Fashion
Consumer Complaints Tribunal ruling on dress damaged after dry cleaning
The facts of the case
A consumer bought a dress for a special occasion for €219. After a month, she took him to dry cleaning at a professional dry cleaning company. When the consumer received the dress a few days later, she immediately noticed that it was not properly cleaned. Additionally, she noticed that the dress's padding was reversed, the corset was twisted and out of shape, and the zipper was completely scratched.
The consumer returned the dress to the dry cleaning company and left the dress with the company to check it out. Eventually, the company admitted that the dress was indeed stained. The company argued that the dress had been cleaned according to its care label and suggested that it might have gotten dirty again upon delivery.
The dry cleaning company offered to clean the dress again and repair the damage. However, the consumer did not accept the offer and requested a refund of the purchase price of the dress.
No agreement having been reached, the consumer filed an official complaint with the Consumer Affairs Office to launch the conciliation procedure.
However, even with the participation of the Bureau, no mutual agreement was reached between the two parties. Subsequently, the consumer had the opportunity to submit her case to the Consumer Complaints Tribunal.
The court's considerations
At first instance, the court noted that the consumer was demanding a refund of €219, which corresponds to the total price she paid for the evening dress she had purchased a month before having it dry cleaned.
The consumer claimed the dress was not properly cleaned and suffered damage during dry cleaning. To this assertion, the company stated that it strictly adhered to the cleaning instructions provided for the dress.
Once a dress loses its shape, restoring it through repairs becomes very difficult.
The company representative admitted that during the cleaning process the chest pads twisted and as a result the zipper got scratched. The representative explained that the company offered the consumer to repair the dress and replace the zipper, but the consumer declined the offer.
The court also observed that although it would have been preferable for the consumer to present the purchase receipt for the dress rather than the bank transaction, the representative did not dispute that the company had cleaned the dress. Additionally, although the company representative insisted that the dress had been cleaned according to its manufacturer's cleaning instructions, he did not provide details on what the care label said nor on the method used for cleaning, whether by dry cleaning or whether the dress had been washed in water. a washing machine.
Additionally, the company provided no explanation as to why the dress was re-cleaned without the consumer's consent. Indeed, on the basis of the documents provided, it turned out that the dress had undergone a second cleaning the day after the consumer returned the dress to the dry cleaners.
The court further considered that the consumer's version of events was more credible and better supported. With no evidence provided as to how the dry cleaning company handled the dress and after reviewing the submitted photos of the dress, the court found the consumer's claim to be substantiated.
The court also noted that the dress was still essentially new and the consumer had a right to expect that the dry cleaning process would not damage her dress. Additionally, once a dress loses its shape, restoring it through repairs becomes very difficult.
The court pointed out that the company's willingness to change the zipper and repair the padding implies an acknowledgment that the cleaning process was not carried out professionally because it damaged the dress. Additionally, the photos revealed that the zipper of the dress was not an ordinary zipper as it had a distinct color matching the dress, indicating its uniqueness.
The court's decision
After a thorough examination of the facts presented, the court ruled in favor of the consumer's request and ordered the defendant company to pay the sum of €219. Additionally, the court told the company that after the refund, it could retain possession of the dress. Additionally, the court ruled that the defendant company must cover expenses associated with the court proceedings.
Odette Vella is Director, Information and Research Branch, MCCAA.
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Sources 2/ https://timesofmalta.com/article/consumer-claims-tribunal-decision-regarding-dress-damaged.1090835 The mention sources can contact us to remove/changing this article |
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