Dry cleaner lost a jacket and refuses to refund the full cost, Moscow

Normative base

Contacting a dry cleaner is a justifiable action when it is not possible to remove a stain on clothing or restore it to its original condition using available home remedies.
As a rule, items that are sent for cleaning include expensive items, such as:

fur coats;
sheepskin coats;
Leather Products;
jackets and suits;
products made of wool and combined textiles.

The number of such organizations is growing every day. But the services they provide are not always of high quality and fully satisfy the consumer’s requirements.

Very often, situations arise when damaged clothes are returned to a client, and then the question arises: what should the consumer do if the item was damaged at the dry cleaner? In order to give the correct answer, let's consider the situation in detail.

There are several regulations that will help deal with the current situation, namely those governing legal relations in this area:

Civil Code of the Russian Federation dated November 30, 1994 No. 51-FZ, namely Chapter 37 “Contracting” § 1, § 2 (hereinafter referred to as the Civil Code of the Russian Federation);
Law of the Russian Federation dated 02/07/1992 No. 2300-1 “On the protection of consumer rights”, namely Art. 27-35 (hereinafter ZPPP);
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” (hereinafter referred to as the Rules).

All of these acts contain rules that help restore the rights of a citizen if clothes were damaged at a consumer service enterprise.

In addition, Letter of Rospotrebnadzor dated 03/07/2006 No. 0100/2473-06-32 “On clarification of certain provisions of the current legislation” explains that any activity of enterprises aimed at cleaning clothes should be considered as work on the appropriate processing of clothes, and not a service. Therefore, all issues related to the maintenance of an item are usually regulated by the provisions of the PPA.

What indicates damage to clothing?

There is such a system for receiving things: the goods have been cleared, the client receives a tag about the manipulations performed, signs a document stating that there are no complaints, and pays for the service. Sometimes, when a client returns an item in a hurry and is not allowed to check it, this indicates that there are pitfalls. This means that the dry cleaner ruined the item, but they don’t want to admit it, trying to hide this fact. You can suspect something is wrong based on several “symptoms”:

Winter items are rented out in the summer, for example, fur coats, and then stored in a locker. Often, after a season, the client is informed that the product is lost or not ready for use. Solution: the client is required to issue clothes regardless of the paid storage period, type of washing, or chosen service.
Presence of strange spots. Let's say that when receiving a sweater, the 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 his clothes. Thus, in order to receive compensation, you need to write a complaint against a cleaner who, in principle, does not exist in the company.
Sealed packages for “dear” customers. If an item is returned to you in a thick, dark bag, check your clothing first. Do not accept items back until payment has been made. There is a risk of a “pig in a poke” being taken away from the laundress in the form of a damaged item.

If you suspect such moments, you can safely contact Consumer Rights Protection. However, in reality, few people win such cases in court.

How are the relations between the client and the company regulated?

To eliminate disagreements, Russian legislation has created several documents that clearly define the relationship between the consumer and the enterprise that processes the products - this is exactly how dry cleaning legislation positions it.
That is why the first document that the consumer should rely on is the law “On the Protection of Consumer Rights”.

The Civil Code of the Russian Federation is another document on the effectiveness of which the injured consumer can count.

Since dry cleaning does provide certain services to the population, Resolution No. 1025 “On approval of rules for household services” is another regulatory document assigning certain responsibilities to the enterprise.

What are you entitled to if an item is damaged or lost?

If we return to the law “On the Protection of Consumer Rights”, it clearly states that it is the enterprise that is responsible to the customer for the safety of the item taken into work.

If during the work the item was damaged or, even worse, lost, the consumer has the right to demand compensation for damage from the dry cleaner.

It could be:

refund of the cost of the company’s services – in case of minor defects;
reimbursement of the cost of the item twice as much - if the item is lost or is not subject to further use for its intended purpose.

When making demands, reference should be made to Art. 35 paragraph 1 above the prescribed law.

You can expect to receive compensation only after the dry cleaner’s fault has been fully proven.

You need to know this before you take your clothes to the dry cleaner!

So that in a controversial situation the client does not have problems clarifying the relationship, you need to take care from the very beginning to comply with all formalities.

When handing over an item to the dry cleaner, pay attention to filling out the receipt correctly. It must include the following points:

customer data – full name, phone number, address;
complete information about the contractor - legal address, details, as a rule, this information is written at the top of the receipt;
the name of the product being handed over is specified;
description of the item - color, presence of accessories, complete set and material - do not be lazy to count the buttons, indicate the presence of a belt or a detachable hood;
Be sure to indicate all defects that cannot be eliminated during the cleaning process;
type of service ordered;
additional paid services - if ordered;
date of acceptance of the product into operation;
Term of the work;
It would not be amiss to indicate the cost of the product.

Do not sign the receipt if its text is unclear to you, for example, the receiver indicates that the dye is unstable . This means that as a result of using cleaning reagents, your product may fade.

If you signed it, it means you agree with the rules and after that you won’t be able to prove anything . If the receptionist writes in illegible handwriting and you cannot make out a word, do not hesitate to clarify what exactly is written on the receipt.

Some dry cleaners, trying to be on the safe side, offer customers an agreement to sign, which states that the contractor is not responsible if the product is damaged.

Do not sign such a document under any circumstances - it is at least illegal . But even if you signed it, you should know that the paper is invalid and, in case of poor quality work, will not become an argument in favor of an unscrupulous dry cleaner.

Methods for determining and types of damage

If you still manage to catch the violator of cleanliness, you need to determine the amount of damage in order to then recover at least the depreciation cost of the service. Even the most elite laundry agency does not provide 100% payment for clothes. In addition, it was not the workers who ruined the dry cleaning item, but incorrect cleaning methods, technology, or the steaming system itself. Here are some tips on what to do with your item before and after washing:

When dry-cleaning clothes, items are inspected better than when purchased. All available details are recorded - button size, number of decorations, additional information.
The condition of things and their accessories is indicated. If this is not on the check, you can safely make comments.
The customer must check the pockets themselves for the presence of foreign objects. After washing, as a rule, the pen's ink will adorn a gentleman's expensive suit.
Pay attention to the color scheme of the clothes - after returning the items, the client should not have questions: “Why is the coat faded, the child’s old clothes are not so bright, and the cuffs on the sleeves did not become snow-white, like 25 years ago when purchased?” Hoping to get new clothes, some clients place unrealistic expectations on laundress workers.
Don't forget to check the presence of working snakes, note broken parts, defects and defects.
The deformation of the product must be determined. For example, they brought a blazer that was two sizes too small, but it wasn’t noted on the receipt. This means that the dry cleaner will be to blame if the actual size differs from what is on the tag.
Pay close attention to the note about fading of parts of the fabric. Bright pigments are more likely to succumb to this syndrome, and clients mistake it for contamination, hoping for washing.
The label also plays a special role - it often indicates what and how to wash the clothes. The names of expensive brands should raise red flags; the receiver will label them as luxury items, even if they are not real. The lack of tags is doubly alarming.

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

Found shortcomings - what to do next?

The customer has every right to compensation for damage resulting from poor quality work on the part of the dry cleaner.
Since the dry cleaner is responsible for the damaged item. The damage was discovered immediately:

Do not sign the receipt;
Insist on drawing up an act. It must be in two copies. List any damage found.
Indicate the cost of the item and demand a double refund; do not forget to request a refund of the cost of the services performed.

It is not always possible to notice damage when receiving an item, but what to do if shortcomings in the work of the dry cleaner were noticed after returning home?

You can also make a claim, but only if the item has hidden defects that were not immediately visible. For example, during wear, the fabric began to unravel due to the use of too strong reagents.

If you want to complain to the contractor about stains or uncleaned stains, you won’t be able to do this - the signature on the acceptance certificate has already been placed.

Even if the contractor does not specify the warranty period, know in accordance with Art. 19 of the Law “On Protection of Consumer Rights” you have the right to file a claim with the dry cleaner within two years. This time is enough to identify all hidden defects.

Where to complain about incompetent employees?

In addition to specialized organizations, the client is allowed to contact the police if a dry cleaning item is damaged. 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 a report on the detected defects. Even if you saw them at home, trying on a mink coat, do not hesitate to contact us. When an examination is ordered, the result will prove that the fabric could not have been torn to holes with obvious burns from chemicals when worn. Based on Federal Law No. 35, the client has the right to receive double the cost of the item and payment for dry cleaning if the clothing is not suitable for wear at all.

Is an examination needed if the item is damaged?

An examination of an item damaged in dry cleaning is required only in one case: if the enterprise does not comply with the requirements.

To protect their interests, the consumer can turn to independent experts to conduct a technological examination. In this case, the dry cleaner must compensate the buyer for all costs of the examination.

During this procedure, the causes of the damage are determined: if they were caused by non-compliance with dry cleaning technologies, then the conclusion serves as the basis for filing a claim and for adjusting further actions.

Another variation: merchandising expertise is required if the buyer does not have a receipt for the goods or if it is necessary to assess the market value of the goods taking into account wear and tear.

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

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

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

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Actions to take if items are damaged at the dry cleaners

Before handing over the item to the dry cleaner, the acceptance receipt must be issued in accordance with the rules.

Must be indicated:

legal address of the organization;
last name, place of residence, telephone number of the client;
type of work provided;
description of the product down to the smallest damage and defects;
date and time of receipt of the product;
expected order execution time;
price for the service provided;
It is advisable to enter the cost of the item itself;
list all removable elements from the item (belt, collar, etc.);

It is important to be vigilant and not sign anything on the receipt if something is unclear or incomprehensible. Otherwise, when a claim is made, justice will be on the side of the organization.

The receiver, when assessing an item if it is unsuitable, must warn about all possible consequences. If he did not do this, then in case of damage, the blame falls entirely on the dry cleaning employee.

If a defect is detected on an item:

you cannot sign the receipt;
it is necessary to require the drawing up of a bilateral act with a thorough listing of the existing shortcomings;
the act should indicate the cost of the product in its original form and insist on compensation in double amount;

In the event that the defects were discovered after the customer left the dry cleaner, the right to compensation remains valid only if the invisible defects could not be detected at the time of acceptance of the item. You can request compensation within two years after dry cleaning. During this time, the company is responsible for the services provided. If the damage to the product was caused by chemical treatment, the customer can file a complaint against them.

If the consumer has signed a document stating that he is completely satisfied with the dry cleaning and has no complaints, further proceedings will no longer be justified.

You can receive compensation in the following ways:

having tried to come to an agreement with the director of the organization;
by writing a complaint and sending it to the service center;
by requesting a final report on the activities performed;

The dry cleaner is also responsible for the safety of items. If the product is lost, the company must fully refund its cost or provide the customer with a similar product.

There are cases when an organization tries to avoid liability illegally by falsifying receipts, using force and pressure. The client must not give in to threats; it is necessary to record a case of offense and immediately go to court.

Lack of tags does not exempt you from liability

A controversial situation occurs when tags and any washing signs are missing from the clothes. After receiving the clothes, what you get at the exit may not be exactly what it was before. The dry cleaner ruined the item - what to do in such a situation:

First, before the garment is processed, the acceptor must ensure that the fabric can be exposed.
Secondly, custom-made items are not designated in any way. These are expensive items of clothing, accessories, jewelry, metal inserts, and silk linings. Don't accept if you're not sure. Once you have completed it, try not to spoil it. In case of damage, a reconciliation report is drawn up and the damage is reimbursed in full.
Thirdly, the client is also obliged to agree with the chosen technology. Thus, he will relieve the staff of responsibility for the item.

These laundries usually have a fabric acceptance summary. Possible services are offered regarding the type. If a customer wants to select a specific technology for their clothing, they are notified of possible damage. If he agrees, he takes full responsibility for the entire subsequent process of working with the fabric.

Filing a claim

If the defects were noticed by the owner of the thing immediately upon its transfer, then he should refuse to sign the act or immediately describe the defects he discovered in the act.

If the defects were discovered after the client left the dry cleaner, then he has the right to file a claim if there are hidden defects. It can be presented within 2 years after the item is handed over from the dry cleaner according to the standards of Art. 19. Law.

If irreversible damage or defects are found in items, the consumer must contact the dry cleaner with a claim. It states the requirement for payment of compensation.

The claim is drawn up in free form addressed to the management of the enterprise. It should briefly outline the circumstances of the incident and the client’s requirements. The claim consists of three parts: descriptive, motivational and final.

The description must include the following information:

name of the enterprise (dry cleaning);
Full name of the customer;
date of conclusion of the contract for the provision of household services;
description of the service provided;
number of the receipt received;
description of damage;
cost of goods.

The description should also indicate any damage found that makes further wear impossible, the presence of the necessary markings on the product for its processing, and the condition of the item at the time of delivery.

The motivation part must contain an indication of laws and regulations, as well as violated consumer rights.

The final part should contain the customer’s requirements and the deadlines for their fulfillment according to the law. The consumer must also indicate the proposed actions in the event of refusal to satisfy his claim.

The claim must be accompanied by a copy of the receipt or receipt, an expert opinion, evidence of the value of the item (a conclusion on the average market value or a receipt or certificate from the store where the purchase was made).

The claim is drawn up in 2 copies : one of them is handed over to the company, the second with a receipt stamp, delivery date and assigned number is given to the client.

If the dry cleaner refuses to accept the claim, then it is worth sending it by registered mail with an inventory and receipt of receipt. In this case, the postal receipt and delivery receipt must be kept.

We are writing a complaint

How to draw up a document in 2021 so that the company accepts it? The paper should be written in two copies - one remains in the hands of the injured party, the other is handed over to the dry cleaning representative. Don’t forget to request a signature on acceptance from a company representative.

What should be described in a claim to dry cleaning for a damaged item:

Write down the condition of the item at the time it was put into operation;
If any defects are found upon receipt of the item, describe them too;
Be sure to note that the product label has a symbol that allows it to be dry cleaned. If, when taking the item into work, the acceptance worker did not conduct tests for reaction to reagents confirming the danger of dry cleaning, indicate this. This means you were not aware of the potential risks of such a procedure.
Do not forget to attach a copy of the examination result and a receipt for payment for this procedure.
Indicate your requirements and how you are asking for compensation for the damage suffered.

See also: How to register illegal construction on your site?

Where to contact?

Immediately after discovering a defect in the product, the client should try to peacefully negotiate compensation with the management of the dry cleaner. If the option does not satisfy the client’s requirement, his next step is to file a claim and send it to customer service. But, when this does not help, in order to protect their rights, a citizen can contact one of the following authorities:

Rostpotrebnadzor. When the issue is not resolved peacefully, a claim against the enterprise can be added to the complaint.
Prosecutor's office. During the prosecutor's inspection due to the complaint, a fine is imposed on the dry cleaner and an obligation to compensate money.
Court. You can contact the courts immediately, but it is more recommended to leave it for last. During the negotiations, it will be possible to reach an agreement with the enterprise and avoid exhausting legal processes.

The person himself must decide where exactly to turn for help. You can hire a lawyer and follow his recommendations. In any case, the advice of a lawyer will not hurt; guided by his recommendations and professionalism, you can resolve the conflict without litigation. Even if you have to go to court, quality support will help restore justice.

Step-by-step instructions for filing a complaint against a dry cleaner

If the written complaint has no impact on the conflict situation, the citizen can only write a complaint to the supervisory services.

If a complaint is written to Rostpotrebnadzor, you need to do this:

visit the site;
to write an application;
send a complaint;
await review;

When a complaint is written to the prosecutor's office, you must:

to write an application;
send it by registered mail or stamped mail;
await review;

A complaint to the court is written when there is no satisfactory result from Rostpotrebnadzor and the prosecutor's office . But if the client wishes, he can start immediately with the trial. To do this, a citizen must:

to write an application;
send a letter
wait for the result of the review;

Methods for cleaning items in a laundry service

In 1885, Jean-Baptiste Jolly came up with a way to get rid of stains on clothes without using the main detergent component - water. Kerosene was used back then. It replaced the current elements of the chemical composition and dealt well with dirt. Now there is an alternative to dry cleaning of clothes - water cleaning, which contains liquid. It is concentrated, filled with detergent solvents. It is acceptable to use it for lightly soiled items, but it will not cope with grease stains and dyes of natural origin.

You can also easily clean a worn item at home, without necessarily turning to professionals for help. Otherwise, when stains are practically not removed by bleach, but only fade, it is worth enlisting the help of professional chemistry. Some people believe that the service will ruin things because they use rather inhumane cleaning methods. On the contrary, after the laundress the condition of the wardrobe improves noticeably and becomes like new. This is due to the fact that:

There are categories of different substances that are used to clean everyday clothes, weekend outfits, and winter thick multi-layer fabrics.
New technologies are being introduced for each type of textile separately.
Some items are processed by hand and then stains are removed using machines.
To wash furs, hydrocarbon compounds of solvents are used.
Anti-mole coatings are included in preparations for cleaning natural furs, sheepskin coats and down jackets.
Any outerwear can be deodorized at the client's request.

After any dry cleaning, fur coats are stored in special refrigerators. This way the furs retain their original appearance longer. Separate services are available for ironing, starching, professional washing, conditioning and disinfection. Each method is selected individually depending on the type of stain (coloring, burn, protein). If a dry cleaner ruins an item, it means that the wrong physical impact on the stain was chosen, as well as the method of removing the stain.

What to do if dry cleaning ruins an item: step-by-step instructions

If defects are discovered after cleaning a jacket, fur coat, dress, or other items, the customer must contact the contractor with a written complaint. If a consumer service company refuses to pay and correct defects, the product is sent for examination, which will help establish the cause of poor cleaning and the fault of the contractor. In this case, the dry cleaner should not have difficulty meeting the client’s requirements. Let's consider the entire procedure in detail.

Step 1 – Making a claim

After inspecting the item and detecting defects, the customer submits a written claim to the contractor. The application must indicate:

name of the dry cleaner and its address;
your full name, residential address, telephone number;
the date of delivery of the item and its condition;
availability of labels and cleaning recommendations;
information about verification activities carried out by the contractor;
description of defects that appeared after cleaning;
requirements that the contractor must fulfill;
list of applications;
date and signature.

The claim is drawn up in two copies, since one must be given to the contractor, and on the second he must put an incoming stamp to confirm the fact of receipt of the application from the client.

To reimburse the cost of an item, you must confirm how much it was purchased for. The client has the right to present a check, an official letter from the seller, a document from the manufacturer, an extract from the current account, an examination report.

Step 2 – Conducting an examination

If the contractor disagrees with the claim, the client can organize a technological examination. A specialist analyzes the damaged item to determine the causes of defects.

An examination may be needed in the following cases:

the product has changed color;
the facial layer of skin is cracked;
the structure of natural leather has collapsed;
the aesthetic properties of the carpet have been lost
a stain appeared on the item;
Clothes have shrinked.

In addition to finding out the reasons for the occurrence of defects, the expert evaluates the damage caused so that in the future the consumer can recover compensation from the dry cleaner for its compensation.

If the client has lost the receipt for the product, a merchandising examination is additionally assigned, which makes it possible to determine its market value taking into account wear and tear.

The customer pays for the expert’s services himself. In the future, he can compensate for the expenses incurred at the expense of the contractor when filing a claim in court for the protection of consumer rights.

Step 3 – Satisfaction of the claim by the contractor

After receiving the results of the examination, the customer re-applies to the consumer service company for compensation for damage and a refund for services.

The Contractor is obliged to return the money within ten days. If the customer has asked for a replacement of a damaged item, the request must be satisfied within three days.

Please be patient and read carefully. The text of the decision is adapted for an ordinary person (without legal education).

Significant points are highlighted in bold or underlined.

From the decision in civil case No. 2-1047/2019 dated December 3, 2019.

Agreements were concluded between the plaintiff and Duster LLC for the provision of dry cleaning services for products: dry cleaning of a sheepskin coat (1,163 rubles) and dry cleaning of a leather short jacket (700 rubles).

The order (jacket) was completed in violation of the agreed deadline (order delay). Upon receipt of the leather jacket, the customer made the following claims: the paint was torn off from the collar and sleeves and instead of black they became bright blue. The plaintiff requested elimination of deficiencies for the service provided of inadequate quality. In response to the claim, Duster LLC refused to satisfy the plaintiff’s demands, citing the following circumstances: elimination of defects for this product is paid; the leather jacket was 50% worn; Such changes after dry cleaning in perchlorethylene are acceptable. The defendant offered to restore the adhesive joint on the bottom of the product that was damaged after cleaning.

The receipt does not contain a warning that the product may lose its appearance, change color, or become several shades lighter after dry cleaning.

The order (sheepskin coat) was completed in violation of the agreed deadline (order delay). Upon receipt of the sheepskin coat, the customer made the following claims: multiple dark spots throughout the product, uneven color of the product, there was no permanent zipper puller (decorative suspension of the zipper lock).

The plaintiff submitted the claim in writing and submitted it to the defendant. At the time of the decision (December 3, 2019), the defendant did not respond to the plaintiff’s claim.

In the statement of claim (after clarifying the requirements), the plaintiff asked the court to satisfy the following demands:

- terminate the contract for the provision of dry cleaning services for sheepskin coats, recover from the defendant the costs incurred by the plaintiff to pay for dry cleaning in the amount of 1,163 rubles;

- terminate the contract for the provision of dry cleaning services for a genuine leather jacket, recover from the defendant the costs incurred by the plaintiff to pay for dry cleaning in the amount of 700 rubles;

- to recover from the defendant twice the cost of the damaged sheepskin coat in the amount of 70,000 rubles;

— to recover from the defendant twice the cost of the damaged leather jacket in the amount of 40,000 rubles;

— to collect from the defendant a penalty (penalty) for late performance of the service in accordance with the requirements of Art. 28 of Law No. “On the Protection of Consumer Rights” (based on 3% per day) in the amount of: 4954.38 rubles;

— to recover from the defendant compensation for moral damage in the amount of 10,000 rubles;

— collect from the defendant a fine in the amount of fifty percent of the amount awarded by the court in favor of the consumer in accordance with clause 6 of Art. 13 of the Law of the Russian Federation “On the Protection of Consumer Rights” for refusing to satisfy the stated requirements on a voluntary basis.

When accepting a sheepskin coat for cleaning, the receipt states the following:

— Product defects: violation of integrity: cut-belt (leather); greasy: general; placement of stains: general contamination;

— Product description: gender: women; Brown color; non-removable decorative fittings: complex elements; combined elements: fur (natural), leather (natural); wear in %: 50%;

— Warnings: may not completely remove stains; hidden defects may appear; The marking matches.

When you receive a leather jacket for cleaning, the receipt states the following:

— Product defects: violation of integrity: cut-belt (leather); greasy: general; placement of stains: general contamination;

— Product description: gender: women; black color; wear in %: 50%;

— Warnings: may not completely remove stains; hidden defects may appear; The marking matches.

To resolve the dispute, the Central District Court of Orenburg ordered a judicial assessment and technological examination, which was entrusted to an expert from the Union of the Chamber of Commerce and Industry of the Orenburg Region.

According to the conclusion of the Chamber of Commerce and Industry experts, an external inspection of the women's leather jacket "MARENGO" revealed: discoloration during dry cleaning occurred in places of significant wear of the product: on the collar, along the lapel lines on the sleeves and the hem along the bottom of the product. Operational defect . On the right shelf, in the upper part, a spot 1 cm in diameter with clear edges was found, and an elongated spot with blurred edges was found in a 3 cm long area along the side of the shelf. Operational defects . There is slight deformation at the seams. Possible causes of the defect are: the use of low-quality adhesive cushioning material in the manufacture of the product, violation of the technology for making seams. Manufacturing defect . Broken adhesive connection at the bottom of the product. It is not possible to unambiguously determine the nature of the defect, since the reasons may be: violation of the technological operation of hemming the bottom of the product, the use of low-quality adhesive cushioning material in the manufacture of the product, long-term operation of the product. Absent? Wear fasteners in pockets (magnets). The defect was formed during dry cleaning. In a women's sheepskin jacket "VISETTE®" an external inspection revealed: The identified change in the color shade of the product after dry cleaning is acceptable in accordance with clause 5.19 of GOST R 51108-2016. When cleaning with fatliquoring agents, the products usually darken. The use of fatliquoring agents is necessary to restore the softness of the leather tissue. The presence of different shades (whiteness) in certain areas (in the lower part of the right sleeve, in the lower part of the back (the detail at the right side seam), on the right shelf, on the details of the hood on the right side (the right detail along the edge of the hood is looser, with odour). Variation in color was formed after chemical treatment due to the presence of more contaminated, greasy areas and abrasions on the product, parts of different leather tissue densities (identified by tactile method). These factors negatively affect the surface layer of the dye, destroy it or disrupt the connection of the dye with the leather fabric. Variation in shade (whiteness) refers to hidden defects that appear after cleaning. Defects of an operational nature (the presence of dirt) and a production nature (parts of different densities of leather fabric) . The presence of light spots with clear boundaries of various sizes and shapes in the bottom parts of the left sleeve, on the lower part of the right front, at the waist line of the left front. Dry cleaning did not remove stains that formed during prolonged wear. Operational defects . No puller on the zipper. The safety of the equipment during the provision of the service is not ensured. It is possible to replace both pullers on the lock. The identified defects are of a hidden nature and are production operational.

During an external examination (organoleptic method) of the products submitted for examination, the following was found:

Women's jacket made of genuine leather, violations of the technology of the dry cleaning process in the form of a change in the original shape, the absence of general dirt and grease, streaks, halos, the smell of solvent and stain removers, foreign fibers, fluff, dust, staining of the dye, gray deposits, taking into account permissible changes in in accordance with clause 5.19 of GOST R 51108-2016, which appeared during the dry cleaning process were not identified . The absence of fasteners in pockets (magnets) can be eliminated.

Women's jacket made of sheepskin fur - violations of the technology of the dry cleaning process in the form of changes in the original shape, integrity, absence of general dirt and grease, streaks, halos, the smell of solvent and stain removers, foreign fibers, fluff, dust, staining of the dye, gray deposits, gray deposits, taking into account the permissible changes in accordance with clause 5.19 of GOST R 51108-2016, which appeared during the dry cleaning process, were not identified . The absence of a zipper puller can be eliminated. Did they show it during dry cleaning? - hidden manufacturing and operational defects. The shortcomings caused by dry cleaning, such as the lack of fasteners in the pockets (magnets) in the jacket and the puller in the jacket, can be eliminated.

Products are suitable for further use.

In the leather jacket, additional processing of the upper collar with a dye composition was carried out along the line of stitching to the neck and along the cuff lines along the bottom of the sleeves. No traces of dyeing were found on the jacket. The leather trim has abrasions with the covering film falling off; No painting is observed in places where the covering film has fallen off.

The market value of a women's sheepskin jacket "VISETTE®" at the time of acceptance for processing, taking into account 50% wear and tear, was 10,000 rubles.

The Central District Court of Orenburg ordered an additional forensic commodity examination, which was entrusted to the experts of the Union “Chamber of Commerce and Industry of the Orenburg Region”.

According to the expert’s conclusion, it follows that the cost of (eliminating) installing a fastener (magnets) in the pockets of a women’s leather jacket “MARENGO” and a puller with a zipper on a women’s sheepskin jacket “VISETTE®” is 1,000 rubles.

The parties did not dispute the results of these forensic expert reports; they did not submit any petitions to order a repeat or additional examination, nor did they submit written or oral objections to the forensic examination performed to the court.

Having assessed the expert opinions in conjunction with other evidence in the case, the court, resolving the dispute on the merits, guided by the provisions of Art. Art. 779 Civil Code of the Russian Federation, art. 35 of the Law of the Russian Federation “On the Protection of Consumer Rights”, taking into account the established factual circumstances of the case, comes to the conclusion that the claims for termination of contracts for the provision of services for dry cleaning of sheepskin coats, dry cleaning of genuine leather jackets and recovery of double the cost of sheepskin coats in the amount of 70,000 are unfounded rubles, twice the cost of a leather jacket in the amount of 4,000 rubles, as lost due to the fault of the defendant during the dry cleaning of the products, since it follows from the conclusion that during the dry cleaning of the products, hidden manufacturing and operational defects appeared. Operational defects are caused by violation of product operating rules, storage and transportation conditions, intensive use of the product, and natural wear and tear. The identified defects are operational defects, since they arose as a result of long-term operation. The defects formed during dry cleaning, such as the lack of fasteners in pockets (magnets) in the jacket and the puller in the jacket, are removable, the products are suitable for further use and these removable defects do not lead to the unsuitability and further impossibility of using the products.

Since the expert findings established that dry cleaning of the products resulted in defects in the form of lack of fasteners in the pockets (magnets) in the jacket and the puller in the jacket and they can be eliminated, the products are suitable for further use and cannot in any way lead to the unsuitability and impossibility of further use of the product, the court considers it is necessary to satisfy the plaintiff’s demands for recovery of expenses incurred by the plaintiff to pay for dry cleaning, at the same time the court considers it necessary to recover the cost of eliminating the shortcomings of installing a fastener (magnets) in the pockets of a leather women’s jacket “MARENGO” and a puller with a zipper lock on a women’s jacket made of sheepskin fur "VISETTE®" and recovers from the defendant Duster LLC in favor of the plaintiff expenses in the amount of 1,163 rubles; expenses in the amount of 700 rubles and the cost of eliminating the shortcomings of installing a fastener (magnets) in the pockets of a women's leather jacket "MARENGO" and a puller with a zipper lock on a women's sheepskin jacket "VISETTE®" in the amount of 1,000 rubles.

By virtue of clause 5 of Art. 28 of the Law of the Russian Federation “On the Protection of Consumer Rights”, in case of violation of the established deadlines for the completion of work (provision of a service) or new deadlines assigned by the consumer on the basis of paragraph 1 of this article, the contractor pays the consumer a penalty for each day (hour, if the period is defined in hours) of delay ( penalty) in the amount of three percent of the price of performing the work (rendering the service). A penalty (penalty) for violation of the deadline for the start of work (provision of a service), its stage is collected for each day (hour, if the period is defined in hours) of delay until the start of the work (provision of a service), its stage or the consumer presents the requirements stipulated paragraph 1 of this article.

The amount of the penalty (penalty) is determined based on the price of performing the work (providing the service), and if the specified price is not determined, based on the total price of the order that existed in the place where the consumer’s requirement should have been satisfied by the contractor on the day of voluntary satisfaction of such requirement or on the day of the court decision, if the consumer’s demand was not voluntarily satisfied.

As established during the trial, the plaintiff presented a demand for payment of double the cost of the products and dry cleaning costs to the defendant.

As explained in paragraph 28 of the Resolution of the Plenum of the Supreme Court of the Russian Federation “On the consideration by courts of civil cases in disputes regarding the protection of consumer rights”, when resolving consumer claims, it is necessary to take into account that the burden of proof of circumstances exonerating from liability for non-fulfillment or improper fulfillment of an obligation, including and for causing harm, lies with the seller (manufacturer, performer, authorized organization or authorized individual entrepreneur, importer) (clause 4 of Article 13, clause 5 of Article 14, clause 5 of Article 23.1, clause 6 of Article 28 of the Law on the Protection of Consumer Rights , Article 1098 of the Civil Code of the Russian Federation).

The defendant has not presented evidence exonerating him from liability for failure to fulfill the plaintiff’s demands within the period established by law.

The court, having checked the calculation of the penalty, believes that it is incorrect and, accordingly, the calculation should be as follows: in the amount of 14,758.47 rubles, based on the calculation: 1,163 rubles x 3% x 423 days and in the amount of 8,883 rubles, based on based on the calculation: 700 rubles x 3% x 423 days.

The total amount of the penalty is 23,641.47 rubles.

When considering the dispute on the merits in court, the defendant provides any evidence confirming the disproportion of the amount of the penalty to the consequences of violation of the obligation in accordance with Art. 333 of the Civil Code of the Russian Federation, did not submit a petition to reduce the amount of the penalty, and in the absence of such a statement, the court is deprived of the opportunity to independently apply this rule, taking into account the specifics of the dispute over claims based on the provisions of the Law of the Russian Federation “On the Protection of Consumer Rights.”

In such circumstances, the court, taking into account the provisions of Art. 196 of the Code of Civil Procedure of the Russian Federation, comes to the conclusion that a penalty in the amount of 12,002 rubles, and in the amount of 7,560 rubles, was collected from the defendant Duster LLC in favor of the plaintiff, for a total of 19,562 rubles.

Considering that, in the framework of the civil case under consideration, the court established a violation on the part of the defendant, as a seller under a service agreement, as a result of which the rights of the plaintiff as a consumer were violated, and taking into account the amounts awarded by the court, the court comes to the conclusion that the amount should be recovered from the defendant in favor of the plaintiff a fine in the amount of 1,431.50 rubles (1,163+700+1,000/50%).

The plaintiff also filed a claim for compensation for moral damage in the amount of 10,000 rubles.

The amount of compensation for moral damage is determined by the court and does not depend on the amount of compensation for property damage.

Compensation for moral damage is carried out regardless of compensation for property damage and losses incurred by the consumer.

In accordance with paragraph 45 of the resolution of the Plenum of the Supreme Court of the Russian Federation “On consideration by courts of civil cases in disputes regarding the protection of consumer rights,” when the court decides the issue of compensation for moral damage to a consumer, a sufficient condition for satisfying the claim is the established fact of violation of consumer rights.

Since during the trial it was established that the rights of the plaintiff as a consumer were violated by the defendant, the court considers, taking into account the principle of reasonableness and fairness in accordance with Art. 1101 of the Civil Code of the Russian Federation to recover compensation for moral damage in favor of the plaintiff in the amount of 1,000 rubles.

In accordance with Art. 103 of the Code of Civil Procedure of the Russian Federation, the costs incurred by the court in connection with the consideration of the case, and the state duty, from payment of which the plaintiff is exempt, are recovered from the defendant, who is not exempt from paying court costs, in proportion to the satisfied part of the claims.

The defendant is subject to recovery in the income of the municipal formation of the city of Orenburg, the costs of paying the state duty in proportion to the satisfied claims, including the collection of compensation for moral damage in the amount of 1,172.75 (872.75+300) rubles.

By court rulings, the costs of conducting the examination are assigned to the defendant.
According to the submitted invoices, the payment for the expert’s services amounted to 21,600 rubles. And now directly questions to the defendant (dry cleaning) and the court.
1. Why has the customer (not yet the plaintiff) received a response to his claim? The claim can be anything - justified, unfounded, stupid, nasty, etc., but you must give an answer in any case. Failure to respond is grounds for a complaint to Rospotrebnadzor and, possibly, a fine based on the results of an unscheduled inspection.

2. Colleagues, for what reason did you show such passivity in the trial? The court decision repeatedly mentions that you did not provide any evidence to substantiate your position and did not in any way confirm the circumstances that testify in your favor. I would like to remind you that water does not flow under a lying stone. If you find yourself in a lawsuit, please defend your position.

3. If the customer was missed by deadlines, maybe it would be wiser to negotiate rather than put up a pose? Who prevented us from immediately compensating for the delay in completing the order and not bringing it to a court decision on compensation for 423 (!!!) days.

4. When will you learn to fill out admission receipts correctly? Maybe it's time to train the receptionists or will you just wait for the next surprise in court? “Such situations are rare”, “Maybe this won’t affect us” - well, well, hope until many thousands are paid.

I have only one question for the court:

if it was recognized that changes in the appearance of things did not occur as a result of a violation of technological discipline by the defendant, then why does the court collect money from the defendant for the service performed?

Colleagues, I look forward to your comments and hope for a constructive conversation, and possibly a discussion.

Sincerely, Parfenyev A. A.

We are making a claim. Sample

A claim to a dry cleaner for a damaged (lost) item must contain the following information:

A descriptive part consisting of the following data:
applicant’s data, namely full name, residential address, contact telephone number or other means of communication;
date of delivery of the item for cleaning;
details of the receipt or contract;
the period allotted for the execution of the service;
service cost;
full description of the paid service;
identified deficiencies, as well as signs of damage;
The motivational part containing references to current regulations, namely Art. 10, 14, 35 of the Law of the Russian Federation, Rules, as well as the Civil Code of the Russian Federation;
The final part, consisting of:
deadline for satisfying demands;
information about readiness to transfer the case to court if the requirements are not met.

The claim is drawn up in two copies, one of which is presented to the organization, the second with a receipt stamp must be kept with the client.

Subsequently, this document will be one of the evidence in court. If a representative of a consumer service organization refuses to receive the claim on purpose and to mark receipt, it is permissible to send it by mail to the legal address.

What documents should be attached to the complaint?

It doesn’t matter where the customer decides to contact, the main thing is not to forget to describe the whole situation in detail. To confirm the correctness of your words, attach all the papers you have on hand:

claim submitted to the dry cleaner;
a product tag with the value of the item, if there is no receipt - the result of a merchandising examination, which indicates the average market value of the damaged item;
the result of a technological examination, which indicates the cause of the defect;
a receipt issued by the receiver upon receipt of the item.

The latter may not exist. The law provides for its absence from the victim's arms . This is not a reason to refuse to consider the complaint. You can refer to witness testimony.

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

You can make clothes look unmarketable after dry cleaning 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 damaged an item that was slightly dirty: dry cleaning or using nitrogen was acceptable. If the staff decided that the dirt should be removed in a different way, without making sure whether this would cause irreparable damage to the clothes or not, then one can assume that the workers are incompetent.

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 exactly do you require?

Here the legislation also tried to protect the consumer as much as possible. The performer may be required to:

compensation for the cost of the service;
the consumer can also write down a clause requiring the replacement of a damaged item with a similar one;
If replacement is not possible, the consumer has the right to reimburse the full cost of the item, and in double the amount.

Not every dry cleaner is ready to accept a claim for a damaged item . What to do in a situation where a company representative categorically refuses to accept paper?

Send it by registered mail with a description of the contents and receipt of receipt. Keep all receipts - this will be proof that you have notified the dry cleaner according to all standards.

How much to wait

The current legislation clearly defines the time limits allocated to satisfy the client’s requirements in this case:

If an item is lost, the consumer service organization is obliged to replace it with a similar or similar item of appropriate quality within 3 days (Article 35 of the Law of the Russian Federation);
Other demands made by the client regarding the issue of compensation for damaged items must be considered and satisfied by the organization within 10 days from the date of their receipt (Article 22 of the Law of the Russian Federation).

If the client’s demands have not been satisfied or the time period allotted for their consideration has expired, the consumer has the right to apply to the court for consideration of the case, as well as for the restoration of his violated rights.

The statement of claim will be filed at the location of the consumer services organization, in accordance with the requirements established by the current Code of Civil Procedure of the Russian Federation.

In addition, the client has the right to file appropriate complaints against dry cleaning in order to initiate inspections by regulatory authorities.

How much compensation should I demand?

In a claim, the customer may demand from the contractor:

Replace a lost or damaged item with a similar one . The contractor must do this within three days.
Refund twice the cost of the item . This opportunity to receive double compensation for damage appears to the customer in accordance with Art. 35 of the Law “On Protection of Consumer Rights”.
Demand compensation for the paid cost of poor-quality service.

It is worth noting that if the dry cleaner is given only three days to satisfy the return request, the claim itself can be considered within 10 days.

What to do if the dry cleaner refuses your requirements?

If there is a refusal to correct deficiencies, return money for services, or compensate for damages, the client files a lawsuit. The application is drawn up taking into account the requirements of Article 132 of the Code of Civil Procedure of the Russian Federation and is submitted to the court in accordance with the rules of jurisdiction. At the choice of the applicant, he has the right to apply to the court:

at place of residence;
at the location of the performer;
at the place of execution of the contract.

Disputes regarding the protection of consumer rights are heard by district and magistrate courts. If the amount of the claim is less than 50,000 rubles , then the claim is filed in the magistrate's court, if the amount of the claim is over 50,000 rubles . – to the district (city).

No state duty is paid for claims for consumer protection. A mandatory fee is charged only when the size of the claims exceeds RUB 1,000,000 .

Claim to dry cleaner: damaged item cannot be repaired, compensation required

Having recorded the act of verifying defects and differences between the item handed over and received, you can contact the authorities. An inventory is carried out when submitting an application to the arbitration court. If there is a procedural rule of the article, a court hearing is expected. If something is damaged at the dry cleaners, what should you do? A sample claim (presented below) was accepted, but no one paid the funds.

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