"Measures for Resolving Consumer Disputes in the Laundry and Washing Industry of Guangdong Province" Released and Implemented
Release Time:
2010-05-18 09:25
Source:
East Laundry Bulletin
Guangdong Province Laundry and Dry Cleaning Industry Consumer Dispute Resolution Measures
Article 1 To safeguard the legitimate rights and interests of consumers and operators in this province, regulate the business conduct of the laundry and dry cleaning industry, and fairly, justly, and reasonably resolve consumer disputes arising in the laundry and dry cleaning industry, in accordance with the "Consumer Rights Protection Law of the People's Republic of China" and the "Measures for the Implementation of the Consumer Rights Protection Law of the People's Republic of China in Guangdong Province" and relevant laws and regulations, and combined with the actual situation of the laundry and dry cleaning industry in this province, after consultation with the Guangdong Provincial Consumer Council and Guangzhou Consumer Council, these measures are formulated by the Guangdong Laundry and Dyeing Industry Association and the Guangdong Federation of Industry and Commerce Laundry and Dry Cleaning Chamber of Commerce and adopted by all members.
Article 2 All association member units and chamber of commerce member units engaged in the laundry and dry cleaning industry in this province shall consciously abide by these measures.
Article 3 When accepting laundry, the operator shall inspect and inform the consumer face-to-face of any stains, wear (damage), color degree, fastness, moth or mildew damage, missing parts, or other defects or flaws on the clothing, as well as any adverse consequences that may occur after washing, and note these on the washing receipt, with signatures from both parties for confirmation. In case of missed inspection or other issues, the operator must contact the consumer within two days (based on the date on the washing receipt) and obtain written confirmation from the consumer before washing; otherwise, the operator shall bear the consequences.
Article 4 Consumers may choose between non-valued washing or valued washing when sending clothes for cleaning. For non-valued washing, the washing fee is charged according to the non-valued washing standard; for valued washing, the washing fee is charged at a certain percentage (not exceeding 5%) of the declared insured amount by the consumer, but not less than the non-valued washing fee standard.
Article 5 When consumers collect washed clothes, operators should remind consumers to inspect the quality and quantity of the washed clothes on site and raise any issues immediately. For consumers who choose valued washing, if they inspect the quality and quantity of the clothes on site and raise no objections before completing the collection procedures and leaving, the valued washing agreement is considered fully completed with no further liability on either side; for non-valued washing consumers, if quality issues caused by missed inspection during washing are found after leaving, they must report to the operator within two days (based on the actual date of collection), and the operator shall rework the washing.
Article 6 If the clothes do not meet washing standards after washing, the operator shall provide free rework. If after one rework the quality requirements are still not met, the operator shall refund the washing fee to the consumer, except for stains declared before washing that cannot be removed or can only be partially removed.
Article 7 If partial damage occurs to clothes after washing, the operator shall repair them. For clothes that have been repaired, cannot be repaired, or are lost, the operator shall compensate the consumer as follows:
(1) For consumers choosing non-valued washing, if quality problems occur after washing and the clothes still have wear value after repair, the operator shall compensate six times the washing fee of the clothes; if the clothes cannot be repaired or are lost, the operator shall compensate twenty times the washing fee.
(2) For consumers choosing valued washing, if quality problems occur after washing and the clothes still have wear value after repair, the operator shall compensate 25% of the consumer's insured amount; if the clothes cannot be repaired or are lost, the operator shall compensate the full insured amount.
Article 8 If the clothes cannot be repaired and the operator has compensated the consumer, the clothes shall belong to the operator. If the consumer wants to reclaim the clothes, the following shall apply:
(1) For non-valued washing, compensation shall be 13 times the washing fee of the clothes;
(2) For valued washing, compensation shall be 70% of the insured amount of the clothes.
Article 9 If the clothes have inherent quality problems in material or manufacturing, or if the consumer insists on washing according to incorrect label instructions or the consumer's specified washing method causing shrinkage, thread loss, fading, color transfer, color matching, adhesive lining bubbling, etc., and after appraisal by the legal department it is found not to be the operator's responsibility, the operator shall not compensate but is obliged to provide relevant proof and assist the consumer in claiming compensation from the distributor.
Article 10 For quality disputes difficult to identify during washing services, the washed clothes may be sent to the relevant legal department for appraisal. The operator and consumer shall sign an appraisal agreement, with the appraisal fee initially paid by the proposing party and ultimately borne by the responsible party.
Article 11 If the operator fails to deliver clothes to the consumer on the agreed date, the consumer shall be notified promptly. Starting from the 5th day of delay, the operator shall compensate the consumer 2 RMB per item per day. If the consumer fails to collect the clothes on the agreed date, the operator shall remind the consumer. Starting from the 15th day of delay, the operator may charge the consumer 1 RMB per item per day as storage fee; if the clothes are not collected for more than 3 months, it shall be deemed that the consumer has voluntarily abandoned ownership rights, and the operator has the right to dispose of the clothes.
Article 12 If the operator commits fraud during washing services by passing off water washing as dry cleaning or claiming clothes have been washed when they have not, the operator shall refund the washing fee and pay an additional compensation equal to the washing fee. If the clothes are damaged, compensation shall be made according to Article 7.
Article 13 If disputes between consumers and operators cannot be resolved through negotiation, complaints may be made to the Consumer Council, appeals to relevant administrative departments, arbitration according to arbitration agreements reached by both parties, or lawsuits directly filed with the People's Court.
Article 14 If these measures conflict with laws, regulations, or rules, the laws, regulations, or rules shall prevail.
Article 15 These measures shall be interpreted by the Guangdong Laundry and Dyeing Industry Association and the Guangdong Federation of Industry and Commerce Laundry and Dry Cleaning Chamber of Commerce.
Article 16 These measures shall come into effect from the date of promulgation, and the original "Yue Xi Shang [2003] 028 Guangdong Province Laundry and Dry Cleaning Consumer Dispute Resolution Measures" shall be repealed simultaneously.
Guangdong Laundry and Dyeing Industry Association, Guangdong Federation of Industry and Commerce Laundry and Dry Cleaning Chamber of Commerce
March 21, 2007
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