Guangzhou: Compensation for damaged negotiated-price clothing must be based on actual value

How to compensate for damage to expensive clothes after washing? What is the value of worn clothes? How to assess the value of clothes with sentimental significance? The Guangzhou Laundry and Dry Cleaning Industry Association has formulated and issued the "Guangzhou Laundry and Dry Cleaning Consumer Dispute Resolution Measures" (hereinafter referred to as the "Measures"), which clearly stipulate that consumers can choose between negotiated and non-negotiated washing services when sending clothes for cleaning. For negotiated items, even if buttons or accessories are lost after washing, the operator should compensate 30% of the negotiated amount; if the clothes are damaged, compensation should be based on the actual value.

Laundry disputes are mostly quality complaints.

Lu Zhiji, president of the Guangzhou Laundry and Dry Cleaning Industry Association, introduced that the biggest problem faced by the laundry industry is quality disputes, and laundry disputes have even gone to court. Li Yongqiang, secretary-general of the Municipal Consumer Council, revealed that last year there were 33 consumer disputes related to laundry services in Guangzhou. On one occasion, a piece of clothing sent for washing by a Chinese expatriate living in Japan was damaged, and this piece of clothing was very precious to him because he had worn it when meeting national leaders. The expatriate refused compensation and demanded restoration to the original state, which put the laundry shop in a difficult position and caused great dissatisfaction between both parties.

Lu Zhiji said that the "Measures" are still industry regulations applicable to member units of the Guangzhou Laundry and Dry Cleaning Industry Association and consumers sending clothes for cleaning. The "Measures" will be posted in more than 100 member laundry shops and will be part of the laundry service contract.

Consumers can choose between non-negotiated washing or negotiated washing.

The "Measures" first propose that consumers can choose between non-negotiated washing or negotiated washing when sending clothes for cleaning, and clearly stipulate related compensation. The "Measures" require operators to inspect the clothes upon receipt and inform consumers in person of various defects such as stains, shrinkage, color transfer, wear (damage), moth damage, mildew, and missing parts, as well as possible adverse effects after washing. These must be noted in the washing service contract and signed by both parties to establish the contract.

When consumers send clothes with special sentimental value or expensive clothes, both operators and consumers can choose negotiated washing. The washing fee for negotiated items is determined by negotiation between the consumer and operator based on the difficulty and risk of washing, and the fee should be no less than 10% and no more than 20% of the estimated value of the clothes.

If the washed clothes fail to meet industry quality standards, the operator should rewash them once. If the quality standards are still not met after rewashing, the washing fee should be refunded, except for clothes that were noted before washing as having stains that cannot be removed or can only be partially removed. For negotiated items, if buttons or accessories are lost or there are obvious repair marks after washing but the clothes remain wearable, compensation should be 30% of the negotiated amount.

If negotiated items are lost or severely damaged beyond repair due to the operator's responsibility after washing, the operator should compensate the full negotiated amount. If negotiated washing cannot be agreed upon, the operator may refuse to accept the business in negotiated form but must explain this to the consumer.

Lu Zhiji stated that although the autonomous choice between non-negotiated and negotiated washing is not the first in Guangzhou, it is absolutely leading nationwide in terms of system improvement. Moreover, the stipulated compensation amounts are the highest in the country.

Non-negotiated washing can be compensated up to 20 times the washing fee.

Li Yongqiang, secretary-general of the Municipal Consumer Council, introduced that the washing fee for non-negotiated items is charged according to the prices displayed in the store. If missed defects are found during pre-washing inspection of non-negotiated items, both parties must confirm the missed defects within 72 hours before washing; if quality problems are found after more than 72 hours from receiving or picking up clothes, the party responsible for storing the clothes is liable. For clothes with noted quality defects before washing, if other quality problems are found after washing, the operator should compensate 1 to 3 times the washing fee; if severe damage or loss occurs after washing, compensation should be 3 to 5 times the washing fee.

For clothes noted as having no quality defects before washing, if minor quality problems appear after washing, compensation should be 4 to 6 times the washing fee; if severe damage or loss occurs after washing, compensation should be 6 to 9 times the washing fee. For brand-new clothes with tags and no stains or defects noted before washing, if damage or loss occurs after washing, compensation should be 10 to 20 times the washing fee.

The maximum responsibility period for storing clothes is 90 days.

The "Measures" also stipulate that if consumers exceed the agreed pick-up period by 15 days, operators are not obligated to store clothes for free. For overdue pick-up, a storage fee of 1 yuan per item per day will be charged, except for clothes with washing quality disputes. If the operator fails to deliver clothes within the agreed contract period, a penalty of 2 yuan per item per day will be paid to the consumer, except for clothes with quality disputes. The maximum storage responsibility period is 90 days; beyond this period, operators have the right to treat the clothes as unclaimed.

If consumers and operators have disputes over the quality of laundry, they can entrust the Guangzhou Laundry and Dry Cleaning Industry Association's Laundry Quality Appraisal Center or other authoritative appraisal institutions agreed upon by both parties to appraise the laundry quality. The appraisal fee is advanced by the requesting party and borne by the responsible party. Consumers and operators with laundry disputes can complain to the Municipal Consumer Council, industry association, and relevant departments.

Industry and Commerce Department: Dispute resolution will refer to the "Measures".

Yesterday, a relevant person in charge of the Municipal Industry and Commerce Bureau introduced that the department supports and welcomes the introduction of the "Guangzhou Laundry and Dry Cleaning Consumer Dispute Resolution Measures" and will refer to these measures when resolving actual disputes in the future. The formulation of the measures provides good guidance for consumers and operators. According to statistics from the 12315 Consumer Complaint Center, disputes related to laundry services have increased rapidly in recent years and have encountered difficulties in resolution.

First is the difficulty in determining responsibility. When operators receive clothes, to save trouble, they do not make written records of any issues with the clothes. When disputes arise over damaged clothes, both parties stick to their own versions. Second is the difficulty in identifying clothing damage. When clothes sent for washing are damaged, operators often shirk responsibility, claiming the damage is due to the quality of the clothes themselves and refuse compensation. This requires consumers to go to testing departments for identification, but currently there are no testing methods for such disputes, and once a dispute arises, it relies solely on mediation. Although it is possible to get identification from quality supervision departments, due to the lack of reference objects, it is difficult to obtain an identification report in the end.

Currently, laundry shops do not have a unified and clear compensation standard for problems with clothes sent for washing. Generally, compensation is only one to two times the washing fee, which is far from equivalent to the price of the clothes. When damage or loss of clothes is caused by the operator's responsibility, consumers seek compensation, but both parties often disagree on the amount.

Lawyer: The "Measures" serve as industry standards with guiding effects.

At yesterday's press conference, Li Yongqiang stated that the 33 disputes in the laundry industry in Guangzhou last year laid the foundation for some provisions in the "Measures." The Consumer Council participated in the research of the "Measures" to protect consumer interests. The "Measures" fully reflect the requirements of industry self-discipline and social responsibility. At the same time, Li Yongqiang believes the "Measures" provide solutions for common disputes in the laundry industry. Finally, Li Yongqiang hopes that "other industries can refer to this form and formulate some generally applicable measures."

Lu Zhiji said that before national laws detail the scope of compensation for laundry disputes, the introduction of the "Measures" can quickly handle disputes and reduce the waste of national resources, "It is an attempt by the industry to cross the river by feeling the stones."

Regarding the feasibility and legal effect of implementing the "Measures," Sima Chunqiu, director of Guangdong Yichunqiu Law Firm and a participant in the formulation of the "Measures," answered some questions. He said many industries and products have national standards, including mandatory and recommended standards. If there is no national standard, industry standards generally need to be formulated. The "Measures" can be considered an industry standard, which provides guidance to both parties during transactions. We hope to formulate national standards as soon as possible because the dispute resolution methods of industry associations cannot currently serve as legal basis in judicial practice. "In Western countries, many standards set by industry associations can serve as legal basis, but China cannot do this yet." Lawyer Sima emphasized that only when industry associations strengthen their positioning in consumer disputes can the "Measures" have practical significance.

Guangzhou laundry enterprises have exceeded 300.

It is reported that currently there are more than 300 laundry-related enterprises in Guangzhou, with over 1,500 stores directly providing laundry services to households in streets and alleys.

Lu Zhiji said that the qualifications of laundry operators vary, and irregular laundry shops that fake dry cleaning and unresolved complaint issues still exist. He frankly admitted that the laundry industry is high-risk and achieving 100% satisfaction is very difficult. Many five-star hotels with laundry rooms do not accept luxury clothes worth tens of thousands of yuan because the risk is too high to afford compensation. Many laundry companies have sought insurance solutions, but even insurance companies dare not take them on. Currently, many laundry companies can only adopt insured washing methods, communicating with customers in advance, informing them of possible issues based on the actual condition of the clothes, and the required insured amount. Unexpected situations will be compensated according to the insured amount.

Extended investigation.

Laundry industry response is lukewarm.

Tiantian Laundry has multiple chain stores and is a large laundry company with over 100 stores in Guangzhou. The washing prices for various clothes are generally higher than other private laundry shops.

When asked whether Tiantian Laundry would compensate consumers "2 yuan per day of delay" according to the "Measures," the staff did not comment. Regarding the provision that compensation for damaged clothes could be up to 20 times, customer Ms. Zhu refuted, "Even if the washing fee is compensated 20 times, it still does not match the price of my clothes." She said she does not care about the compensation multiple but just wants to find a place with guaranteed washing quality. "Even if the 'Measures' are implemented, I still won't send clothes to small shops for now."

On the first floor of Mingmen Building on Guangzhou Avenue Middle, there is a Meite Dry Cleaning shop, which also has several other stores in Guangzhou. Although it cannot match the chain scale of Tiantian Laundry, it is somewhat more formal than some private small shops. The owner, Mr. Chen, said, "This shop has been open for more than a year and rarely encounters disputes, about one or two times a year." For customer dissatisfaction, he often refunds the washing fee, and for more serious cases, compensates one or two hundred yuan, usually resolving disputes through negotiation. Regarding the provision in the "Measures" that the shop can charge 1 yuan for a one-day delay, Mr. Chen understands it as: "The 'Measures' are only a suggestion, not a law or regulation. This is a right for us shop owners, but I can choose to waive it. I value regular customers; if I am too petty, who will come here to send clothes for washing?" (Reporter/Cheng Xi Intern/Zhou Huanhuan Liao Shuwen)