Complaints procedure for hairdressers
There is no known warranty period for the hairstyle, within which you can claim for defects. The hairdresser is only responsible for the result at the time of completion of the work. Report hidden defects that are undoubtedly the result of a breach of the hairdresser’s duty to perform the contract properly as soon as they become apparent.
Brief overview of the case:
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WHAT |
service complaints (hairdressing services) |
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CONCRETE |
asymmetrical haircut, uneven distribution of colour, insufficient attachment of hair during lengthening or thickening and hair loss, damage to hair e.g. by burning |
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WHEN NOT |
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WHEN |
immediately (preferably before payment for the service) or as soon as possible after discovering |
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WHERE |
the hairdresser with whom the hairdressing services were arranged |
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WHO |
customer |
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HOW TO SOLVE |
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LAWS |
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In the case of hairdressing services, a complaint can be filed because it is a contract for work, even if the customer does not sign anything. The hairdresser must adjust the hair according to the customer’s request, the customer is obliged to pay for the result of the work.
If the customer notices already during the visit that the hairdresser does not proceed according to his initial agreement, or if it looks like the result will not correspond to his specifications, he can use the legal right to withdraw from the contract. However, he would have to pay for work that has already been done (e.g. hair washing, blow-drying). Before paying, he should check carefully that the result is what he wanted. If, before payment, he found that the result differed from what he had agreed with the hairdresser, he could demand such adjustments and additions to ensure that the hairdresser fulfilled the contract.
After the hairdresser had kept her end of the bargain, she would be entitled to remuneration, i.e. payment for hairdressing services.
If the customer does not discover the defects until the next day, there is a minor problem. The contract is only verbal and it is difficult to prove its content later on and the subsequent contradiction of the result with what the customer agreed with the hairdresser.
The hairstyle is not covered by the traditional warranty period, within which defects can be claimed. The hairdresser is responsible for the result when the work is completed. The customer must therefore claim for hairdressing services as soon as possible.
If the complaint is justified (here the proof of the defect is crucial) the hairdresser should offer the customer a free repair or a discount on the price. If the hairdresser insists that the service is fine and sees no reason to repair or refund anything and refuses to accept a cancellation, as with any other consumer problem, the customer as a consumer could turn to out-of-court consumer dispute resolution or the courts. However, it should be borne in mind that proving the facts and fault in these cases is very complicated and lies with the claimant.
Consumer organisations defend the legitimate interests of consumers in the internal market. When a consumer has a dispute with a business, consumer organisations provide information on consumer rights and advice on how to deal with the dispute. There is a network of advice centres in the Czech Republic to which consumers can turn. These include the consumer organisation dTest, the Association of Czech Consumers, the Association of Consumer Defence – Association, the Association of Consumer Defence of Moravia and Silesia, GLE, ICOS Český Krumlov. Consumers can also find out a lot of important information and advice from their websites.
Overview of selected consumer advice centres by region:
https://www.mpo.cz/cz/ochrana-spotrebitele/informace-pro-spotrebitele/prehled-spotrebitelskych-poraden-podle-kraju–152488/
Out-of-court resolution of consumer disputes. Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as the “Consumer Protection Act”) establishes a system of out-of-court resolution of consumer disputes (also ADR – Alternative Dispute Resolution). This is a method of resolving disputes without the involvement of the courts. The resolution of a consumer dispute is carried out through an ADR entity depending on the sector to which the dispute relates.
According to the Consumer Protection Act, a natural person who is not acting in the course of his or her business activity or in the course of the independent exercise of his or her profession has the right to an out-of-court settlement of a consumer dispute arising from a purchase contract or a contract for the provision of services. The aim is primarily to reach an amicable settlement of the dispute and an agreement between the parties on the basis of mutual communication.
The consumer may file a dispute resolution application with the ADR entity, as a rule, within 1 year at the latest from the moment when he first filed his claim with the entrepreneur (when he first notified the entrepreneur that a problem had arisen). The further procedure depends on the rules of each ADR entity.
Advantages of out-of-court dispute resolution:
- financially easy compared to court proceedings – the parties pay only their own costs incurred in the course of ADR, e.g. copying, costs of an expert, legal counsel
- time saving – the proceedings must be completed within 90 days of the commencement of the dispute, in complex cases the time limit may be extended once for a further 90 days
- simplicity – filing a dispute resolution proposal is not complicated, the model forms of the individual ADR entities can be used
- disputes may be resolved regardless of the value of the dispute
- it is not necessary to be represented by a lawyer
- the consumer may terminate participation in ADR at any time
- the initiation of an out-of-court settlement does not affect the right of the parties to the dispute to seek protection of their rights and legitimate interests through the courts
Courts – if a consumer is unable to resolve a dispute with the seller directly or through an out-of-court consumer dispute resolution system, he or she may seek to enforce his or her rights in court. Courts hear and decide cases arising from civil, labour, family or commercial relations. In the case of consumer disputes, these are generally relationships governed by the Civil Code.
The dispute can only be decided by a court that has subject matter and local jurisdiction. As a general rule, the court of the person against whom the action is brought shall have jurisdiction.
A list of courts, including other related information, can be found at www.justice.cz.
There are always costs associated with court proceedings. Therefore, the value of the dispute and the costs, time and energy that the consumer will have to devote to it must be considered before bringing an action. In this respect, it is advisable to seek advice from a consumer organisation or a lawyer.
THE BURDEN OF PROOF AND THE BURDEN OF PROOF IS ALWAYS ON THE CLAIMANT.
The organisation draws attention to, that even in the absence of signatures, the client enters into a contract for work with the barber. Under the contract, the salon worker is responsible for the haircut immediately after the work is completed, should follow the client’s requirements and the whole procedure must not be painful.
If the client does not want to hide his head under his jacket on the way out of the salon, he must clearly explain what hairstyle he wants. He should therefore avoid the “as always” formulation.
The hairdresser must generally follow the wishes of the customer, at most he can warn the customer of the consequences of the instruction, especially its unsuitability, for example with regard to the type of hair (it is important to have this proven, warning of unsuitability, shade of colour, etc.).
Before paying, the client should then carefully check their hairstyle to make sure it matches the shape and shade of the hairstyle. If the client is not satisfied, he/she has the right to request additional hair styling to ensure that the final hairstyle looks as agreed.
If the client discovers the defect at home, he/she can complain about the procedure. “At this point, it is no longer possible to argue that the cut or shade that the client has seen and approved by payment does not match the original order.”
Related
Hidden deficiencies, which are undoubtedly the result of a breach of the hairdresser’s duty to perform the contract properly, must be reported as soon as they become apparent. “It depends on the nature of the defect, but the primary claim is for free repair. If the defect cannot be rectified, you can claim a discount on the price.”
If the client is injured during the visit or if there is damage to clothing, the client is entitled to financial compensation. “In order to quantify the actual damage, it is necessary to properly document everything and, if necessary, contact a doctor or expert witness, whose report may be used as a basis for the court in the subsequent dispute.