ACT Refund Leimo Product under Warranty (InnovaDerma)

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Thuy Vu

Active Member
18 June 2014
6
1
31
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?
 

Thuy Vu

Active Member
18 June 2014
6
1
31
Hello, I bough the product with Leimo - the company sell growth hair product and they have a guarantee 12 months money back if my hair is not growth. After 12 months I lose more hair and my hair was not improve at all. So I asked for refund. Leimo company called me and said some other company take over their company, they they only allow to refund 60% of the total, it's not right. And I waiting for 6 months from the day I lodge in my claim, until now I can't get anything back. Can you please give me an advice.
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
 

John R

Well-Known Member
14 April 2014
689
174
2,394
Sydney
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 [email protected].
  • 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 ([email protected]).
  • The contact information listed for leimo.com is Brad NORMAN (PO Box 344, Woombye, Queensland 4559, [email protected], 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:
 
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Thuy Vu

Active Member
18 June 2014
6
1
31
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.

Hi [Name Redacted],

I am almost certain, Eva, your designated customer service representative, discussed to you exactly why we are not in any position liable for your refund as we are a different company now — Innovaderma, acquired Leimo/Leimo International Australia just about the end of the quarter last year. That simply means, we do not have your money, nor we can’t return it to begin with.

But nevertheless, Innovaderma placed a policy to bargain whatever liability, including previous MBG (money back) claims from previous customers, that Leimo International Australia had previously. Thus, the 60% money back was offered to you.

I know you are frustrated about this, and we are too as we have to shell out directly from our pockets, and reimburse you for something we didn’t have in the first place. However, we appreciate all the patience you put up and rest assured I will personally raise this to management and get back to you soon.

Thank you.

Kind regards,

------

From: [redacted email]
Sent: Thursday, June 19, 2014 12:54 PM
To: Arman Alburo
Subject: Re: MONEY BACK GUARANTEE CLAIM

Hello,

I hope your company have an answer to me. Either you refund to me as your advertising: ""If you are not satisfied with your results after 12 months of use, we will reimburse your purchase price of the component in the Leimo Personal Hair Laser Kit less the RRP (recommended retail price) for the cost of the hair care products in the starter kit."

I have right to get my full refund, not 60% of the total.

Or I will take the action to the court and get my right under the Australian consumer law. As you know your company already fall to the same matter before " Leimo Australia ordered to refund $3659 after client Mark Deng complains of product failure." http://m.couriermail.com.au/news/qu...-product-failure/story-e6freoof-1226606978002

And my case is totally the same with the case of Mark Deng. If I going to court, they will apply the case of Mark Deng to me. So either I get my full refund or I will take this matter further.

I hope I can hear from you soon.

[Name Redacted]

--------
On 19 Jun 2014, at 9:13 am, "Arman Alburo" <[email protected]> wrote:

Hi [Name Redacted],

Good day. Thank you for bringing this to our attention.

I will personally look into this and see what we can do to address your concern. It’s just been busy lately here with all the changes going on.

Please bear with us and I will get back to you regarding this matter.

Thank you,
---
From: [email redacted]
Sent: Wednesday, June 18, 2014 5:49 PM
To: [email protected]
Subject: RE: MONEY BACK GUARANTEE CLAIM

Hi,
From the day I lodge in for refund until now, it's 6 months and I still can't get my refund back.
If your company keep going like that, I may have to take it to the court. From whatever you promise for 12 months money back guarantee, it mean you have responsibility to the customer as what you promise to the website. I don't care who take over the company but your business still keep operating as the same. I asked some advice from lawyer, they said I can take this problem going to court under the Australian consumer law.

So I just asking once again when I can get my refund. Just give me an answer when ? Otherwise I will take it further.

Date: Wed, 14 May 2014 12:36:23 +0800
From: [email protected]
To: [email redacted]
Subject: RE: MONEY BACK GUARANTEE CLAIM

Hi [Name Redacted],

Good day!
I have not received any update to date.

Your claim has already been validated and we were just waiting for the advise on the date as to when the refund would be released.

I will advise you the moment I will receive the feedback.

Regards,
-----
From: [email redacted]
Sent: Monday, May 12, 2014 9:36 PM
To: [email protected]
Subject: ***SPAM*** RE: MONEY BACK GUARANTEE CLAIM

Hi,
I just wonder how long I have to wait to get my refund?
I already talk to your company about refund my money,
But until now I don't receive anything.
Can you please get my refund as soon as possible

Date: Fri, 7 Feb 2014 09:03:58 +0800
From: [email protected]
To: [email redacted]
Subject: RE: MONEY BACK GUARANTEE CLAIM

Hello [Name Redacted],

Your Leimo Personal Hair Laser, base and power supply was received on 31 December 2013. Refund process takes at least 3-4 months once laser is received.

I will let you know once I have an update regarding the status of your claim.

Feel free to contact us anytime should you have questions or concerns.

--------

From: [email redacted]
Sent: Friday, February 07, 2014 12:33 AM
To: [email protected]
Subject: RE: MONEY BACK GUARANTEE CLAIM

Hi there,
I send the laser device back with a RAN number. The laser device is still working as normal by the time I send it back to you. But now after 1 months from the day I send the device back. I still don't get my money back. What's happens?
I'm on my holiday at the moment. Feel free to contact me through my email,

Cheers,
[Name Redacted]

Date: Mon, 23 Dec 2013 09:43:11 +0800
From: [email protected]
To: [email redacted]
Subject: RE: MONEY BACK GUARANTEE CLAIM

Hi [Name Redacted],

How are you?

I tried to call you but only reached your voice mail.

Anyway, kindly post the laser, base and power supply to PO Box 249 Kallangur QLD 4503 while quoting your Return Authority Number (RAN) [RAN Redacted] on a piece of paper. Please send it via registered post so shipment can easily be traced. Post mark should be within 14 days of the return notice.

Once received, it will then be forwarded to the Repair Team for inspection.

If you have questions or concerns, do not hesitate to reply to this email or call 1800 186 686.

---------

From: [email redacted]
Sent: Sunday, December 22, 2013 10:53 PM
To: [email protected]
Subject: RE: Invoice from Leimo Australia

Hi there,
I was waiting for a while but still not hear anything back from you.
You said you already report to your head office. So I just wonder when I can send a laser device back to you and to which address.
My 1 year will be due by 8 Jan, I hope I can hear from your company soon

Date: Mon, 9 Dec 2013 17:14:36 +0800
From:[email protected]
To: [email redacted]
Subject: RE: Invoice from Leimo Australia

Hi Lily,

It is unfortunate to hear that you have not seen noticeable results yet. As mentioned before, this is something that requires patience. As a Customer Care Specialist, I speak with roughly 60 to 70 customers a day. To be honest with you, the rate of improvement with this treatment varies from one person to another. There are some who reports good results after using the treatment for 6 to 9 months and there are some who takes over a year.

We are, however, confident that the minimum thing to expect from the program is to keep the hair that one has and prevent it from further losing. If you have been following the routine for almost a year now, there is a great chance that your follicles are just starting to get rejuvenated hence no visible re-growth yet. If the follicles have been dormant for a long time, it also takes time to be rejuvenated; it cannot produce normal hair yet.

Now, with regards to your intent to claim against the Money Back Guarantee; I will be forwarding it together with your record to the Head Office for assessment.

We will be contacting you for any further updates. You may email us back or call1800 186 686 for any other concerns or questions.

-------- Original Message --------
Subject:
RE: Invoice from Leimo Australia

Date:
Mon, 9 Dec 2013 15:32:17 +1100

From:
[email redacted]

To:
Accounts<[email protected]>

Hello,
After 11 months using leimo, but my hair is not growth.
So I would like to return the Leimo laser device.
What is the address for me to send back the leimo laser device and get my money back.
I would like to send the leimo device before 8 Jan.

Best Regards,
[Name Redacted]

> From: [email protected]
> To: [email redacted]
> Subject: Invoice from Leimo Australia
> Date: Wed, 28 Aug 2013 11:46:34 +0800

> Dear Customer :
>
> Hello,
>
> Attached is your Sales Invoice.
> Please call us or reply to this email should you have any questions.
> Thank You.
 
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John R

Well-Known Member
14 April 2014
689
174
2,394
Sydney
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 [email protected] and [email protected].

All the best. Please keep us updated.
 
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Thuy Vu

Active Member
18 June 2014
6
1
31
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
 

John R

Well-Known Member
14 April 2014
689
174
2,394
Sydney
Hi Thuy,
From Mark Deng's QCAT decision as reported in the Courier Mail:
Leimo argued that it should not have to pay the refund because Mr Deng did not comply with the seven conditions of the money back guarantee.
But Ms Stilgoe found the contract terms were void and although Mr Deng had used the shampoo and conditioner they were part of a package that did not comply with the warranty and he should get the full refund.
 

Thuy Vu

Active Member
18 June 2014
6
1
31
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.
 

John R

Well-Known Member
14 April 2014
689
174
2,394
Sydney
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.