Every time, going to beauty shop or a hairdressing salon, we expect magic changes in appearance. Who does not want to become more attractive, to emphasize all the natural advantages and to hide shortcomings. But it is frequent, having looked at itself in a mirror after work of the master, suddenly you understand that miracles happen only in the fairy tale.
how to assert the rights and to fight against low-quality services, are told by lawyers of the Moscow society of protection of consumers Anton Nedzvetsky and Lyudmila Trifonova.
the Situation 1
In a hairdressing salon I was tonsured so that I hesitate to go outside now. Should I have paid for such “hairstyle“?“
Comment : In the law it is said that when rendering services of inadequate quality the consumer has the right to dissolve the contract and to demand a full recovery of losses. Therefore if the shortcomings allowed by the hairdresser in work are not removable (it is impossible to put back cut off hair!) the consumer has the right to refuse fee. If the client asked to make by it one hairstyle, and the master made absolutely another, so it is a lack of work of the hairdresser. Therefore in such situation you can write addressed to the director of a hairdressing salon the application that service with essential shortcomings was rendered to you and to change a hairstyle to that which is necessary to you there is no opportunity therefore you refuse to pay service of inadequate quality. Moreover, you can even demand compensation of moral harm.
the Situation 2
“Came into a hairdressing salon - to refresh a hairdress, to tint hair. As a result lost there in the afternoon - long conjured with my head, smeared with something, dried, put some structures. Upon termination of showed me such account that at me darkened in eyes, and explained that I have exhausted hair, to me treated them expensive masks and in general transferred a heap of materials to me... But I was not warned about anything and not asked whether I want all this!“
Comment : Your rights of the consumer were violated by the fact that imposed you additional services which you did not order. In the law it is written that the performer has no right to render to the consumer of service which were not provided by the contract. If services were imposed to the client in spite of himself, without his consent, he has the right to refuse their payment. Have to make out you a bill, having listed the services rendered to you and having specified the cost of everyone, and you will have to sign it. But if imposed you these services besides your desire, then you can refuse to sign the account and to pay. You can be threatened with the fact that will cause militia, but you be not afraid because the militia has no right to interfere in grazhdansko - legal relations. Write the application addressed to the director with refusal of payment of the services which are not ordered by you. If them consider that they are right, let file a lawsuit against you: legally you will be absolutely right.the Situation 3
“Decided to make by
a chemical wave, and in a hairdressing salon to me burned hair... Still I was guilty - “specific features of your hair are that“ and “it was necessary most to watch“. Who is right?“
Comment : Here at once two gross violations of the rights of consumers. In - the first, under the law the performer is obliged to provide to the consumer full information on the rendered service, that is the hairdresser had to warn you about that, what is the time will occupy this or that process, to consult about features of your hair. And, in - the second, masters are obliged to know whether the client with problem hair can do a chemical wave. Naturally, it is not necessary to pay for such “chemistry“, it is possible to demand compensation of moral damage still.
the Situation 4
“In a hairdressing salon the master, doing me a new hair, promised that now I should not do laying - washed hair, and they “will lay down as it is necessary“. As a result I now every day on a polch And before work stack “beauty“, otherwise on the head there will be a broom. Whether hairdressers bear responsibility for the promises or not?“
Comment : Provided you unreliable information about the rendered service. If you come to a hairdressing salon and the master promises you to make a hairdress with which further it will not be necessary to potter, and you choose it on the basis of this argument, and in practice it turns out that it not so, that is information on a hairdress was doubtful, then you have the right to demand return of the money.the Situation 5
“Not the first time I hear
from acquaintances that after nail extension such problems with the native nails begin that it is necessary them then long (and it is rather expensive!) to treat. Interestingly, beauty shops bear responsibility for the damage caused to health? Whether it is possible to receive the money spent for expensive treatment of consequences of their “beauty“?
Under the law the performer bears full responsibility to the consumer for shortcomings of the rendered services, for the harm done to the consumer as a result of shortcomings of services including harm of life, to health, property. Therefore, the performer in this situation has to pay treatment, expenses on drugs - generally, here can enter a lot of things including sanatorno - resort treatment. At least, the cost of treatment and drugs is subject to compensation. Therefore surely keep all medical papers, all financial documents, checks for drugs and so on.But here needs to prove
that the illness is a consequence of shortcomings of the rendered services, but not an illness caused by other reasons. Therefore it is necessary to receive medical certificate - or in an independent commission of experts, or at least at the attending physician. Ask in department of health care of your city a question of where it is possible to make medical examination. After you on hands have a health certificate that the beauty shop is guilty of your problems, it is necessary to come there and to write the claim supported by the medical documents. If the salon refuses to pay voluntarily your treatment, file a lawsuit.the Situation 6
a lot of money in beauty shop for procedures for improvement and clarification of skin - masks, peelings... And, though of salon I am convinced that my skin became better, I - that see that heat-spots climb still, with the same intensity. May I return money?“
If you were initially warned that the effect is not guaranteed, then and claims cannot be. But, as a rule, it is not told, on the contrary, convince that there will be a positive result. And if there was such guarantee, then you can demand to dissolve the contract and to compensate money.
the Situation 7
“In one known beauty shop me it is real “got in on a bubble scheme“. At first intimidated, having told that if I do not begin to treat the skin (and at them), then soon in general to an oblez, then told that only they have cream which will help me, then appointed a heap of expensive procedures... I recovered already at home, examining the tube bought from them and the directions on “medical“ procedures. Interests me whether beauty shops have the right to sell the production, also without designations (structure, the manufacturer, an expiration date)?“
In general, the beauty shop can be engaged in trade, but sell, naturally, only the certified production, but not production of some underground production. This jurisdictional business. If they sell a medicine of medical appointment, then make the worst violation of the law as they have to have permission of the Ministry of Health, the certificate (medicines are on sale only in drugstores). Cosmetics can be on sale in salons, but production has to have a certificate, necessary data - at least structure, the manufacturer and an expiration date, compliance to state standard specification and so on. Write the complaint to trade inspection.
the Situation 8
“Came to the dermatologist to the cosmetic center with a problem - hair drop out. Paid money for reception, hoped that I will manage one visit - I will be examined and will make recommendations. The doctor did not even begin to examine me: at first make in such - that (concrete paid) clinic analyses on HIV and hepatitis, differently I have no right to work with you. What relation of HIV has to my hair! As a result money for reception is spent in vain, besides to me suggests to spend for analyses, and then to come and once again to pay... “
From the legal point of view if medical requirements do not oblige to pass analyses at these indications, then the requirement about above-mentioned analyses can be considered as imposing of services. Besides service which you paid was not rendered to you, you were not even examined by the doctor. Safely demand a refund for reception.