Heilongjiang Province Consumer Rights Dispute Resolution Measures for the Laundry and Dyeing Industry
Release Time:
2009-09-21 19:29
Source:
China Laundry
Measures for the Resolution of Consumer Rights Disputes in the Laundry and Dyeing Industry of Heilongjiang Province
Measures for the Resolution of Consumer Rights Disputes in the Laundry and Dyeing Industry of Heilongjiang Province
2005-09-09 16:20:25
Article 1 To protect the legitimate rights and interests of consumers, clarify the responsibilities that laundry and dyeing operators should bear in business activities, and fairly, justly, reasonably, and timely resolve consumer disputes arising from laundry services, these measures are formulated in accordance with the "Consumer Rights Protection Law of the People's Republic of China" and related laws and regulations.
Article 2 Within the administrative region of this province, disputes between consumers and operators arising from laundry service activities shall be governed by these measures. The ironing industry shall refer to these measures for implementation.
Article 3 Operators engaged in the laundry and dyeing industry must have legal business qualifications, hang their business licenses in a conspicuous place at the business premises, and clearly inform consumers of service items, charging standards, and other related matters.
Article 4 The laundry and dyeing industry implements a unified credit card service system. Operators shall issue credit cards, receipt vouchers, collection vouchers, and other service documents to consumers. The credit card should indicate the estimated (merchant) price, condition, service content, laundry and dyeing methods, and related matters of the laundry items. The format of the credit card is formulated by the Consumer Association. If the operator fails to fill in or fills in untruthfully the credit card items, resulting in a rights dispute with the consumer, it shall be recognized and handled according to the consumer's written record or oral statement.
Article 5 When receiving laundry items, operators shall carefully inspect them and explain to consumers any existing defects or potential problems after laundry, as well as if the expected effect cannot be achieved after laundry. This shall be indicated on the credit card and signed by both parties. If no explanation or indication is made and damage occurs, the operator shall bear the responsibility.
Article 6 When receiving worn clothing for laundry, operators shall indicate on the credit card if parts prone to wear such as collars, cuffs, trouser legs, and knees are already severely worn. Operators are not responsible for damage caused after laundry if it was indicated. If damage is caused due to failure to indicate, the operator shall bear compensation responsibility.
Article 7 When providing laundry services for high-end, branded, or valuable laundry items, operators may negotiate with consumers and implement value-preserving fine washing and dyeing according to consumer requirements. The value of the laundry items shall be agreed upon by both parties in writing, and the fee for value-preserving fine washing and dyeing shall be negotiated by both parties but shall not exceed 5% of the laundry item's value. Operators shall not refuse consumers' requests for value-preserving fine washing and dyeing without reason.
Article 8 Before providing laundry services, operators shall provide consumers with detailed introductions to the laundry methods for different fabric textures and record the laundry methods on the credit card; operators shall use laundry raw materials that meet standards and strictly follow prescribed procedures. Using water washing while falsely claiming dry cleaning, not following the indicated laundry method, or not using standard-compliant raw materials shall be regarded as fraudulent behavior.
Article 9 When receiving laundry items, operators shall inform and obtain consumer consent to remove easily damaged or corroded decorations or accessories; if the consumer disagrees, the operator shall not be responsible for any resulting consequences and may refuse to provide services. If the operator fails to inform the consumer and does not remove decorations or accessories, resulting in damage to the decorations, accessories, or laundry items, the operator shall bear compensation responsibility.
Article 10 If due to the operator's responsibility the laundry items do not meet laundry standards or agreed effects, the operator shall re-launder them free of charge within a time limit not exceeding one week. If the re-laundering still does not meet requirements, the operator shall refund the laundry fee to the consumer and bear compensation responsibility for any damage caused to the laundry items.
Article 11 If the operator causes loss or damage to the consumer's laundry items, the laundry fee shall be refunded and compensation shall be paid according to the following standards:
Ordinary clothing shall be compensated based on the purchase price or estimated (merchant) price minus depreciation. Depreciation rates are calculated at 10% within six months, 20% within one year, 50% within one to two years, and over two years can be negotiated based on the clothing's condition. Laundry items under value-preserving fine washing and dyeing shall be fully compensated according to the agreed value. Suits are generally calculated by piece, with the ratio of jacket to pants (or skirt) calculated as 6:4. If the operator purchases the same new clothing to compensate the consumer, depreciation fees may be charged according to regulations.
Article 12 If the operator and consumer dispute the compensation value calculated under Article 11 or disagree on the original estimated (merchant) price, they may request a price appraisal agency to evaluate the laundry items and compensate based on the appraisal price. The appraisal fee shall be borne by both parties through negotiation.
Article 13 If disputes arise between consumers and operators over laundry issues, they may request relevant departments for appraisal; if appraisal is not possible, the Consumer Association may invite relevant professionals to provide identification opinions; disputes shall be handled based on appraisal or identification opinions. If identification is still not possible, the operator shall provide evidence of no fault; if unable to provide, the operator shall bear responsibility. Appraisal and identification fees shall be advanced by the requesting party and borne by the responsible party.
Article 14 Consumers and operators may resolve disputes through negotiation and settlement, or complain to the Consumer Association and relevant administrative departments, appeal, or lawfully request arbitration institutions for arbitration, or file a lawsuit with the People's Court.
Article 15 If the operator deliberately delays or unreasonably refuses the consumer's request for refund of service fees or compensation for losses, the Administration for Industry and Commerce or the Consumer Association entrusted by it shall order correction, and may impose warnings, confiscate illegal gains, and impose fines up to 10,000 yuan depending on the circumstances; in serious cases, order suspension for rectification and revoke the business license.
Article 16 These measures shall be interpreted by the Heilongjiang Province Consumer Association.
Article 17 These measures shall be implemented from November 1, 2001.
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