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ACT Refund Leimo Product under Warranty (InnovaDerma)

Discussion in 'Australian Consumer Law Forum' started by Thuy Vu, 18 June 2014.

  1. Thuy Vu

    Thuy Vu Active Member

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    Hello, I bought this product with Leimo ( InnovaDerma) - the company sell growth hair product and they have a guarantee 12 months money back if my hair has not grown. After 12 months, I lose more hair and my hair has not improve at all. So I asked for a refund. Leimo company called me and said some other company had taken over their company. They are only allow to refund 60% of the total, it's not right. And I've been waiting for 6 months from the day I lodged in my claim. Until now I can't get anything back. Can you please give me an advice under Australian Consumer Law?
     
  2. John R

    John R Well-Known Member

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  3. Thuy Vu

    Thuy Vu Active Member

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    I bought the Leimo product on 8/1/2013. And I was asked to refund in Dec/ 2013 because it's not working on me. The sellers said it may take more than 12 months to see a result. But I said no, because I'm not trust them. And the seller said I could refund the hair laser device before 8/1/2014 and they can process the payment to me.
    In Feb/2014 I asked them to get a refund they said it may took more than 3 months to process. In April Leimo company called me up said they only can pay to me 60% of the total value of the packed I buy. I said it's not right. Leimo company said nothing they can do. And until now I still don't get my refund.
    I live in ACT
     
  4. John R

    John R Well-Known Member

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    Hi Thuy,
    As a first step, you should consider writing to Leimo (and InnovaDerma, the apparent new owner of Leimo) to reply and complain about Leimo's failure to provide their express warranty. I assume this is "thicker, fuller and healthier hair within 12 months or money back refund".

    Your letter/email should set out:
    1. the factual summary of the events to date (similar to what you have written above but with clear headings, checked for spelling, etc.);
    2. a request for Leimo to provide their money back refund warranty to you within a reasonable timeframe (e.g. 2 weeks) because, under Australian Consumer Law, you are enforcing your right to the warranty promise made by Leimo; and
    3. you may also want to reference the Queensland Civil and Administrative Tribunal (QCAT) case featured by the Courier Mail in my earlier post.
    You may also want to review the ACCC’s website on Consumer Guarantees and Warranties.
    The Queensland Office of Fair Trading's "Resolving a Complaint" page has sample letters and further information that may assist.
    If you do not receive a satisfactory resolution to your complaint from Leimo or InnovaDerma within a reasonable timeframe, you can submit your complaint to the ACT Office of Regulatory Services (ORS) for investigation.

    Hope this helps. Please keep us updated with your progress.

    Further Information about Leimo International - Australia Pty Ltd (Leimo) and InnovaDerma Aus & NZ Pty Ltd (InnovaDerma)
    Based on a Leimo's Contact page:
    • Leimo's listed email address on their website is info@leimo.com.au.
    • Leimo's listed phone number on their website is 1800 280 250 or 03 9111 0071.
    Based on a WHOIS search for the leimo.com.au and leimo.com domain names:
    • leimo.com.au is registered to Leimo International - Australia Pty Ltd (ABN 55 154 205 366).
    • leimo.com is registered to Brad NORMAN.
    • The contact information listed for leimo.com.au is Brad NORMAN (exec@leimo.com).
    • The contact information listed for leimo.com is Brad NORMAN (PO Box 344, Woombye, Queensland 4559, brad@leimo.com.au, 0401 222 927).
    Based on public information available from the Australian Securities and Investments Commission (ASIC) for Leimo:
    • Leimo International - Australia Pty Ltd (ACN 154 205 366, ABN 55 154 205 366) was registered on 10 November 2011 and is a wholly owned subsiduary of a Hong Kong company, Leimo International Group Limited (HKCN 164 611 750).
    • Leimo International Group Limited's listed address is Room 602 Taurus Building 21a B, Granville Road Tsim Sha Tsui, Hong Kong.
    • Leimo International - Australia Pty Ltd appears to use their accountant's office and contact information (Williams Hall Chadwick Chartered Accountants, Level 19, 144 Edward Street, Brisbane, Queensland 4000) as their registered office and principal place of business.
    • The sole company director of Leimo International - Australia Pty Ltd is Bradley Paul NORMAN (DOB: 24/04/1964, POB: Brisbane) of 9 Marlay Court, Kallangur, Queensland 4503.
    Based on public information available from the Australian Securities and Investments Commission (ASIC) for InnovaDerma:
    • InnovaDerma Aus & NZ Pty Ltd (ACN 165 472 015, ABN 47 165 472 015) was registered on 26 August 2013.
    • InnovaDerma Aus & NZ Pty Ltd appears to use virtual office provider (The Cluster at Level 10, 50 Market Street, Melbourne, Victoria 3000) as their registered office and principal place of business.
    • The sole company director and shareholder of InnovaDerma Aus & NZ Pty Ltd is Haris Altaf CHAUDHRY (DOB: [Redacted by Moderator following request from Mr Haris Chaudhry on 22 June 2014], POB: [Redacted by Moderator]) of [Redacted by Moderator].
    LinkedIn profile information:
     
    #4 John R, 20 June 2014
    Last edited by a moderator: 22 June 2014
    DennisD likes this.
  5. Thuy Vu

    Thuy Vu Active Member

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    Yes, I write a letter to them and that's what they reply to me. They said new company only accept to pay 60% of the total value.

     
    #5 Thuy Vu, 20 June 2014
    Last edited by a moderator: 20 June 2014
  6. John R

    John R Well-Known Member

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    Hi Thuy,
    You may want to consider sending a further email/letter that includes:
    1. You disagree with their current position on refunds because their company's sole director and shareholder, Haris CHAUDHRY's apparent LinkedIn profile notes that the corporate transaction was a merger - not an acquisition;
    2. Even if the corporate transaction was an acquisition, then it is reasonable to assume that InnovaDerma Aus & NZ Pty Ltd acquired both the assets and liabilities of the Leimo International - Australia Pty Ltd business (and should have reasonably made a provision for liabilities, including refund) as part of the acquisition;
    3. Based on WHOIS information, Leimo International - Australia Pty Ltd is still the registered owner of the leimo.com.au domain name; and
    4. You insist on a full refund and will not accept their current position to "bargain" a refund amount.
    You may also want to CC Brad NORMAN, the sole director of Leimo International - Australia Pty Ltd, via exec@leimo.com and brad@leimo.com.au.

    All the best. Please keep us updated.
     
    DennisD likes this.
  7. Thuy Vu

    Thuy Vu Active Member

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    Thanks so much for your advice. Leimo company told me they only can refund 60% of the hair laser device. They won't refund the package of hair products such as: shampoo, condition, day and night serum... Because they said I used this products so won't refund this money to me.
    They only refund 60% of the hair laser device which I already return to them.

    Is that right? Can you give me an advice please. Thanks
     
  8. John R

    John R Well-Known Member

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    Hi Thuy,
    From Mark Deng's QCAT decision as reported in the Courier Mail:
     
  9. Thuy Vu

    Thuy Vu Active Member

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    If I want to send a complaint to ACT court or whatever to asked for money back. Where should I put in complaint form for investigation ? Because Leimo won't refund the shampoo and conditions to me. It's for sure.
     
  10. John R

    John R Well-Known Member

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    You can submit your complaint about Leimo to the ACT Office of Regulatory Services (ORS) for investigation.
    Their contact telephone is (02) 6207 3000 (press option 8) and they are available from 9:00am - 4:30pm Monday – Friday.
     

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