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recently, the people's court of xuanwu district, nanjing city, heard a service contract dispute case. a laundry shop dyed the down jacket of a customer, ms. xu, and was rejected by ms. xu. the laundry shop bought a new down jacket for the customer, but found that the size was wrong. so the laundry shop began to change the size, which was discovered by ms. xu when it was delivered. after many unsuccessful negotiations between the two parties, ms. xu sued the court and demanded that the laundry shop compensate for the loss of clothing for 1,399 yuan.

case summary:

on november 28, 2021, ms. xu bought a brand-new white down jacket for her daughter, size xs, for 1,399 yuan. after just a few days of wearing it, it got dirty by accident, so ms. xu quickly sent the down jacket to a laundry shop for cleaning and applied for a 500 yuan recharge card.

on january 22, 2022, the laundry contacted ms. xu and said that the down jacket was dyed. the laundry could compensate her at 80% off the purchase price. ms. xu asked for compensation for a down jacket of the same style.

the laundry bought the same down jacket as the one sent for cleaning and gave it to ms. xu. after receiving the down jacket, ms. xu found that the size was not the size xs she had purchased, but the size s. she returned it to the laundry and asked the laundry to compensate her with a down jacket of the same size. this worried the laundry because the size s down jacket she had purchased could not be returned or exchanged, but she had to buy another one.

so, the laundry shop had an idea and changed the size of the original dyed clothes and cleaned the down jacket in size xs, trying to get away with it. when ms. xu learned about this, she decisively refused to accept the "deformed" down jacket. the two parties failed to reach an agreement, so ms. xu took the case to court, demanding that the laundry shop compensate her for the loss of 1,399 yuan.

judge's comments

down jackets are essential warm clothing in winter, but due to the special nature of the material, more and more people choose to send their clothes to specialized laundries for cleaning. if problems occur during the washing process, it may cause disputes between consumers and laundries.

according to article 577 of the civil code: if a party fails to perform its contractual obligations or performs its contractual obligations inconsistent with the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

article 19 of the "regulations on the administration of the laundry and dyeing industry" stipulates: if the laundry and dyeing clothes fail to meet the laundry and dyeing quality requirements or do not meet the requirements agreed with the consumer in advance due to the operator's responsibility, or if the clothes are damaged or lost, the operator shall, according to different circumstances, reprocess them, refund the laundry and dyeing fees or compensate for the losses.

in this case, a service contract relationship was established between ms. xu and the laundry shop. when providing cleaning services, the laundry shop caused the clothes sent by the consumer to be stained due to improper cleaning. the laundry shop should bear the responsibilities of rewashing, refunding the laundry fee, and compensating for losses. although the laundry shop purchased the same clothes for the consumer, the down jacket it repurchased did not match the size of the stained down jacket and could not meet ms. xu's needs. it also changed the size without consent, infringing on the legitimate rights and interests of the consumer. the consumer has the right to refuse to accept the modified clothes and request compensation for losses separately. therefore, the court comprehensively considered the purchase time of ms. xu's down jacket, the degree of damage and other factors, and decided that the laundry shop should compensate ms. xu for her losses of 1,119 yuan.

judge reminder

1. before washing clothes, the laundry shop should check the condition of the clothes and keep photos for record, confirm with the consumer the newness, damage, washing method, etc. of the clothes, and fulfill the risk warning obligation.

2. if damage occurs accidentally during the washing process, the laundry should immediately explain the situation to the consumer and take appropriate remedial measures and negotiate a solution with the consumer.

3. consumers should choose professional laundries to clean their clothes. they should fully understand the terms of service before accepting the service and remind the laundries to clean the clothes in a specific way according to the washing instructions to ensure the cleaning effect of the clothes. for valuable clothes, they can choose insured cleaning.

4. at the same time, relevant documents should be properly kept. after the clothes are damaged, the cause of the damage and the facts of the damage should be determined in a timely manner, and active negotiations with the laundry should be conducted for claims.

5. if no agreement can be reached, consumers may call the 12315 hotline to protect their rights or seek relief through legal channels to safeguard their legitimate rights and interests in accordance with the law.

xiaoxiang morning news compiled from nanjing intermediate people's court and xuanwu district people's court