even at this stage, it is worth making sure that all the nuances are indicated in the document. It should contain the following information:

- Title of the document;

- the name (company name) and location of the contractor, and if the contractor is an individual entrepreneur - his full name, place of residence, information on state registration and the name of the body that carried out his state registration;

- full name, place of residence, contact phone number of the consumer;

- the name of the household service provided;

— the tariff for the rendered household service;

- the date of placing the order and the planned period for the provision of household services;

- name, description, quantity and cost of the material (product) transferred by the consumer for the provision of household services;

- the percentage of wear of the product accepted for repair (with the exception of electrical household goods, metal products, furniture, motor vehicles), dry cleaning, for painting and (or) color intensification, for washing;

– warranty period for the service rendered;

- other information related to the specifics of the household service provided;

- signatures of the performer and consumer.

Clause 11 of the Rules for consumer services

It also specifies the completeness, color, accessories, existing product flaws that cannot be removed during dry cleaning, painting and (or) color intensification, additional paid services provided with the consent of the consumer.

At home, inspect the clothes so as not to miss important nuances. Please note that upon acceptance, list all available fittings and components. Otherwise, if, for example, a belt is lost, it will be difficult to prove that it was in place when the item was dry-cleaned.

If there is a possibility that after dry cleaning the item will lose its appearance or there are other risks, then you should also be warned about this. The same applies to the absence of a marking indicating the type of processing possible for a particular garment. In this case, dry cleaning does not guarantee the quality of services provided, but it must warn about this and indicate this in the document. If you give your consent to the provision of services, then in case of an unsuccessful result, the contractor is not responsible.

Another nuance is the cost of the thing and its percentage of wear. They are determined by agreement between the customer and the contractor. If there is no specific methodology for determining the percentage of wear.

Besides:

“The contractor is obliged to provide the consumer, at his request, with a document on the basis of which the contractor determines the percentage of wear of the product accepted for the provision of household services for dry cleaning, painting and (or) color intensification.”

clause 62 of the Rules for consumer services

Written confirmation of the order is issued in two copies. One remains with the contractor, the second with the customer. Don't lose it.

Who is responsible for what?

Once the clothes are accepted, dry cleaning is responsible for their safety.

If the item is returned damaged or not returned at all (this also happens), you must replace it with a product of the same quality within 3 days. In the absence of such an opportunity, reimburse twice the cost of the damaged or lost item.

The cost of a lost (damaged) product accepted for repair, dry cleaning, for painting and (or) color intensification, for washing, is determined based on the cost and percentage of wear of the product (with the exception of electrical household goods, metal products, furniture, motor vehicles), specified in the document confirming the order. In the event of a written refusal by the consumer to accept the damaged material (product), the contractor has the right to dispose of (destroy) the damaged material (product) or use it for his own needs.

clause 25 of the Rules for consumer services

If the performer did not know the special properties and characteristics of the material (product), this does not relieve him of responsibility. An exception is a written warning to the customer about possible problems when accepting the product, which we talked about above.

If agreement cannot be reached

Carefully inspect clothes after dry cleaning. Are all the details in place, are there any damages, is the color preserved. If something is wrong, then you need to immediately draw up an act in two copies, which will list all the defects found.

You also need to write a complaint. This can be done locally or at home. Describe the condition of the item at the time it was dry-cleaned, list the damage found after the service was rendered, note the presence of the marking (if any) and indicate your requirements for the exchange of the item for a new one or a refund.

Representatives of the organization can deny their guilt. In this case, it will be necessary to initiate an examination and, based on its results, look for the perpetrators. The performer pays for its implementation. But if the truth is on his side, then you will have to reimburse the costs of the examination. Or, if possible, agree with the organization to share this burden in half.

It is also worth considering: if your clothes were washed in dry cleaning, according to the markings that were on it and nothing was violated in the process, but the thing still deteriorated, then they will not be held responsible for this. Because the manufacturer will most likely be found guilty. Either the wrong markings were hung on the clothes, or the technology of tailoring or fabric production was violated.

How, without having legal knowledge, to protect your rights if the dry cleaner returned the item damaged or did not return it at all? Let us turn to the legislation to consider how the state guarantees the protection of your rights in relations with providers of personal services.

Excerpts from the Law of the Russian Federation "On the Protection of Consumer Rights" and the Rules for Consumer Services in the Russian Federation are provided by dry cleaners at the first request of the consumer.

If, after polite conversations, the dry cleaner does not meet you, you have every reason to write a claim, which the dry cleaner is obliged to satisfy no later than ten days (Article 22 of the Law "On Protection of Consumer Rights").

Make a claim in writing (you have all the details on the receipt), preferably in two copies, so that you have confirmation of receipt of the claim by dry cleaning - this is the signature, full name, position of the person who received the claim and the date on your copy.

Please include the following in your claim:

1. your data;
2. the date the item was dry-cleaned and the condition of the item before you handed it in, the presence of labels recommending dry cleaning;
3. indicate that when handing over the item for dry cleaning, the receiving lady made sure that the item was intact and safe, did not perform verification activities and did not warn that the item could be damaged as a result of dry cleaning;
4. a description of the damage to the item by dry cleaning;
5. the nature of your claim (free of charge to eliminate damages, reduce the price, re-clean the product, compensate for expenses or terminate the contract, and fully compensate for the damages);
6. further, it is necessary to attach copies of documents: receipts, expert opinion, and, preferably, confirmation of the value of the damaged item.

The value of the damaged item can be confirmed by:

1. Check (if you have it);
2. Official written confirmation from the seller where the item was purchased;
3. Document from the manufacturer;
4. An extract from your bank account (if the item is branded and was paid for with a bank card);
5. An act of experts from the examination bureau on the value of a thing on the market.

Let's imagine that the dry cleaner does not accept the claim, then you need to send it by mail with a notification. Subsequently, you will need proof of postage, so keep the documents.

What is the responsibility of the dry cleaner for clothes damaged during the washing process?

The legislation of the Russian Federation provides for the legal field for the activities of organizations providing services to the population. According to Article 35 of the Law of the Russian Federation "On Protection of Consumer Rights", if your item is damaged or lost, the dry cleaner is obliged to replace it within three days or compensate the client for two times the cost of the damaged item, as well as the consumer's expenses for dry cleaning, postage, examination, etc. .

Check the contents of the receipt given to you by the dry cleaner. In addition to the required details, description of the item being handed over, cost of work/services, date of acceptance and due date, the receipt contains text written in small print stating that dry cleaning can lead to defects, including loss of presentation, which is illegal, since it obviously translates responsibility and risk on the consumer and violates his rights.

In addition to sending a claim to the contractor, the consumer can apply to the local authorities of Rospotrebnadzor to protect their rights.

Both the management of the dry cleaner and the dry cleaner itself as a legal entity may be brought to administrative responsibility.

What to do if the dry cleaner refuses to pay for damaged clothes?

It happens that dry cleaners deny that the damage to property was their fault, and do not compensate for the losses. In this case, it will be necessary to contact the expert bureau for a commodity examination in order to show a causal relationship from the actions of dry cleaning and damage to the product. Do not lose the receipt of the expert bureau in order to subsequently recover the costs of the examination from the dry cleaner. As soon as you receive an expert opinion that the damage was due to the fault of the dry cleaner, draw up and send a claim to the dry cleaner.

Please note, if as a result of the examination it becomes clear that the damage to the product arose due to hidden flaws in the product, then the claim will need to be sent to the seller or manufacturer of the product.

Scope of regulation

Legal relations arising between the consumer and the contractor (an organization providing dry cleaning services) are regulated by the Law of the Russian Federation of February 7, 1992 No. 2300-I “On Protection of Consumer Rights” (Articles 27-35), Decree of the Government of the Russian Federation of August 15 1997 No. 1025 "On approval of the Rules for consumer services to the population in the Russian Federation", the Civil Code of the Russian Federation (§ 1, § 2 of Chapter 37 "Household contract").

Fur coats, sheepskin coats, leather goods, wool, jackets, things made of combined materials and many other things at home simply cannot be cleaned well without harming them. However, many are in no hurry to go with them to dry cleaning, knowing that after dry cleaning the thing can be damaged. In order not to spoil things that require special delicate care, and not to get an unexpected and sad result for you, you should be careful when resorting to dry cleaning services.

Artist Information

Pay attention to the mandatory set of information, which must be presented in a visual and accessible form in a convenient place for viewing at the reception point. Here's what you should definitely see:

• name of the company, its legal address, telephone number and working hours;
• list of main types of services and forms of their provision;
• rules of consumer services for the population in the Russian Federation;
• excerpts from the Law of the Russian Federation "On Protection of Consumer Rights";
• the name of the standards (GOSTs), the requirements of which the quality of services must comply with;
• prices for the services provided and the timing of their implementation.

If this information is missing, it is hardly worth trusting your clothes to such a dry cleaner.

In addition, as additional information, you can see the interpretation of the symbols for product care, as well as the obligations of the client before handing over things for cleaning (for example, whether the client must unfasten buttons, zippers and other accessories). It happens that dry cleaners themselves rip off and then re-sew fittings or decorative elements, even perform minor repairs to the product. In this case, all this is already included in the cost of services. The Contractor is not entitled to perform additional services for a fee without the consent of the consumer.

Receipt. be careful

When accepting your item for dry cleaning, the receptionist is obliged to issue you a document - a receipt, which is your contract with the consumer services company for the dry cleaning service of your item. Before signing the issued receipt, carefully study its contents. An unnoticed phrase may result in the issuance of a damaged item to you and the inability to subsequently prove the fault of the dry cleaner, and as a result, the inability to recover the damage caused to you. If the receipt is illegible, you have the right to request that it be rewritten. You need to know that the receipt must contain:

• legal address of the consumer services enterprise;
• surname, initials, address and telephone number of the customer;
• type of service (work);
• name of the product, its color, composition, completeness, fittings, existing damage and defects;
• date of acceptance of the order and the date of its execution;
• service cost.

Upon acceptance, you will be pointed out the shortcomings and weaknesses of things (if any) and will be warned about the possible negative consequences of processing (for example, they will warn you that there are mole etchings on things made of wool, in place of which holes may form). You decide to take the risk and decide to give the item for cleaning. The receiver makes an appropriate entry in the receipt (for example, “As a result of dry cleaning, holes may form in the places of mole etchings on the sleeves of the product”), and you sign the receipt, including under this warning. In this case, if as a result of cleaning your item really loses its presentation in accordance with the written warning, you will not be able to make any claims about this.

You can not sign the receipt and refuse the services of this dry cleaning if they cannot guarantee the safety of the item. Therefore, before signing the receipt, read it carefully.

There is another scenario of a similar development of events.

The receptionist examined your belongings and wrote out a receipt (printed out on a printer). You did not read her illegible handwriting (small print), but when you received the things, you discovered annoying facts: the product was partially or completely damaged. In response to your claims, they show you a receipt and say that you signed the appropriate warning, which means that you were made aware of the possible damage to the thing and voluntarily agreed to such conditions. And you cannot make out a single word in the receipt and do not know what arguments you will bring in your defense.

If such a situation has arisen, it must be remembered that the receipt contains the terms of the contract, as well as information about the service. In accordance with Art. 10 of the Law of the Russian Federation “On Protection of Consumer Rights” and clause 11 of the “Rules for Consumer Services for the Population”, when placing an order, the contractor is obliged to provide reliable information about the service provided and about specific circumstances interfering with the quality of the service. In this case, the information was not provided because it was unreadable. Therefore, the consumer services company is liable for a poor-quality dry cleaning service for your product on the basis of Art. 35 of the Law of the Russian Federation "On Protection of Consumer Rights".

Often, dry cleaners use "standard" forms-receipts that have a text similar to the following: “As a result of chemical treatment, the following defects may appear: ...» Then there is a certain list of defects, among which there is a “loss of presentation”. Thus, the dry cleaner is actually trying to protect himself from any claims against you. If your item has really lost its presentation as a result of cleaning, and the dry cleaner refers to a receipt with a standard printed text, do not despair. If it was general text on the receipt form, but about defects exactly your stuff you weren't warned, the dry cleaner should pay for the damage.

The receipt issued by the dry cleaner is an agreement of accession. Article 428 of the Civil Code of the Russian Federation (CC RF) defines accession agreement as an agreement, the terms of which are determined by one of the parties in formularies or other standard forms and could be accepted by the other party only by acceding to the proposed agreement as a whole.

Thus, the very fact of the presence of the above printed text, namely, for example: “As a result of chemical treatment, the following defects may appear: ...” in each receipt infringes on the rights of consumers who are forced to use the “service”, accepting the terms of the contract, which knowingly allows damage to the product.

In accordance with Art. 16 of the Law of the Russian Federation of February 7, 1992 No. 2300-I "On Protection of Consumer Rights", the terms of the contract that infringe on the rights of the consumer in comparison with the rules established by laws or other legal acts of the Russian Federation in the field of consumer protection are recognized as invalid, which in turn turn entails the application of sanctions in accordance with Art. 14.8 of the Code of Administrative Offenses of the Russian Federation of December 30, 2001 No. 195-FZ. So, the inclusion in the contract of conditions that infringe upon the rights of the consumer established by law - shall entail the imposition of an administrative fine on officials in the amount of one thousand to two thousand roubles; for legal entities - from ten thousand to twenty thousand rubles.

Analyzing the above, we can conclude that the specified clause of the receipt (contract) will not have legal force and its “standard” text can always be challenged in court.

As already mentioned, the contractor who included in the contract a clause that infringes on the rights of the consumer bears administrative responsibility. Therefore, an organization that has included this clause in the contract may be subject to an administrative fine for such a violation. The body responsible for the inclusion of conditions that infringe on the rights of consumers is the relevant Department of Rospotrebnadzor. Address of the Office of Rospotrebnadzor for the Ryazan region: Ryazan, st. Ostrovsky, d. 51.A. The complaint is filed in writing, indicating the name of the offending organization and its address. Please attach a copy of the contract.

Determining wear and tear

The rules for determining wear and tear are prescribed in the "Guidelines for employees of collection points of dry cleaning and dyeing enterprises", approved by the Ministry of Public Services in the RSFSR on 06/20/1990 (valid document):

wear 10%- is set for products that have not been in use, do not have factory defects and violations in the finish, products may have slight dusting due to storage

wear 30%- set for little worn products, with slight dirt, not faded, not subjected to repainting and washing, with no damage to the fibers and color, as well as for unworn products with slight obsolescence

wear 50%- set for worn products, slightly burnt out, shabby, with minor defects, for unworn products with significant obsolescence, for washed yarn, obtained by dissolving knitted products, but not losing strength

wear 75%- is set for heavily worn, but serviceable, heavily soiled, faded, worn, turned, moth-damaged, with rips and darning, damaged by home cleaning or washing, as well as for unworn products with a large, difficult-to-remove defect, in addition, for products from artificial leather with slight violations of the polymer coating, from natural leather with violations of the front cover, from natural fur with yellowed, worn, felted hairline, with damage to the leather tissue.

Also, the Advice Center for Consumers FBUZ "Center for Hygiene and Epidemiology in the Ryazan Region" draws attention to the existence of a special GOST R 51108-97 "Household services. Chemical cleaning. OTU”, adopted and put into effect by the Decree of the State Standard of Russia dated December 17, 1997 No. 412 (GOST in force). The specified GOST contains general technological requirements for the dry cleaning process, quality requirements for a product that has undergone dry cleaning, other requirements and rules.

There was a conflict. How to act?

What to do in case of damage to the product and loss of its presentation? Consumer Advice Center FBUZ "Center for Hygiene and Epidemiology in the Ryazan Region" informs that in accordance with paragraph 1 of Art. 14 of the Law "On the Protection of Consumer Rights", damage caused to the consumer's property due to design, production or other shortcomings in the work or service is subject to compensation by the contractor in full.

By the way, the company is also responsible for the safety of the things taken from you. Paragraph 1 of Art. 35 of the Law of the Russian Federation "On Protection of Consumer Rights" obliges the contractor, in the event of a complete loss of an item accepted from the consumer, to replace it with an item of similar quality within three days. And in the absence of such an opportunity, the contractor is obliged to compensate the damage caused to the consumer in the amount of twice the cost of the product. You should state your requirements in writing and with reference to the relevant legal regulations. The content of the claim, both regarding damage and loss of things, consists of three parts:

• descriptive part (name of the company to which the claim is filed; from whom the claim is filed; date of conclusion of the contract, receipt number and deadline; description of the service you ordered; defects found);
• motivational part (an indication of the articles of the Law and paragraphs of the Rules on the basis of which you believe that your rights as a consumer are violated (infringed));
• the final part (your demands; the deadline for their satisfaction; a warning about your readiness in case of an unreasonable refusal to take the case to court).

The claim is drawn up in two copies, the first is given to the responsible person of the enterprise, and the second with a mark of delivery (date, signature, decoding of the signature of this responsible person) remains with you. You should send this claim by registered mail with acknowledgment of receipt (this is the only way out if your claim is refused to be accepted and signed).

A damaged item should be taken away only if a bilateral act is drawn up indicating all the damage found. The item should not be accepted without a written fixation of the detected defects. If they refuse to draw up such an act, contact the regulatory authorities - this is a violation of the Rules for Consumer Services.

Expertise

If you have drawn up an act of defects, took the item, but the contractor refuses to satisfy your requirements, you can conduct an independent examination of the item yourself. If the act of defects is not drawn up, the thing is with the contractor, the examination should be carried out as part of the trial.

Technological expertise is able to identify whether there was a violation of the technology of dry cleaning, or whether the product was damaged due to reasons beyond the control of dry cleaning (for example, due to poor quality of the product). Unfortunately, at the moment the situation is such that there are not so many independent expert institutions certified to conduct the relevant technological expertise.

Commodity expertise determines the market value of the product. The need for commodity examination arises if the sales receipt for the product has not been preserved. Please note that it makes sense to keep the sales receipt for the product not only during the warranty period after purchase. Especially if it is an expensive thing - a leather jacket, a fur coat, a sheepskin coat.

Both technological and commodity expertise will require you to pay. In case of winning the case in court, all expenses for the organization of examinations will be borne by the defendant. If you lose the case, you will have to pay damages to the defendant.

What rights does the consumer have in case of deficiencies in the provided dry cleaning service or in the event of the destruction (in full, in part) of the thing or violation of the deadlines for the performance of work?

As mentioned earlier, you must put forward written demands to the contractor, including in court, depending on the violation committed by the dry cleaner.

1. In case of violation of the terms of service provision requirements should be made in accordance with Art. 28 of the Law of the Russian Federation "On Protection of Consumer Rights"(you only need to choose one):

• assign a new term to the contractor;

• entrust the provision of services to third parties at a reasonable price or perform it on their own and require the contractor to reimburse the costs incurred;
• demand a reduction in the price for the provision of services;
• refuse to perform the contract for the provision of services.

At the same time, it should be remembered that satisfaction of the consumer's requirements for the free elimination of defects, the production of another thing or the repeated provision of the service does not relieve the contractor from liability in the form of a penalty for violating the deadline for the completion of the service.

If during the provision of dry cleaning services your item is lost, damaged, lost (in whole or in part), you have the right to make claims under Art. 35 Law of the Russian Federation "On Protection of Consumer Rights". In this case, the contractor is obliged to replace your item with a homogeneous item of similar quality within three days, and if it is impossible, to reimburse twice the price of the lost (damaged) item, as well as the costs incurred by the consumer.

Regardless of the scope of the claim, you are also entitled to claim compensation for non-pecuniary damage in accordance with Art. 15 of the Law of the Russian Federation "On Protection of Consumer Rights".

If the contractor violated the terms for the provision of services or provided a service with defects, or refuses to admit the fact of damage to the thing and at the same time refuses to voluntarily satisfy your legal requirements, you can safely apply to the court for the protection of your violated consumer rights and interests (Article 17 of the Law " On consumer protection).

A statement of claim to the court is drawn up on the same principle as a claim. However, the form and content of the statement of claim must meet the requirements established by Art. 131 Code of Civil Procedure of the Russian Federation. The difference is that the descriptive part indicates the court to which the statement of claim is filed, and below the name of the defendant and his legal address. In the final part, you must list your claims in order and calculate the total amount that you are asking to recover from the defendant. The following are the documents that are attached to the statement of claim as evidence.

At a minimum, the claim must be accompanied by:

• a photocopy of the receipt (contract);
• a photocopy of the claim with the signature of the responsible person or with a postal notification of the delivery of the letter to the addressee;
• in the case of an independent examination, a copy of the conclusion is required;
• other related documents (for example, a sales receipt confirming the cost of the product, a document confirming your expenses for legal fees, etc.);
• calculation of claims.

Results

When purchasing a thing, remember that if it cannot be washed, then it will need to be dry-cleaned. Be picky about the choice, look for confirmation of the words of the seller about the care of the product on the label, which must certainly be on the product.

It is impossible to protect yourself from troubles one hundred percent: it happens that an expensive thing turns out to be impractical and extremely capricious to clean, or you can buy a product on the market and it will not be demolished. But in any case, when buying, be sure to remember the cash (sales) receipt: you must get it in your hands and keep it until the first cleaning or washing of the product.

If you gave the item to dry cleaning and are unhappy with the result, decide whether you are ready to conduct a dialogue with the dry cleaner until the conflict is resolved. Reasons for dissatisfaction with dry cleaners are very different: damage to the product, poor-quality cleaning (stains, etc.) and even loss of the product. You can safely demand a re-cleaning at your expense if your product was not cleaned well, compensation for damage - if the thing is suddenly lost. If you claim that the product has been spoiled, you will have to prove it by referring to the results of the technological expertise. It seems that there would be fewer such cases if things were treated more carefully already at the acceptance. Unfortunately, the qualifications of dry cleaners are often such that they simply cannot warn you of possible adverse consequences.

But do not despair. You should boldly take up the matter and prove to the dry cleaner that you are right, and if the dry cleaner refuses to compensate your damage, go to court and defend your rights. Fortunately, the regulatory framework (Consumer Services Rules and the Law on Consumer Rights Protection) allows you to do this.

FREE CONSULTATION on consumer protection issues, you can get at the Consumer Advice Center FBUZ "Center for Hygiene and Epidemiology in the Ryazan Region" located at the address: Ryazan, st. Ostrovsky, d. 51 a, room. 304. (tel. 92-97-80), as well as by calling the free hotline: 8-800-200-10-62

SAMPLE CLAIM

Claim

on compensation for damages in the provision of dry cleaning services

"___" ________ 20 __ I signed a contract with your organization for the provision of dry cleaning services ___________________________________(Enter the dry-cleaned item)

"___" ________ 20 __ I came (a) to receive the above item from cleaning and found that it had completely lost its previous appearance, namely: _______________________________________________________________________________________________

(indicate the existing shortcomings, for example: there were spots, stripes and stains on the thing) , in connection with which it is not possible to wear such a thing.

My demands - to eliminate defects or compensate for the damage caused to me were refused. Since I believe that the service was provided to me of inadequate quality, and harm was also caused, I was (a) forced to apply for an independent examination of the damaged item. According to the results of the examination, it was established that the damage to the item was due to your fault.

I remind you that in accordance with Article 35 of the Law "On Protection of Consumer Rights" in the event of complete or partial loss (damage) of the material (thing) received 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.

Considering the foregoing, as well as being guided by articles 4, 14, 29, 35 of the Law "On Protection of Consumer Rights"

I require:

1. Compensate me for the cost of the damaged item in double the amount, i.e. in the amount of _____________ rub. ____ kopecks, or provide me with a similar thing within three days.

2. Refund the cost of the dry cleaning service to me, in the amount of _____________ rubles. ____ kop.

3. Reimburse the costs of the examination, in the amount of _____________ rubles. ____ kop.

These requirements in accordance with Article 31 of the Law "On Protection of Consumer Rights" Please complete within 10 (ten) days.

In case of non-fulfillment of my requirements, I, on the basis of Art. 17 of the Law of the Russian Federation "On Protection of Consumer Rights" has the right to go to court to protect my violated rights as a consumer. In court, I have the right to demand forcibly terminate the contract and return the amount paid under the contract to me, reimburse twice the cost of the thing, pay a penalty (fine) for non-fulfillment (delay in fulfillment) of my requirements, and also in accordance with Art. 15 of the Law of the Russian Federation "On Protection of Consumer Rights" to compensate for the moral damage caused to me by your actions. I also have the right to demand compensation for the losses caused to me (payment of court costs, services of a lawyer, representative and other expenses).

I propose to resolve my issue in pre-trial order. I propose to respond to my claim within 10 days from the date of its receipt.

I remind you that if the court decides in favor of the consumer, you will also be forced to pay a fine to the state in the amount of 50% of the value of the claim.

Application:

1. A copy of the receipt for the provision of services (dry cleaning).

2. A copy of the conclusion of the examination.

3. A copy of the check for the cost of the item.

"_____" _________ 20__ _______________________

(Full name of the consumer)

SAMPLE STATEMENT OF CLAIM

STATEMENT OF CLAIM

on the recovery of funds for a damaged item, dry cleaning services

and compensation for moral damage

Price of the claim: __________ rubles _____ kop.

"___" ____________ 20__ between me and the defendant was concluded a contract for the provision of services. In accordance with this agreement, the defendant had to dry-clean my ___________ before "__" ____ 20__. Having paid for the dry-cleaning services of the product in the amount of ___________ (___________________) rubles ___ kop., I fulfilled my obligations under the contract (a) properly and in full, which is confirmed by ____________ (document confirming payment) No. ______ dated "___" ____________ 20__

"___" _____ 20__, within the time period established by the contract, I arrived (came) for ____________, it turned out that the work was done by the defendant poorly:

_________________________________________________________________________________________.

(point out flaws)

I demanded from the defendant to compensate me for the damage, since it is not possible to use the thing belonging to me. The dry cleaners carried out a quality check, as a result of this check it was found that ________________________, so there is no dry cleaning fault. I do not agree (disagree) with the results of this review.

I contacted the Center for Independent Consumer Expertise, where an independent examination was carried out, which showed that the defects arose as a result of dry cleaning.

In accordance with paragraph n. 1 Article. 35 of the Law of the Russian Federation “On Protection of Consumer Rights”, in the event of damage to an item accepted from the consumer, the contractor is obliged within three days to replace it with a homogeneous item of similar quality, and in the absence of such an item, reimburse the consumer for double the price of the damaged item, as well as the costs incurred by the consumer.

3. Collect from the defendant the costs of the examination in the amount of _____________ rubles;

4. To recover from the defendant compensation for the non-pecuniary damage caused to me in the amount of _________ rubles.

Application:

1. A copy of the statement of claim for the defendant.

2. A copy of the order receipt.

3. A copy of the claim to the defendant.

4. A copy of the notice of delivery of the claim by registered letter and postal receipt.

5. A copy of the cash receipt for the product.

6. Copy of the act of examination.

7. Calculation of claims.

"___" ____________ 20__ __________________ (full name)

(signature)

Consumer rights are governed by the current provisions of the Consumer Protection Law. Thus, according to the 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.

Information

What to do after discovery

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 item costs and which of the requirements, on the basis of Article 35 of the 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 an unsuitable chemical composition for cleaning fur products.

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If, after dry cleaning, you find that the dress has unremoved stains, it will no longer be possible to return it back by demanding money, since this defect is “visible”, i.e. one that could be seen at the time of inspection and make a claim immediately.

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 to using the services of one of the private companies in the city;

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Subsequently, if the results of the examination confirm that the cause of damage to the product was the full cost of its implementation, the dry cleaner will return to the client.

• 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

Warning

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.

• Dry cleaning requirements with reference to articles

• 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.

Information

The term for consideration of a claim filed with a dry cleaner, in accordance with the article, should not exceed 10 working days.

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 -

In addition, the client will need to take care of collecting the necessary list of 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 for 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.

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When setting out the requirements, reference should be made to Articles 22, 29 and 35 of the ZoZPP, as well as Article 395 of the Civil Code of the Russian Federation.

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.

practicing lawyer, specialization in civil law,
believes in coffee and female friendship

Dry cleaners. With them always as lucky. The things I handed over were not lost, but a couple of things were spoiled, in addition, not the most democratic brands. Once I was returned a suede jacket in the condition in which it was handed over, at least I could not find signs of cleaning. To my indignation about this, they answered: "Stains cannot be removed using methods acceptable for this material." However, this was not brought to my attention prior to receiving the jacket, for which reason the dry cleaner had to refund the money paid for the cleaning. My friend was in a more curious situation, as she had her trousers dry-cleaned and received capri back, but noticed this transformation a week later, and she was denied a refund.

Despite this, I am not going to refuse dry cleaning services, because it is extremely difficult to clean outerwear or clothes marked on the “dry cleaning” label and not ruin them at home. However, through negative experience, I learned that the condition of clothes after dry cleaning is determined by the following factors:

• firstly, storage conditions (for example, the thing was lying in the off-season in the country house or on the loggia, where, due to the lack of heating, high humidity contributed to the damage to clothes by moths, mold, etc.);
• secondly, the duration of wear, since over time the fabric becomes thinner, and this can only be detected after the removal of contaminants, with which the worn fibers are washed out;
• thirdly, the prescription of pollution, since stains, if they are not removed on fresh tracks, become old and difficult to remove;
• fourthly, preliminary (read, homemade) manipulations with stains, which, as a rule, have the opposite effect and only fix the dirt on the fabric.

And most importantly, dry cleaning is not able to return clothes to their original appearance: in other words, after dry cleaning, you get your old thing cleaned of dirt. However, this does not mean that the reason for the deformation of clothes is solely its improper operation and storage; the actions of dry-cleaners determine the outcome of the item's processing to a lesser extent. What to pay attention to? Let's figure it out.

Dry cleaning rules

Upon receiving the item, the dry cleaning employee must check the presence of a symbol on the marking label allowing dry cleaning, then evaluate the condition of the clothes and reflect the results of the assessment in the acceptance document, as well as indicate the name of the item, its color, composition, completeness. Your task is to make sure that the information is reflected correctly.

If the tag does not have a dry cleaning symbol, or if there is a no dry cleaning symbol, or if there is no tag at all, the receptionist must warn you against dry cleaning. However, if you insist on stain removal despite the warnings, you can't hold the dry cleaner responsible for damaging the clothes.

Usually, delivery and acceptance documents contain standard phrases that do not reflect the real state of the thing: “general pollution”, “creases”, “spots”, etc. This is aimed at reducing the amount of compensation due to the owner of the thing in case the thing is damaged or lost during the cleaning process.

It is necessary to insist on the exclusion of false information and to detail the one that is given vaguely. For example, if the presence of spots is indicated, then the location of each spot and its size should be indicated. Be sure to make sure that the document lists all the detachable elements of the thing, such as a belt, a hood, etc.

Life situation:

Masha handed in a down jacket with a detachable hood for dry cleaning, and the down jacket without it was returned to her. The girl demanded that the hood be returned to her, but she was refused, citing the lack of information about the hood in the receipt. Conclusion: Masha found herself in such a situation because she could not confirm the return of a down jacket with a hood, so she had no choice but to come to terms with the loss.

Rules for accepting things after dry cleaning

Upon receipt of clothes from dry cleaning and before signing the acceptance document, check the safety of the item and its compliance with the original shape, size, color, etc., since your signature means that there are no complaints about the quality of the services provided. After signing the document, it is allowed to present claims only for hidden defects, that is, defects that cannot be detected during a normal inspection.

Protection algorithm

If defects are found, do not sign anything, instead file a claim for the return of money paid for a poorly performed service, and demand a refund in the amount of twice the cost of the item, referring to Article 35 of the Law of the Russian Federation "On Protection of Consumer Rights". At the same time, the absence of a document confirming the value of the thing is not a basis for refusing to satisfy the requirements. In order to calculate and justify the amount of compensation, it is allowed to use the prices of similar things as a guideline.

Also, instead of reimbursement of twice the value of the thing, one of the following requirements can be stated:

• gratuitous elimination of shortcomings of the rendered service;
• reduction in the price of the service provided;
• reimbursement of expenses incurred to eliminate the shortcomings of the service provided on its own or by third parties;
• full compensation for damages.

And additionally demand compensation for non-pecuniary damage and a penalty.

If you choose to claim a monetary nature, please provide bank details to receive a refund. In addition, the claim must contain a reference to the document under which the item was transferred, and list the damage that occurred during the dry cleaning process.

If you can't cope with filing a claim on the spot, prepare it at home or by contacting a lawyer, and then hand over a copy to the dry cleaner and ask the second copy to be dated, signed and decrypted. If the dry-cleaner refuses to sign, send a claim by a valuable letter with a description of the attachment and acknowledgment of receipt. Do not throw away the postal receipt in case you cannot resolve the conflict without going to court.

If the dry cleaner does not admit fault, she must initiate and pay for an independent examination. At the same time, demand that you agree on its cost in advance, because if it is established that the dry cleaner is not at fault, you will be obliged to compensate the other party for the costs of the examination.

If it is established that the damage was caused by a manufacturing defect, file a claim for the return of the value of the item and compensation for damages to the seller of the item (manufacturer, importer). And as a confirmation of the validity of the requirements, attach a copy of the expert opinion to the claim.

At the level of the law, deadlines are established for the fulfillment of requirements, the gradation of which is made depending on the requirement: for example, the requirement for reimbursement of twice the value of the thing must be fulfilled within three days, and the requirement for a corresponding reduction in the price of the service provided, as well as the requirement for reimbursement of the costs incurred to eliminate deficiencies in the service provided on their own or by third parties - within ten days.

In case of non-fulfillment or delay in the fulfillment of your requirements by the dry-cleaner, file a claim with the court. Attach the following documents to the claim:

• a copy of the document confirming the delivery of the item for dry cleaning;
• a copy of the claim to the dry cleaner and a receipt confirming its dispatch;
• a copy of the response to the claim, if any;
• calculation of the amount of claims;
• a copy of the statement of claim with applications for dry cleaning or the seller of the thing;

If the amount of the claim exceeds 1 million rubles, you will need to pay the state fee and attach a receipt to the statement of claim confirming its payment.

In this case, the state duty is paid in the amount calculated in accordance with subparagraph 1 of paragraph 1 of Article 333.19 of the Tax Code of the Russian Federation and reduced by the amount of the state duty.

If the value of the claim is less than 50 thousand rubles, you should apply to the justice of the peace, otherwise - to the district court. But if the value of the claim is less than 50 thousand rubles, but the claim for compensation for non-pecuniary damage is included in the number of claims, you should also file a claim with the district court.

An alternative to litigation is to apply to Rospotrebnadzor with a request to inspect the dry cleaner for compliance with the law and, if violations are found, hold it accountable.

As a rule, a mention of the intention to apply to Rospotrebnadzor to protect their rights or an entry in the complaint book stimulates the dry cleaning management to make a positive decision on the consumer’s claim, unless, of course, they are completely sure that they are right.