How it is correct to use household services?
All of us constantly face consumer services - using services of laundries, dry-cleaners, shoe repair shops, hours, TVs, i.e. the enterprises which appointment - to help us to equip life.
Along with the Act of the Russian Federation “ About consumer protection “ the relations in the sphere of rendering household services to the population are governed by Rules of consumer services of the population which action extends to activity practically of all legal entities and citizens - the businessmen occupied with service of the population.
Household services are activities for ensuring daily needs of citizens. Term “ consumer services “ usually apply to services without which in principle it is possible to do. For example, the clothes can be sewed independently or to buy in shop, to wash clothes - in own washing machine, to heel most, without the assistance of the expert, etc.
A main objective of public service enterprises - to exempt consumers from part of household chores, to help them to resolve the problems which are beyond own opportunities. These enterprises sell not goods, and services, or perform works. The basis for performance of work, rendering services is the contract.
Subject of the contract in each case depends on what range of services the public service enterprise is ready to provide. For example, in a laundry it is possible just to wash clothes, and it is possible to sign the contract not only for washing and an ironing of linen, but also for its delivery home, on small repair.
You should sew, for example, a suit, to set a film into print or to repair shoes. How to choose studio, a workshop?
In - the first, it is necessary to get acquainted with production of several enterprises - usually samples are presented in the hall: these are heels with heel-taps in a shoe workshop; outer garments, raincoats or fur coats - studio; photos - a photographer`s studio. If what was seen was pleasant, then it is possible to sign the contract with the enterprise.
In - the second, it is quite good to learn who made the thing which was pleasant to you, and to agree that will execute the order this master. Often the skill level of workers can differ very much. It to a lesser extent belongs to expensive salons or fashion houses, but also nonprofessionals meet there. Not always high cost serves as a quality indicator.
So, a choice is made. You do the order and by that you sign the contract for rendering household service to you. The contract can be written (in a dry-cleaner, studio, a shoe workshop) or oral if work is performed at the time of the conclusion of the contract (for example, in a hairdressing salon).
The receipt or the contract is filled in surely in duplicate. One remains at the enterprise, another is surely given to the consumer. If instead of the receipt you are given, for example, a paper scrap with number of the order, you have to understand that, accepting it, you lose an opportunity in the subsequent something to prove to the performer.
The public service enterprise has to execute service qualitatively and in time, specified in the contract. However keep in mind that the contract which you are going to sign can be postponed for some time: many public service enterprises are connected with plants - suppliers of raw materials. Booking is also caused by availability of material with which masters will work further.
The performer bears responsibility for safety of the thing transferred to him and its quality. If the performer cannot perform work, without having put to a thing or material of damage, he has to warn about it the customer and make the corresponding mark in the contract. If the performer at the conclusion of the contract did not warn the consumer that his instructions can be the cause of low-quality execution of the order, then the performer will be responsible for loss and damage of a thing.
The thing which is handed over to the performer has to be as much as possible fully described in the receipt. If such detailed record is not, then it is quite possible to receive instead of almost new thing others or old. To prove that it is not your thing, it will be very difficult.
Be not frightened if in the contract offered you it is told “ the workshop does not bear responsibility for loss of a thing “. It contradicts the law, so, the workshop will answer all the same according to requirements of the legislation. You remember, however, that than in more detail the contract is made, the thing given by you to the performer is described better, the it will be easier for you to assert the rights.
The performer is responsible for quality of the performed work during certain time after its performance. The workshop is obliged to establish a warranty period for the work. And if suddenly during this term something occurred, you can demand:
- the corresponding reduction of the price for the performed work (the rendered service);
- compensations of the incurred expenses on elimination of shortcomings of the performed work (the rendered service) by own efforts or the third parties;
- cancellation of the contract on work performance (rendering service) and indemnification.
If the performer did not sustain the time frame of performance of work specified in the contract or if in the course of work (rendering service) it became clear that its performance will not be carried out in time, the consumer can at the choice:
- to appoint to the performer the new term of performance of work (rendering service) and to demand reduction of the price for work (service);
- to perform work most or to order it to someone else and to demand from the performer of compensation of the incurred expenses;
- to demand reduction of the price;
- to dissolve the contract.
The consumer also has the right for a full recovery of both material damage, and moral harm which it suffered in connection with work non-performance in time.
In case you found out that work is performed poor, then you can demand:
- gratuitous elimination of shortcomings;
- reduction of the price of service;
- gratuitous production of other thing from similar material of the same quality or repeated performance of work;
- to correct shortcomings independently or by means of the third parties and to demand from the performer of reimbursement.
If you demanded to eliminate defects, and it was not made, then you have the right to dissolve the contract, i.e. to demand that returned you money.
If the performer lost or spoiled your thing, he has to provide you a similar thing or pay its double cost, and also compensate your expenses.
The situation can develop so that your plans will change and the made order will lose the relevance. In that case the consumer has the right to dissolve the contract irrespective of the fact which the amount of works was already made by the performer. However the customer at the same time is obliged to pay to the performer already executed amount of works and to pay to it the straight losses caused by cancellation of the contract.