Dry cleaning claim. What do you need to know when applying for dry cleaning services? What to do if a thing is spoiled in dry cleaning, there are other shortcomings of work, deadlines for the performance of dry cleaning services are violated? Dry cleaning rules

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Actions after defects are found

Having received in your hands a thing that you previously gave to dry cleaning, and finding that its size has significantly decreased, the color has changed, and in addition, other damage to the material from which this thing is made, you do not know what to do with it?

Important! To get started, verbally inform the dry cleaner about your complaint. Most likely, they will tell you that the thing has already had this damage, and dry cleaning has nothing to do with this. In this case, a defect identification report should be drawn up. This act is drawn up by two parties - the client and the authorized representative of the dry cleaner.

Dry cleaning employees have no right to refuse to draw up such an act. A refusal on their part would be a direct violation of the current legislation. Russian Federation and will become the basis for you to contact 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 pick up the damaged item. In the event that the damage that your item received in the dry cleaning was discovered by you already outside of it, this does not mean at all that you have no 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 thing, it was not possible to identify them.

An example of such latent defects is tissue that has been damaged by the chemicals used in the cleaning process and begins to deteriorate after a short time.

If you did not inspect the item carefully enough or did not examine it at all and signed an act of receipt of the item from dry cleaning, and upon arriving home found obvious defects, for example, remaining stains, filing a claim with the dry cleaner would be illegal.

Therefore, be extremely careful when receiving things from dry cleaning, carefully check it for various flaws.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issue.

What is the law

The following regulations protect your legal rights and interests:

approved by the decree of the government of the Russian Federation of 08/15/1997. No. 1025 Rules of consumer services for the population in the Russian Federation;
Civil Code of the Russian Federation;
the law of the Russian Federation of 07.02.1992. No. 2300-I "On Protection of Consumer Rights".

Please note! Federal Service for Supervision of Consumer Rights Protection and Human Well-being under the number 0100 / 2473-06-32 of 03/07/2006. established, dry cleaning, as well as the washing of things produced legal entities or individual entrepreneurs should not be viewed as a service provided, but as work being performed.

Based on this, all relations arising 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 Protection of Consumer Rights".

Your rights in case of damage to things in dry cleaning

By the norms of Article 35 of the Law of the Russian Federation of 02/07/1992. No. 2300-I "On Protection of Consumer Rights" clearly states that the contractor bears full responsibility 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, as a result of cleaning work, the item given to dry cleaning has received damage 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 two times the value of the damaged thing;
return to him the money given in payment for cleaning the damaged item.

At the same time, dry cleaning takes three days to meet your requirements. This obligation directly arises from the provisions of paragraph 3 of paragraph 1 of clause 35 of the Law of the Russian Federation of 07.02.1992. No. 2300-I "On Protection of Consumer Rights", which reads: "In the event of complete or partial loss (damage) of the material (thing) received from the consumer, the contractor is obliged to replace it with a homogeneous material (thing) of similar quality and at will the consumer to make 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 for its loss.

Written claim

Important! If there are compelling reasons to believe that the item previously handed over to the dry-cleaner was damaged due to the fault of the dry-cleaner's employees, you should present it with a duly filed claim.

Despite the fact that the current legislation of the Russian Federation does not establish strict requirements for the form and content of the claim, the following information must be indicated in it:

full legal name of the dry cleaner;
description of the current situation;
separately indicate that the clothes handed over had special signs permitting 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 during cleaning and identify hidden defects, be sure to report it;
Specify the requirements you have for dry cleaning;
The claim must be signed with your own handwritten signature indicating the date of its signing.

Attention! In accordance with the norms provided for by 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 Protection of Consumer Rights", you can present one of the following requirements to the dry cleaner:

eliminate the identified deficiencies at no cost;
correspondingly reduce the cost of the work performed;
within three days, replace the damaged thing with a thing equivalent to it in terms of quality characteristics, and if it is impossible to replace it, reimburse the cost of the damaged thing in two times and the costs that you incurred to pay for dry cleaning services;
compensate you for the costs that you incurred, independently or with the involvement of third parties, eliminating the damage;
fully compensate you for the losses that you incurred 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. No. 2300-I "On Protection of Consumer Rights", the value 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 item handed over to dry cleaning in such a document, then you will have to justify its actual cost. This can be done, for example, by providing a financial document confirming the fact of its purchase.

The claim must be made in two copies. You should take one of them to dry cleaning. At the same time, require that the dry cleaning employee 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 surname, name and patronymic. If possible, ask him to put a seal or stamp.

You can also send a claim to dry cleaning by mailing... In this case, you will need to send it by registered mail with a list of attachments and return receipt

A copy of the claim with a note that it was received by the dry cleaner or a notification of its delivery should be kept. They will be useful to you in case you have to defend your legal rights and interests in court.

ATTENTION! View the completed dry cleaning claim sample:

Watch the video. Lawyer's advice on filing a claim:

Terms of fulfillment of requirements

The requirements that you present must be met by the dry cleaner within a reasonable time frame. This period must be determined by you, based on the terms of a contract previously concluded with dry cleaning, or other agreements that were signed by the parties.

If they do not contain indications of the time allotted for satisfying the requirements, then the requirements must be satisfied within the time period specified in the claim.

If in a claim you demand to reduce the cost of the work performed or reimburse the costs that you incurred by eliminating the identified deficiencies, then in accordance with the norms of Article 22 of the Law of the Russian Federation of 02/07/1992. № 2300-I "On protection of consumer rights", dry cleaning is given ten days to satisfy them.

If in a claim you demand to replace the damaged thing with a thing equivalent to it in terms of quality characteristics, or compensate you for the damage in double the cost of the thing and the costs incurred by you, then in accordance with the norms of paragraph 1 of Article 35 of the Law of the Russian Federation of 07.02. No. 2300-I "On Protection of Consumer Rights", it must be satisfied within three days.

What to do if the dry cleaner refuses to pay damages

Practice shows that cases when dry cleaners refuse to satisfy their clients' claims and admit their guilt for the damage caused to their property, and, as a result, compensate for the damage caused, are very common.

Remember! If you find yourself in a similar situation, then you will need:

contact independent experts who will conduct research on the damaged item in order to establish exactly when, and as a result of which it was damaged;
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 thing was damaged as a result of the fact that the dry cleaner committed violations during the work on its cleaning, then the dry cleaner will have to compensate you for the costs of services independent experts that you have suffered.
if, as a result of the examination, the wine of the dry-cleaner was proven, 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 thing was damaged due to hidden production defects, then in this case, the seller or the 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 for a statement of claim for the protection of violated rights. But in compiling it, one should be guided by the norms set forth in Articles 131 and 132 of the Code of Civil Procedure of the Russian Federation.

It should start with an introductory part, also called a "head".

The following should be indicated here:

the full name of the court to which you plan to send the claim;
information about yourself as a plaintiff. It is necessary to provide the surname, name and patronymic, details of the identity document, the address of registration and actual residence, as well as the contact phone number by which you can be contacted;
Provide in as much detail as possible all the information you know about the defendant. It is necessary to indicate its full name, legal and actual addresses, and so on;
the number of the contract you have entered into or a description of how you purchased the cleaning work.

It should state:

a detailed description of the work that you ordered;
the cost of the ordered work;
damage that you discovered after receiving the item from dry cleaning. Specifically when the damage occurred and under what circumstances should be indicated.

In this case, reference should be made to the specific norms of the current legislation of the Russian Federation. If you tried to resolve the conflict in the pre-trial order, be sure to report this, setting out 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 Protection of Consumer Rights", one of the following requirements should be specified in the statement of claim:

at their own expense, eliminate the shortcomings identified in the work;
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 it is impossible to make such a replacement, pay compensation in the amount of two times the price of the damaged item and the costs you incurred while paying for cleaning;
reimburse the costs that you incurred while repairing 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 of 15 and 30 articles of the Law of the Russian Federation of 07.02.1992. No. 2300-I "On Protection of Consumer Rights", you have the right to demand compensation from the dry cleaner for moral damage and pay a penalty.

ATTENTION! View the completed dry cleaning claim form:

During dry cleaning, the item may shrink, shed, tear, etc. In this regard, before accepting the item, the dry cleaner must provide you with full information on the possible consequences for the thing after dry cleaning (clause 1 of article 10 of the Law of 07.02.1992 N 2300-1).

Upon receipt of a thing from dry cleaning, you must check its condition, in particular, the preservation of its original shape, color, relief and dimensions (clause 18 of the Rules, approved by the Decree of the Government of the Russian Federation of 15.08.1997 N 1025).

Step 1. Determine if there is a reason for the dry cleaner's liability for damage to your item

If you have been warned about the special properties of the thing, which may entail its complete or partial loss (damage), or if the specified properties of the thing could not be found upon proper acceptance, the dry cleaner is released from liability for the complete or partial loss (damage) of the thing ( Clause 3 of Article 35 of Law No. 2300-1).

The fact that you have been warned about the special properties of the item being transferred may be confirmed by a receipt confirming that the item was accepted for dry cleaning or other documents that you signed when you hand over the item to dry cleaning.

The lack of knowledge by the performer of the special properties of the thing does not exempt the dry cleaner from liability (clause 12 of Rules N 1025).

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

In your claim, indicate one of the following requirements for dry cleaning (clause 1 of article 29, clause 1 of article 35 of Law No. 2300-1):

Note. The price of the thing handed over to dry cleaning is determined in the contract for the performance of work or in another document (receipt, order) confirming its conclusion ( clause 2 of Art. 35 Law N 2300-1). In the absence of a price for a thing in the contract (receipt, order), its value will need to be proved by other means (a purchase receipt, the cost of a similar thing, etc.).

Send your claim directly to the dry cleaner. On the second copy of the claim, the representative of the dry cleaner must put down the date of receipt, his last name, first name, patronymic, signature, position. If the contractor is an organization, then a stamp or seal is also affixed. The claim can be sent by mail to the legal address of the dry cleaner in a valuable letter with a list of attachments with a receipt acknowledgment.

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

Step 3. Wait for the dry cleaning to fulfill your requirement within the specified timeframe

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

The deadline for fulfilling the requirement for a corresponding reduction in the price of the work performed, as well as the requirement for reimbursement of expenses incurred to eliminate the shortcomings of the work performed on their own or by third parties, is ten days (Article 22 of Law N 2300-1).

The deadline for fulfilling the requirements for replacing the damaged thing with a thing of similar quality, and in the absence of a thing of similar quality, for claims for reimbursement of the double price of the lost thing, as well as costs incurred by the consumer, is three days (clause 1 of article 35 of Law No. 2300-1).

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

In the statement of claim, indicate one of the following requirements for dry cleaning (clause 1 of article 29, clause 1 of article 35 of Law No. 2300-1):

1) eliminate the shortcomings of the work performed free of charge;

2) accordingly reduce the price of the work performed;

3) replace the damaged thing with a thing of similar quality within three days, and if there is no such thing, reimburse twice the price of the lost thing, as well as the expenses incurred by you;

4) reimburse the costs incurred to eliminate the defects of the work performed on their own or by third parties;

5) fully compensate for losses caused in connection with the defects of the work performed.

You have the right to additionally demand compensation for non-pecuniary damage and a penalty (Art. Art. 15, Law No. 2300-1).

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

1) a receipt for the delivery of the item for dry cleaning;

2) a claim to a dry cleaner;

3) dry cleaning response to your claim (if any);

4) calculation of the amount of the claim;

5) other evidence supporting your claims;

6) copies of the statement of claim with attachments according to the number of persons participating in the case.

Plaintiffs in claims for the protection of consumer rights are exempted from paying state fees if the value of the claim does not exceed 1 million rubles. If the cost of the claim exceeds 1 million rubles, the state duty is paid in the amount calculated based on the price of the claim and reduced by the amount of the state duty payable at the price of the claim of 1 million rubles. (Clause 3, Article 17 of Law No. 2300-1; Clause 4, Clause 2, Clause 3, Article 333.36 of the Tax Code of the Russian Federation).

Step 5. Take part in court hearings

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

If the court satisfies your claims, which the dry cleaning did not satisfy voluntarily, the court will charge her with a fine of 50% of the amount awarded in your favor (clause 6 of article 13 of Law No. 2300-1; clause 46 of the Resolution of the Plenum The Supreme Court RF dated 28.06.2012 N 17).

To resolve a legal dispute, you may need qualified legal assistance from a specialist, the cost of which may be significant, depending on the complexity of the case, the amount of the claim and other factors. If your interests are represented in court, you may need a notarized power of attorney for the representative (

By accepting the item from the client, the dry cleaner undertakes to preserve it and perform the paid work. If the product subsequently loses its appearance, it can be rejected from the employee. In accordance with the law "On 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. A sample document is available for download at the end of the article.

You can protect your rights in case of damage to things in dry cleaning without deep legal knowledge. This area is regulated by the Law "On Protection of Consumer Rights" and the Rules of consumer services for the population in the Russian Federation.

No dry cleaning claim unified form... However, when drawing it up, it is worth using the plan below. The form indicates:

Destination data. Enter the position and name of the head and the name of the enterprise.
Client data. Enough name, place of residence and contact information.
Date of handing over the product to dry cleaning.
The condition of the item at the time of cleaning. If you have sewn-in care labels, it is worth pointing this out.
Description of the moment of acceptance. It is important to refer to the fact that the employee made sure of the integrity of the product, did not conduct tests and did not warn that after dry cleaning the condition of the item could deteriorate.
Indication of damage.
Customer requirements.
List of attached documents.
Date and signature.

A claim for dry cleaning shall be made in two copies. The copy intended for the client will be signed and dated by the employee in confirmation of acceptance. The second copy will remain dry cleaned.

If the employee refused to accept the claim, it can be sent by registered mail with a list of attachments and a return receipt. Another possibility is to try to serve the form in front of witnesses.

What requirements can be stated

According to Article 35 of the aforementioned Law "On Protection of Consumer Rights", if a thing in dry cleaning has been lost, damaged or completely spoiled, the contractor undertakes to replace it with a similar product or return the cost in double the amount. Three days are allotted for the implementation of these actions from the date of receipt of the official claim.

Important! If the client was informed in advance about the possible damage to the product and agreed to the risk, he will not be able to make a claim after dry cleaning.

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 customer is considered warned. After he has signed this form, he will not be able to make a claim to the dry cleaner for the damaged item.

An important point- the contractor is released from liability in the event that a product defect 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 relieves the responsibility of dry cleaning. When drawing up a receipt, it is worth observing the assessment of the product by the receiver.

Thing is messed up: first steps

Legislation protects consumer rights. Therefore, in the event of a defect or damage to the product, the customer has a reason to demand compensation.

What to do before filing a claim with a dry cleaner? Let's consider a number of important recommendations.

It is better not to take a damaged product from an employee.
Mark on the receipt which defects were found after dry cleaning.
Draw up an act on the identified defects. If it is not possible to fill out such a form, you can limit yourself to a mark on the admission receipt.

After these steps, it is worth writing a claim to the dry cleaner. You can draw up a document directly upon receipt of the product. But it will not be a mistake to return home, draw up a form and bring it to the organization.

Another option is that the flaws were found at home. In accordance with Article 19 of the Law "On Protection of Consumer Rights", a claim can be made within two years from the date of service. Despite this length of time, it is best 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 injured consumer may demand that the cost of the item be returned to him in double the amount or a similar product be provided. In order for the request to be satisfied, the client will need to confirm the value of the item. How can I do that?

For 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 by bank card);
official document from the manufacturer;
certificate obtained from the seller;
expert opinion confirming the value of the item on the market.

A sample of a claim to dry cleaning for a damaged item contains a list of the attached forms. All additional documents should be noted in this list.

What to look for in a receipt

When accepting a thing for dry cleaning, an employee always fills out a receipt. Before signing the form, you must carefully read its content.

The Rules of consumer services for the population in the Russian Federation indicate what data this document should reflect.

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 along the entire front edge - where buttons or zippers 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 cleaning and it caused irreversible damage to the thing, you can demand:

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

2) refund of the cost of cleaning.

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

If you immediately notice damage to the item, do not take her from dry cleaning, but immediately demand draw up an act(statement) indicating the defects found. Usually it is drawn up 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 completed within 10 days. ( Art. 22 of the 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 realize it right away. ( 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.

The dry cleaner is exempt from liability in two cases:

1) If the client warned about the specific special properties of the thing 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 defects that 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 thing.

On a note

According to Consumer service rules population, 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 handing in 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 states what kind of things the service provider is for the safety of the thing. is not responsible, even if it is irretrievably damaged. In no case do not sign this document! And if you signed, do not despair - legal force he does not have. Contracts that infringe on consumer rights are invalidated 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 do not react to your application or are inactive within 10 days from the date of application, you need to go to lawyers public association consumers, to Rospotrebnadzor and, finally, to court.

Now let's write a statement.

Sample application for compensation for a damaged item:

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

STATEMENT

for compensation for damaged things

On October 22, 2017, I signed an agreement with your dry cleaner to provide me with dry cleaning services for my 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 divorces), 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"- I beg:

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.

I BEG:

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.

APPLICATION:

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

- a copy of the sales receipt for the 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 the 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 matter. Thanks to everyone who responded.

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 given 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 issues but each case is unique.

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

About, what to do, if you have 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 the 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;
the date of acceptance and execution of the order;
service cost.

During the reception of things, a 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 the possible consequences of dry cleaning or a warning made in illegible handwriting does not exempt 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 the item 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 thing has received irreversible damage or was damaged by it marketable condition, then 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?

In case of disagreement of the consumer services company 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 should be 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 Money paid 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 a simple writing and consists of 3 parts.

The descriptive part contains:

In the motivation part, it is necessary to indicate which laws, by-laws 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 these requirements.

O. applied to the district court of Krasnodar with a statement of claim against PKF Asma LLC, Blesk dry-cleaner, claiming 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 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 her favor, of which the cost of the dress was 36,000 rubles, compensation for moral damage - 3,000 rubles, other expenses and losses - 22,100 rubles.
K. appealed 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 spoiled fur jacket double the amount, compensation for moral damage and other expenses. During judicial review 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, according to the 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: