What to do if a sheepskin coat is ruined in a dry cleaner. Ruined a thing in dry cleaning: what to do and where to complain? What laws to refer to

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

Laundry cleaning methods

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

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

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

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

What items are subject to strict dry cleaning?

All over the world, signs are used on things that are subject to dry cleaning. These are different concepts, but they are only recommended and do not oblige the owner to resort to such measures:

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

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

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

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

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

What is evidence of damage to clothing?

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

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

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

Methods for determining and types of damage

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

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

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

When is it the fault of the wearer?

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

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

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

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

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

Important! Some establishments use perchlorethylene, known as Perc, instead of solvents. This chemical is released into the air through vents. Ultimately, it pollutes water, damages plants, and causes allergies in animals. Human exposure may cause dizziness, nausea, headaches and fatigue in the short term.

Lack of tags does not exempt from liability

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

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

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

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

There are concepts of partial and full reimbursement:

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

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

Proceedings without trial: the administration registers cases

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

Where to complain about incompetent employees?

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

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

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

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

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

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

Before accepting the item, the dry cleaner must provide you with full information about the possible consequences for the item after dry cleaning (clause 1, article 10 of the Law of 07.02.1992 N 2300-1).

If you have been warned about the special properties of the item, which may entail its complete or partial loss (damage), or if the specified properties of the item could not be detected upon proper acceptance, the dry cleaner is released from liability for the total or partial loss (damage) of the item ( paragraph 3 of article 35 of the Law of 07.02.1992 N 2300-1).

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

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

Grounds for the release of dry cleaning from liability

After dry cleaning, the following are allowed (clause 5.19 of GOST R 51108-97, approved by Decree of the State Standard of Russia of December 17, 1997 N 412):

Defects detected when the product was received for dry cleaning;

Manifested hidden defects resulting from a violation of the technology of using the adhesive method of fastening parts when sewing products from textile materials, sheepskin, leather, fur, suede, etc. and improper care of the product during operation;

Old, stubborn stains from paint, mold, silicate glue, insecticides, ink, ballpoint pen pastes and oils on all types of fabrics, genuine suede and lambskins;

Change in color shade and different shades in places of greatest wear of products made of sheepskin, velor, suede, leather, etc., treated with dye solutions after dry cleaning;

Partial loss of pile from the surface of products made of artificial velvet and velor;

Etching on products from road dirt;

Whitish stripes and abrasion in places of greatest wear (cuffs and sleeve folds, side seams) on products made of dyed sheepskin, natural and artificial suede, polyester fiber;

Yellowness and discoloration, formed from prolonged exposure to sweat, chemicals, atmospheric conditions, and on light fur products, in addition, from the natural aging of the hairline, which appeared after dry cleaning;

Fuses, yellowing and whitish patches caused by improper ironing at home or during the production of the product and manifested after dry cleaning;

Violations of the integrity of products, as well as the descent of loops on knitwear as a result of prolonged wear or in places of damage by moth larvae or cigarette ash, which appeared after dry cleaning;

Creases and delaminations on products made of duplicated textile materials, formed during long-term operation;

Leaks formed during the processing of products with aqueous solutions at home.

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

In your claim, indicate one of the following requirements for dry cleaning (clause 1, article 29, clause 1, article 35 of the Law of 07.02.1992 N 2300-1):

Note. The price of the thing transferred to dry cleaning is determined in the contract for the performance of work or in another document (receipt, order) confirming its conclusion (clause 2, article 35 of the Law of 07.02.1992 N 2300-1).

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

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

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

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

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 its own or by third parties is ten days (Article 22 of the Law of 07.02.1992 N 2300-1).

The deadline for fulfilling claims for replacing a damaged item with an item of similar quality, and in the absence of an item of similar quality - claims for reimbursement of twice the price of the lost item, as well as expenses incurred by the consumer, is three days (clause 1, article 35 of the Law of 07.02.1992 N 2300-1 ).

Step 4. In case of non-fulfilment (including delay in execution) by the dry-cleaner of your requirements, file a claim with the court.

In the statement of claim, indicate one of the following requirements for dry cleaning (clause 1, article 29, clause 1, article 35 of the Law of 07.02.1992 N 2300-1):

Free of charge to eliminate the shortcomings of the work performed;

Respectively reduce the price of the work performed;

Within three days, replace the damaged item with an item of similar quality, and in the absence of such, reimburse twice the price of the lost item, as well as the costs incurred by you;

Reimburse the costs incurred to eliminate the shortcomings of the work performed on their own or by third parties;

Full compensation for damages caused due to deficiencies in the work performed.

In addition to collecting the amount of money, you have the right to additionally demand compensation for non-pecuniary damage (Article 15 of the Law of 07.02.1992 N 2300-1).

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

Receipt for the delivery of things to dry cleaning;

Complaint against a dry cleaner

Dry cleaner's response to your claim (if any);

Calculation of the amount of the claim;

Other evidence supporting your claims;

Copies of the statement of claim with attachments according to the number of persons participating in the case.

Plaintiffs in claims for the protection of consumer rights are exempt from paying state duty if the value of the claim does not exceed 1,000,000 rubles. (Clause 3, Article 17 of the Law of February 7, 1992 N 2300-1; Clause 4, Clause 2, Clause 3, Article 333.36 of the Tax Code of the Russian Federation).

Note. If the price of the claim exceeds 1,000,000 rubles, then the state duty is paid in the amount calculated in accordance with paragraphs. 1 p. 1 art. 333.19 of the Tax Code of the Russian Federation and reduced by the amount of the state duty payable at a claim value of 1,000,000 rubles.

Step 5. Take part in court hearings.

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

If the court satisfies your demands, which the dry cleaner did not satisfy voluntarily, the court will recover from it a fine in the amount of 50% of the amount awarded in your favor (clause 6, article 13 of the Law of 07.02.1992 N 2300-1; clause 46 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2012 N 17).

Note!

To resolve a litigation, you may need qualified legal assistance from a specialist, the cost of which, depending on the complexity of the case, the amount of the claim and other factors, may be significant. If your interests are represented in court, you will need to prepare a notarized power of attorney for a representative (Articles 185, 185.1 of the Civil Code of the Russian Federation).

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 about the possible consequences for the item after dry cleaning (clause 1, article 10 of the Law of 07.02.1992 N 2300-1).

Upon receipt of a dry-cleaning item, you must check its condition, in particular, the safety of its original shape, color, relief and dimensions (clause 18 of the Rules, approved by Decree of the Government of the Russian Federation of 08.15.1997 N 1025).

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

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

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

Ignorance by the performer of the special properties of the thing does not relieve the dry cleaner from liability (clause 12 of Rules N 1025).

Step 2. If there are grounds for the dry cleaner's liability 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, article 29, clause 1, article 35 of Law N 2300-1):

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

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

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

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

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

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 its own or by third parties is ten days (Article 22 of Law N 2300-1).

The deadline for fulfilling claims for replacing a damaged item with an item of similar quality, and in the absence of an item of similar quality, claims for reimbursement of twice the price of the lost item, as well as expenses incurred by the consumer, is three days (clause 1, article 35 of Law N 2300-1).

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

In the statement of claim, indicate one of the following requirements for dry cleaning (clause 1, article 29, clause 1, article 35 of Law N 2300-1):

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

2) reduce the price of the work performed accordingly;

3) within three days, replace the damaged item with an item of similar quality, and in the absence of such, reimburse twice the price of the lost item, as well as the costs incurred by you;

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

5) fully compensate for the losses caused due to shortcomings in the work performed.

You have the right to additionally demand compensation for non-pecuniary damage and a penalty (Article 15, Law N 2300-1).

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

1) a receipt for the delivery of things to dry cleaning;

2) a claim against a dry cleaner;

3) dry cleaner's response to your complaint (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 consumer protection are exempted from paying the state duty if the value of the claim does not exceed 1 million rubles. If the value of the claim exceeds 1 million rubles, the state duty is paid in the amount calculated on the basis of the value of the claim and reduced by the amount of the state duty payable if the value of the claim is 1 million rubles. (Clause 3, Article 17 of Law N 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, appoint a forensic examination, the results of which in most cases are taken into account by the court when making a decision on the case (Article 79 of the Code of Civil Procedure of the Russian Federation).

If the court satisfies your demands, which the dry cleaner did not satisfy voluntarily, the court will recover from it a fine in the amount of 50% of the amount awarded in your favor (clause 6, article 13 of Law N 2300-1; clause 46 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 06/28/2012 No. 17).

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

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 is most likely to be found guilty. Either the wrong markings were hung on the clothes, or the technology of tailoring or fabric production was violated.

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 amount of compensation, it is allowed to use prices for similar things as a guide.

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 require compensation for moral damage and forfeit.

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 item;
• other documents confirming the requirements.

If the amount of the claim exceeds 1 million rubles, it will be required 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 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.