Complaint for a damaged item in a dry cleaner. If a dry-cleaner spoiled a thing: what to do and how to be? Responsibility of a dry cleaner for a damaged item

Many things cannot be put in order at home, so it is important to know what to do if an item is ruined in a dry cleaner. We tell you how to act to achieve an effective result, how to file a claim and what kind of compensation you should expect.

What to demand?

The Consumer Service Rules, the Civil Code and the Consumer Rights Protection Act (PCLA) are the “three pillars” that you should rely on if your item is damaged in dry cleaning.

If the woolen suit has sat down, shreds fall out of the fur coat after cleaning, and creases and bald spots appear on the sheepskin coat, which definitely cannot be attributed to “natural wear and tear”, then with these and many other “irreversible damages”, the customer is right:

return the cost of cleaning, and it, by the way, is quite high;

reimburse twice the cost of the unsuccessfully “cleaned” thing.

Article 35 of the LOA should be invoked not only in case of partial or complete damage to the thing, but also in case of its loss. Therefore, it is quite possible to threaten the listed compensations if the point delays the issuance of the thing or announced its loss.

Safety net

Those who thought about possible complications in advance get the maximum chances for success and a refund. It is not necessary to have supernatural powers of a seer, but taking a correctly completed receipt is a must.

The receipt must contain the following information:

the legal address of the executing company and its full official name;

Name of the customer, address and contact phone number;

the type of service provided;

detailed description of the item being handed over: color, composition of the fabric, completeness, the presence of one or another fitting, existing defects;

acceptance date;

turnaround time;

price.

On a note! It’s good if you can reflect in the receipt the estimated value of the item according to the receipt saved from the store.

There are several simple tips that help keep you out of trouble.

If you hand over a huge fur blanket, curtains or clothes with detachable details, such as a collar, tiebacks, lining, be sure to reflect this on the receipt. In the future, it will not be difficult to prove that the lost components of the model were available. The same applies to accessories - do not be lazy to list how many buttons, serviceable buttons, zippers are on things.

Keep in mind that the company is obliged to draw your attention to the defects of the item being handed over, as well as to warn about adverse consequences, pursuant to Article 35 of the RFP. But if something in the wording is not clear, do not sign the paper. For example, it is indicated that the fabric is dyed with an "unstable dye". What does this mean? For dry cleaning, only that she disclaims all responsibility if such a suit or dress fades or becomes stained after cleaning. By signing the receipt, you automatically confirm that you accept the risks, and in the future it will be extremely difficult to prove that you were not warned.

If at the time of acceptance you are forced to sign an agreement, which contains a clause on the absence of liability of the contractor in case of damage (loss) of the thing, you are not required to put your signature. And if you still signed, do not worry. Such contracts are easily recognized in court as null and void, as they violate consumer rights.

Action algorithm

When a dry-cleaner's item is damaged, a well-written claim will help you get your money back, but your actions depend on at what stage you identified poor-quality work.

Straightaway

If at the time of returning your cleaned clothes, curtains, tablecloths or sofa covers, you find damage, then:

do not sign receipts;

write a two-sided claim listing the shortcomings and indicating the amount to be returned (more details below).

Important! If you have signed an acceptance certificate, any further claim for obvious defects will not be valid.

The dry-cleaner is given 3 days to voluntarily meet the requirements. If this does not happen, contact your local consumer protection office. Another application will be required, as well as a duplicate of the previously filed claim and a response from the dry cleaner (if received).

Within 2 years

The law gives you 2 years to file a claim (section 19 of the RFP). This deadline is set because low-quality services are often discovered later. For example, a cleaned suit began to “creep” at the seams after 2-3 months due to the impact on the threads during cleaning of a too aggressive chemical substance.

In such situations, you may also be entitled to compensation:

100% refund of the cost of work;

payment for the damaged item;

moral compensation (validity is proved in court).

We write a claim

You are lucky if you contacted a dry cleaner who wants to hush up the scandal and pay what is owed without documents. But most likely, you still have to make a claim to the dry cleaner for a damaged item, and the sample will help you write the paper correctly. It must indicate:

the condition of the item before it was sent for cleaning;

the presence of special markings on the rules for caring for the product;

identified defects;

lack of warnings from the contractor about the potential risks of damage to the product;

claims for damages and grounds (sections of the RFP).

Attach documents confirming the expenses to the claim - a receipt for payment for cleaning services, as well as an assessment of the value of the item (an expert opinion or a purchase receipt, if you kept it because you purchased the item recently).

On a note! In order not to have to order an examination, lawyers recommend keeping store receipts for expensive items.

According to standard practice, a letter of claim is drawn up in two versions. Both are certified by seal and signature official. The customer takes one copy, the second one is left to the negligent performer.

If the company denies that the resulting flaws resulted from poor performance, then:

insist on a written refusal to meet your requirements;

take the item to the merchandise expert bureau to assess its value and confirm that the defects were obtained as a result of unsatisfactory dry cleaning;

after expert proof of the guilt of the performer, feel free to make a claim.

On a note! If during the examination it is revealed manufacturing defect, then claims will have to be made to the garment factory.

It is often impossible to hand over the claim in person, so it is possible to send it (with all attachments) by mail. Save the receipt you receive.

If 10 days after receiving a letter of complaint from you, the company still does not meet halfway, complain to Rospotrebnadzor, and then to the court. If the dry-cleaner damaged or lost the item, and at the same time refused to satisfy the legal requirements of the customer, arbitrage practice confirms that you will return not only the cost of services and the damaged (lost product), but also a penalty for the use of your money (Article 395 of the Civil Code), as well as compensation for moral damage and legal costs.

Consumer rights are governed by the current provisions of the Consumer Protection Law. Thus, according to the situation where the client discovers that the dry-cleaner ruined his item, he may require one of the following requirements to be met:

• Return the cost of the damaged item in double the amount;

For example, a dry-cleaned coat cost 5,000 rubles; if it is damaged, the dry cleaner is obliged to return 10,000 rubles to the client.

• Return full cost cleaning.

Information

What to do after discovery

If, when picking up a thing from dry cleaning, you find incomprehensible stains, stains, worn elements (which were not there) or holes on it, the following actions should be taken:

• Refuse to sign the receipt, which states that there are no claims from the client to the quality of the service provided;
• Demand to draw up an act that lists the identified defects (consequences of poor-quality cleaning);
• The claim should also indicate how much the damaged item costs and which of the requirements, on the basis of Article 35 of the Law, must be satisfied.

If the consequences of poor-quality cleaning are discovered after the client has taken the item and signed the receipt for the absence of a claim, do not despair. According to the current legislation, the client retains the right to receive monetary compensation even after dry cleaning, but on the condition that they discovered hidden flaws that could not be revealed during a superficial inspection of the item during fitting.

For example, some time after dry cleaning, the fur on a fur coat began to crumble rapidly, leaving bald patches. The reason for this was the use of inappropriate chemical composition for cleaning fur products.

Information

If, after dry cleaning, you find that there are stains left on the dress, you will not be able to return it back, demanding money, because this shortcoming is "visible", i.e. one that could be seen at the time of inspection and make a claim immediately.

What to do if the dry cleaner denies fault

A fairly common situation is when, in response to a client's demand to return money for poor-quality cleaning, a company employee receives an unambiguous refusal. In this case, The client should take the following actions:

• Send a damaged item to using the services of one of the private companies in the city;

Information

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

• Be sure to keep your receipt. If the examination reveals that the defects appeared as a result of poor-quality work on cleaning the product, then the dry cleaner will have to reimburse you for the costs of the examination.
• If the dry cleaner's fault is confirmed, the next step is to

Warning

Drawing up a claim

If the fault of the dry cleaner is nevertheless confirmed, you should proceed to drawing up a claim addressed to the director of the enterprise specializing in cleaning things.

The claim petition must be drawn up in the format of two copies, one of which will be submitted for consideration to the administration of the cleaning company, and the second, with a mark of receipt, will remain in the hands of the applicant.

As for the content of the document, when compiling it, the following information should be indicated:

• Description of the identified defects on the item;
• Description of the item before dry cleaning;
• Indication of the presence of appropriate markings on things, according to which it can be cleaned with chemical compounds.

In addition, it should be mentioned in the claim that when receiving the item, the dry cleaning employee did not warn about possible damage to the item due to chemical exposure to it.

• Dry cleaning requirements with reference to articles

• Enumeration of the list of attached documentation confirming what is described in the main part (a photocopy of the receipt and the results of the conducted commodity examination, payment documents for the thing itself, etc.);
• Date and personal signature of the applicant.

Information

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

Going to court

If after 10 days there is no response from the dry cleaner or she refuses, you should proceed to the next step -

In addition, the client will need to take care of the collection required list documentation, namely:

• Receipt from dry cleaning;
• The act of acceptance and transfer of things;
• A check confirming payment for the service;
• Payment documents for the thing itself, confirming its value;
• A photocopy of the claim confirming the client's attempt to resolve the situation at the pre-trial stage.

As a claim, the plaintiff has the right to indicate:

• Compensation material damage(damage to things) in a double amount;
• Compensation for self-conducting merchandise expertise;
• Penalty and penalties for additional expenses that the client had to bear.

Information

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

How should a receipt be issued?

In order to avoid problems with the return of money for an item damaged in dry cleaning, you should carefully read the receipt that is issued at the time of receiving the item. So, it should contain the following information:

• Legal address of the dry cleaner;
• Details of the client (name, address, contact phone number);
• Type of service provided;
• The name of the product to be cleaned, including a description of its color, composition, accessories, completeness, stains and streaks that should be eliminated;
• The date of receipt and the period during which the order will be executed;
• Service cost;
• Signature of the seller and the employee at the reception point.

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

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

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

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

About, what to do if you have spoiled a thing in dry cleaning, we will tell you in the article.

What is the relationship between the client and the company?

The relationship between the consumer and the company providing chemical cleaning services, regulated by the following laws of the Russian Federation and by-laws:

• by law;
• the Civil Code of the Russian Federation;
• Government Decree No. 1025 "On approval of the rules for consumer services to the population."

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

How should the invoice be issued?

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

• name of the subject;
• color, texture, completeness, material, accessories;
• existing defects that cannot be eliminated during the dry cleaning process;
• additional paid services.

Also receipt should contain:

• legal address of the company;
• Full name, address and telephone number of the customer (consumer);
• type of service;
• date of receipt and execution of the order;
• service cost.

During the reception of the item, the dry-cleaner must examine it carefully. and leave a note about possible negative consequences upcoming cleaning.

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

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

What to do if the item is damaged?

If, when picking up an item from dry cleaning, the customer discovers defects that have appeared, he is entitled to compensation the damage caused to him.

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

If the thing has received irreversible damage or its presentation has been violated, the customer may draw up a claim in which claims for compensation.

Where to apply?

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

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

Is expertise required?

In case of disagreement of the consumer service enterprise with the damage identified by the consumer, he has the right to apply to independent expertise. This may require 2 types of expertise:

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

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

What exactly is required?

The customer in a claim in accordance with Russian law may require the performer:

• replacement of a lost or damaged item with a similar one within 3 days;
• in the absence of such an opportunity - compensation for the value of the thing in a double amount;
• full refund of the money paid for the service.

How to make a claim?

In a claim addressed to the head of an enterprise providing dry cleaning services, it is necessary to fully indicate the circumstances of the case and the requirements for the customer. The claim is made in simple writing and consists of 3 parts.

The descriptive part contains:

In the motivational part, it is necessary to indicate which laws, by-laws and relevant consumer rights violated during the provision of the service.

The final part should contain the requirements and the deadline for their implementation in accordance with the law. Also in this part, further actions of the consumer are indicated in case of refusal to satisfy the specified requirements.

1. O. applied to the district court of Krasnodar with a statement of claim against LLC PKF "Asma" dry cleaning "Blesk" with a demand for the recovery of damages and compensation for moral damage for a ruined wedding dress. The total amount of the claim is 112,552 rubles, of which the one-time cost of the thing is 72,000 rubles, compensation for moral damage - 5,000 rubles, other expenses - 35,552 rubles. Based on the fact that the merchandising examination established the market value of the product, taking into account its 50% wear and tear, in the amount of 36,000 rubles, and recovered in her favor 61,100 rubles, of which the cost of the dress amounted to 36,000 rubles, compensation for moral damage - 3,000 rub., other expenses and losses - 22,100 rubles.
2. K. appealed to the district court of Samara with a statement of claim against IP Alyushev E.B. demanding the recovery of the cost ruined fur jacket double the amount, compensation for moral damages and other expenses. During the trial The court granted the plaintiff's claims in part. and recovered from IP Alyusheva E.B. twice the cost of the product, taking into account depreciation in the amount of 156,000 rubles, compensation for moral damage in the amount of 1,000 rubles, other expenses and losses in the amount of 107,208 rubles. The total amount of recovery in favor of K. - 264,208 rubles.

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

Since, according to the law, the provider of this type of service obliged to compensate twice the cost of the product, then the customer can return the amount in a larger amount than was spent on the purchase of the thing.

What to do if the dry-cleaner spoiled the thing? Learn about it from the video:

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;

— name of the rendered household services;

— 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;

— guarantee period for the service provided;

- 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 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 of the customer about possible problems upon acceptance of the product, which we talked about above.

If agreement cannot be reached

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

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

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

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

5/5 (3)

Actions after discovering defects

Having received in your hands an item that you previously gave to dry cleaning, and found that its size has significantly decreased, the color has changed, and in addition, other damage to the material from which it is made has appeared. this thing you don't know what to do with it?

Important! To begin with, verbally inform the dry-cleaner about your claims. Most likely, you will be told that the thing has already had these damages, and dry cleaning has nothing to do with it. In this case, an act on the identification of defects should be drawn up. This act is drawn up by two parties - the client and the authorized representative of the dry cleaner.

Dry cleaners have no right to refuse you to draw up such an act. Refusal on their part will be a direct violation of the norms of the current legislation. Russian Federation and will become the basis for you to apply to various regulatory and supervisory agencies, such as: federal Service on supervision in the field of consumer protection and human well-being, the prosecutor's office and so on.

In this case, you should not take the damaged item. In the event that the damage that your item received in dry cleaning was discovered by you already outside it, this does not mean at all that you do not have the right to claim appropriate compensation.

But this can be done only in the case when these defects were initially hidden, and in the process of accepting the item it was not possible to reveal them.

An example of such latent defects is a fabric that, as a result of exposure to chemicals used in the cleaning process, was damaged and began to break down after a short time.

If you did not examine the item carefully enough or did not examine it at all and signed the act of receiving the item from the dry cleaner, and when you came home you found obvious defects, for example, remaining stains, making a claim to the dry cleaner will be unlawful.

Therefore, be extremely careful when receiving a dry-cleaning item, carefully check it for various flaws.

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

What is the law

The following legal acts protect your legal rights and interests:

• approved by the Decree of the Government of the Russian Federation of August 15, 1997 No. No. 1025 Rules for Consumer Services for the Population in the Russian Federation;
• Civil Code of the Russian Federation;
• Law of the Russian Federation of February 7, 1992 No. No. 2300-I "On consumer protection".

Please note! Federal Service for Supervision of Consumer Rights Protection and Human Welfare No. 0100/2473-06-32 of 07.03.2006 installed, dry cleaning, as well as laundry done by legal entities or individual entrepreneurs should be seen not as a service but as a work performed.

Based on this, all relations that arise between the dry cleaner and the client regarding the performance of work on cleaning things are governed by the provisions of Article 35 of the Law of the Russian Federation of 02/07/1992. No. 2300-I "On consumer protection".

Your rights in case of damage to clothes in dry cleaning

The norms of Article 35 of the Law of the Russian Federation of February 7, 1992 No. 2300-I “On Protection of Consumer Rights” clearly states that the contractor is fully responsible for the safety of the thing that the customer gave him to carry out certain work on it.

Remember! In practice, this means that if an item sent for dry cleaning, as a result of cleaning it, has received damage that is incompatible with its further use, then the owner has the right to demand:

• compensate for the damage caused to him, the amount of which is equal to twice the value of the damaged thing;
• give him back cash given in payment for the cleaning of the damaged item.

At the same time, in order to satisfy the requirements put forward by you, dry cleaning is given three days. This obligation directly follows from the provisions of paragraph 3 of paragraph 1 of clause of Article 35 of the Law of the Russian Federation of 07.02.1992. 2300-I “On Protection of Consumer Rights”, which reads: “In case of complete or partial loss (damage) of the material (thing) accepted from the consumer, the contractor is obliged to replace it within three days with a homogeneous material (thing) of similar quality and, if desired, of the consumer to manufacture a product from a homogeneous material (thing) within a reasonable time, and in the absence of a homogeneous material (thing) of similar quality, to reimburse the consumer for twice the price of the lost (damaged) material (thing), as well as the costs incurred by the consumer.

You will be able to receive such compensation only if it is proved that it is the dry cleaner who is to blame for the damage to your item or its loss.

Written claim

Important! If you have good reason to believe that a previously dry-cleaned item has been damaged by the dry-cleaner, you should file a properly filed claim.

Despite the fact that the current legislation of the Russian Federation has not established strict requirements for the form and content of the claim, it must contain the following information:

• full legal name of the dry cleaner;
• description of the current situation;
• indicate separately that there were special signs on the handed-over clothes that allowed dry cleaning. In addition, if the dry cleaner who took your clothes did not perform samples and tests to clarify the reaction of the material to the substances used in cleaning and to identify hidden defects, be sure to report this;
• specify the requirements that you have for dry cleaning;
• the claim must be countersigned by your own handwritten signature indicating the date of its signing.

Attention! In accordance with the norms provided for by paragraph 1 of paragraph 29 of the article and paragraph 1 of paragraph 35 of the article of the Law of the Russian Federation of 07.02.1992. No. 2300-I"On Consumer Protection", you can present one of the following requirements to a dry cleaner:

• eliminate identified deficiencies free of charge;
• appropriately reduce the cost of the work performed;
• within three days, replace the damaged item with an item equivalent to it in terms of quality, and if the replacement is not possible, reimburse the cost of the damaged item in double the amount and the costs that you incurred to pay for dry cleaning services;
• to compensate you for the costs that you have incurred, by yourself or with the involvement of third parties, eliminating the damage;
• fully compensate you for the losses that you have suffered in connection with the discovery of shortcomings in the work performed by the dry cleaner.

It should be noted that in accordance with the norms of paragraph 2 of Article 35 of the Law of the Russian Federation of 07.02.1992. 2300-I "On Protection of Consumer Rights", the cost of the item transferred to dry cleaning is determined on the basis of a contract, receipt or other document that was drawn up when the item was transferred to dry cleaning.

If there is no information on the specific value of the dry-cleaned item in such a document, then you will have to substantiate it. actual cost. This can be done, for example, by providing a financial document confirming the fact of its acquisition.

The claim must be made in two copies. One of them you should take to the dry cleaners. At the same time, demand that the dry-cleaner who accepted your claim must sign for its receipt on your copy.

At the same time, he must indicate the position held, as well as the last name, first name and patronymic. If possible, ask him to put a seal or stamp.

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

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

ATTENTION! View a completed Dry Cleaning Claim Form:

Watch the video. Lawyer tips for filing a claim:

Terms of fulfillment of requirements

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

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

If in your claim you demand to reduce the cost of the work performed or reimburse the expenses that you incurred by eliminating the identified shortcomings, then in accordance with the norms of Article 22 of the Law of the Russian Federation of 07.02.1992. No. 2300-I “On the Protection of Consumer Rights”, ten days are allotted for dry cleaning to satisfy them.

If in your claim you demand to replace the damaged item with an item equivalent to it in terms of quality, or to compensate you for damage in the amount of twice the cost of the item and the expenses you incurred, then in accordance with the norms of paragraph 1 of Article 35 of the Law of the Russian Federation of 07.02.1992. No. 2300-I "On the Protection of Consumer Rights", it must be satisfied within three days.

What to do if the dry cleaner refuses to pay for damages

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

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

• turn to independent experts who will conduct an examination of the damaged item in order to establish exactly when and as a result of which it received damage;
• be sure to keep a document confirming your relationship with the dry cleaner. Such a document may be a contract concluded with her, a receipt for payment for services, and so on. If during the examination it is established that your item was damaged as a result of the fact that the dry cleaner committed violations during the cleaning work, the dry cleaner will have to compensate you for the costs of the services of independent experts that you have incurred.
• if, as a result of the examination, the fault of the dry cleaner was proved, you can safely go to court to protect your legal rights and interests.

Attention! If, as a result of the examination, it is established that the item was damaged due to hidden manufacturing flaws, then in this case, the seller or manufacturer, and not the dry cleaner, should be the defendant in your claim.

How to file a dry cleaning claim

It should be noted that the current legislation of the Russian Federation does not impose any special requirements on a statement of claim for the protection of violated rights. But when compiling it, it is worth being guided by the norms set forth in Articles 131 and 132 of the Code of Civil Procedure of the Russian Federation.

It should begin with an introductory part, also called a "cap".

The following should be indicated here:

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

It should set out:

• a detailed description of the work that you ordered;
• the cost of the ordered works;
• damage that you discovered after receiving the item from dry cleaning. It should indicate when exactly these damages occurred and under what circumstances.

In this case, one should refer to the specific norms of the current legislation of the Russian Federation. If you tried to resolve the conflict out of court, be sure to report this, outlining the essence of the claim and the answer to it.

Important! Based on the norms of paragraph 1 of article 29 and paragraph 1 of article 35 of the Law of the Russian Federation of 07.02.1992. No. 2300-I"On consumer protection", the statement of claim should indicate one of the following requirements:

• eliminate the shortcomings identified in the work at their own expense;
• make a corresponding reduction in the cost of the work performed;
• within three days, replace the damaged item with an item with equivalent quality characteristics, and if such a replacement is not possible, to pay compensation in the amount of twice the price of the damaged product and the costs that you incurred in paying for its cleaning;
• reimburse the costs that you incurred in repairing the damage on your own or with the involvement of third parties;
• fully compensate for the damage incurred due to damage to things, losses.

In accordance with the norms 15 and 30 articles of the Law of the Russian Federation of 07.02.1992. No. 2300-I "On the Protection of Consumer Rights", you have the right to demand that the dry cleaner compensate for moral damage and pay a penalty.

ATTENTION! View completed sample statement of claim on compensation for damage due to the provision of dry cleaning services: