Dry cleaners offer a convenient solution to clean delicate clothing that can neither be machine nor hand-washed.
When using these services, consumers are entitled to expect that the cleaning is performed with reasonable skill and care. If something goes wrong, consumers have the right to seek remedies, including compensation for any damages or losses incurred.
Consumer rights when things go wrong
Garments can sometimes sustain damage during the dry-cleaning process, and some dry cleaners may try to avoid liability by claiming they are not responsible for such damages.
They may even ask consumers to sign a waiver, or display signs in their stores that state they are not liable for damaged items. However, such disclaimers are generally considered unfair and are not legally binding.
Consumers have the right to seek compensation or a remedy if their clothing is damaged or not adequately cleaned. The amount of compensation typically depends on the item’s value and whether it can still be used.
When determining the compensation, consumers should also take into account the age of the item and estimate its current worth. For instance, if a jacket or dress damaged by the dry cleaner was purchased a few years ago, the consumer cannot expect a full refund of the original purchase price.
Full compensation would only be appropriate if the item of clothing was still relatively new and the consumer has proof of this. Additionally, if the product can be restored to its original condition, the dry cleaning company may opt for this solution rather than pay financial compensation.
Who’s at fault? Dry cleaner vs seller
Not all issues can be attributed to the dry cleaner. Sometimes, damages occur because of a manufacturing defect or incorrect cleaning instructions provided on the care label.
If this is the case, and the consumer’s product is still covered by the two-year legal warranty, then the consumer’s claim should be directed to the trader from whom the item was bought, not the dry cleaner.
Unsatisfactory service
Sometimes it is the quality of the dry-cleaning service that does not meet the consumers’ expectations. When this happens, it is important to notify the dry cleaner immediately and request that the garment is cleaned again at no additional charge. Should the dry cleaner again fail to meet the expected standards, consumers are then entitled to request a refund of the payment for the service.
Lost items and compensation
Compensation can also be sought if an item is lost by the dry-cleaning company. In such cases, the compensation should reflect the item’s current value rather than its original purchase price. Usually, the final compensation amount will need to be negotiated with the dry cleaner. Keeping records of expensive garments, including receipts or proofs of purchase, may ensure fair compensation in case of loss.
Situations where the dry cleaner is not liable
Dry cleaners are generally not responsible for damages to garments if consumers were clearly informed of potential risks and chose to proceed anyway. However, it is crucial that such warnings are provided both verbally and in writing, ensuring that consumers are fully aware of any risks before agreeing to the service.
Consumers’ responsibilities
While consumers have rights, they also bear certain responsibilities. Consumers should always inspect their garments carefully upon collection from the dry cleaner. If they notice any issues, these should be reported immediately. Failing to do so could impact their ability to claim compensation later on.
If a problem arises, it is recommended that consumers first communicate directly with the dry cleaner to request a reasonable solution. If the dry cleaner denies liability or offers an unsatisfactory compensation amount, consumers can then escalate the matter by filing a formal complaint with the Office for Consumer Affairs at the MCCAA so that conciliation may be carried out with the aim of reaching an agreement and obtain the remedy or compensation the consumer is entitled to.
When using dry-cleaning services, consumers can minimise potential issues and ensure they receive the high-quality service they expect by being well-informed about their rights and responsibilities. Establishing clear communication with the dry cleaner, keeping records of the sales transaction and understanding their legal protection, are key to safeguarding consumers’ interests.
Odette Vella is director, Information and Research Directorate, MCCAA.