Shakura Pigmentation Beauty

My experience with Shakura Pigmentation Beauty. 

London Weight Management Sdn Bhd, New York Skin Sdn Bhd, Yun Nam Hair Care Sdn Bhd, Dorra Slimming Sdn Bhd and Shakura Pigmentation Beauty Sdn Bhd seem to be under the same company that is AMES United according to this website: http://www.jobstreet.com.my/jobs/2013/5/new/a/10/1954937.htm?fr=R 

I cannot verify the above though Elaine, a consultant at Shakura informed me that Dorra and Shakura were sister companies- however what seems to be the official AMES website does not list Shakura as amongst their companies. http://www.amesunited.com/singapore-ourbrands-page.aspx#newyork

I've been to two of the above companies, which employed similar tactics in getting customers to sign up or purchase a package and spoke to a friend who said she signed up as she felt as if she was 'under a spell', that is to place you in a small room with a consultant:

• who will play up your insecurities, 
• show you multiple photos of satisfied customers, 
• explain the process to you in a painfully lengthy manner, 
• demand to know why you are unwilling to sign up, 
• slash the prices to something that seems rather affordable, 
• proceed to insist you pay right then and there, 
• if you give them the excuse of not having a credit card, will proceed to harass you into handing over your ATM card
• make you feel like you cannot leave unless you buy something
• offer you products which cost will come out of the consultant's personal account or pocket because they are convinced that it will make a difference on you- which effectively makes you feel guilty enough to sign up
• have ridiculously one-sided contract terms in very small print at the bottom of the contract (which is hidden in what seems to be an acknowledgement form)
• if you insist on not wanting to purchase anything, your consultant will call in another consultant. Both of them will proceed to harass you, question your finances and push you to sign up with your credit card (should you say you don't have enough money)

Anyway, I write on this long abandoned blog simply to share this experience- so you can learn from my mistakes- and don't repeat them!

12.12.12

Went to Shakura Pigmentation Beauty Midvalley upon buying a Groupon and making an appointment. Purchased 3 more facial treatments. (more details in letter below)

2.1.2013

Called Shakura and made an appointment for Friday afternoon at 3pm.

4.1.2013

Upon showing up, I was told that my appointment was not scheduled. Elaine attended to me anyhow. (more details in letter below)

5.1.2013

I showed up to change my mode of payment. Only after signing the credit card sheet was I told that my ATM charge of RM560 will be reimbursed to me via a cheque up to 5 weeks later. I was very upset and Informed them that I had lost trust in the company and would like to terminate my contract.

7.1.2013

Called to speak to Ivy- she was on leave. Spoke to Elaine and Customer Care line informing them of my intention to terminate the contract due to a lack of trust.

9.1.2013

Ivy was on leave. Spoke to a ‘Yumi’ and ‘Bonnie’ who promised me that their legal team would contact me the latest by the next day.

11.1.2013

No news from legal so I posted this letter to them:

*my name and address*

Branch Manager,                                                                                   BY FAX AND A.R. REGISTERED POST

Shakura Pigmentation Beauty,

Mid Valley Boulevard,

Lot 47, Ground Floor,

Mid Valley City, Lingkaran Syed Putra,

47800 Petaling Jaya, Selangor. 

                                                                            

Dear Miss Ivy,                                                                                                                       

Re: Termination of Contract dated 12.12.12

I refer to the contract dated 12.12.12 between Shakura Pigmentation Beauty and myself. The contract is for facial treatment upgrades and 3 facial treatments in consideration for RM560, paid via ATM card. Ms. Elaine, who was the consultant attending to me assured me that after every treatment, there would be a noticeable improvement in my complexion and that after just a few treatments, I would see a significant improvement to my skin. She showed me photos of other people and the improvement in their complexion in her efforts to persuade me to sign up. I asked her about guarantees, and she assured me that there was a money back guarantee, but that I need not fret about that as there would definitely be a clear difference after the treatment. I only agreed to signing the contract after these assurances. Prior to the treatment, I agreed to the upgrades and said I would prefer to leave a deposit. Ms. Elaine agreed to my proposal of leaving a deposit of RM80 and proceeded with my first facial treatment. However, after the treatment, Ms. Elaine insisted that I pay with my ATM card and I was assured and reassured by Ms. Elaine, that my mode of payment could be changed to credit, hassle free. I also requested a copy of the contract, but till today, it has not been provided.

The second facial session I had was on 4.1.13. It was very unsatisfactory.  I called on Wednesday 2.1.13, and made an appointment, but upon showing up that Friday, I was told that my appointment was not scheduled. Elaine attended to me anyhow. No photos were taken before and after, neither were there scans done, unlike the first time I was there. Additionally, the entire treatment took more than 2 and a half hours, where most of my time was spent waiting. This was much longer than the first time, and most of the time I was left alone in the room, waiting. When she was in the room with me, it was as if she was rushed and I felt uneasy; it was not relaxing at all. Upon questioning Ms. Elaine as to why she seemed rushed and my appointment was not scheduled, she said that the receptionist messed up the appointment and would be told off. I also did not see a ‘noticable’ improvement in my skin. Further to this uncomfortable experience, I learnt from Ms. Elaine that a 1.5% charge will be incurred by me if I were to switch the mode of payment from ATM to credit. This was not informed to me earlier, rather Elaine had repeatedly ensured that it was “no problem, can change, we will handle it” which was definitely a misrepresentation.

I showed up the next day to change my mode of payment. Only after signing the credit card sheet was I told that my ATM charge of RM560 will be reimbursed to me via a cheque which would be issued up to 5 weeks later. This was the last straw. Shakura Pigmentation Beauty, via their agent Ms. Elaine, has made too many false representations to me.

I have called your office multiple times in attempts to get in touch with you over the past few days but to no avail. I spoke to a ‘Yumi’ and ‘Bonnie’ who said that they would contact your legal department, but no one has contacted me since although I was told that your Legal Manager would contact me, at the latest, by yesterday.

I have verbally communicated my lost of trust for the company after all the misrepresentations made Shakura Pigmentation Beauty via their agent Ms. Elaine and my wish to terminate the contract via phone calls to the Customer Care line as well as to Ms. Elaine.

I hereby demand from you reimbursement of my payments within seven (7) days of date hereof:

a)              RM 560 paid via my Maybank ATM card on 12.12.12

b)             RM 560 paid via my Maybank credit card on 5.1.13

Kindly take notice that in the event I do not receive payment of all sums due to me within the said seven (7) days, I will commence legal proceedings against you without further notice in which event you shall be additionally liable for interest and costs.

Sincerely,

*my name*

14.1.2013.

Bonnie called me. She said that the cheque for RM560 (to reimburse me for my cash) was ready for me to collect and that the matter was ‘settled’. I told her that this was not the case as this was due to me as I had converted the mode of payment. She repeated again that the matter was settled. I told her I would appreciate if she got me in touch with her legal team instead. 

15.1.2013

Collected the cheque. Tried to pass them the letter below but was refused. Emailed it to  'cscs@shakurabeauty.com.my' and AR posted it instead.

*my name and address* 

Shakura Pigmentation Beauty,                                                                                               BY EMAIL & FAX ONLY

The Curve,

248B, 2nd Floor,

No. 6, Jln PJU 7/3,

Mutiara Damansara,

47800 Petaling Jaya, Selangor.                                                                     

Attn.: Ms Christine (General Manager)

                                                                                               

RE:      PART PAYMENT OF THE FULL AMOUNT OF RM1,120.00 DUE AND OWING

1.                  I refer to the above matter, where the sum of RM 560.00 is still due and owing by Shakura Pigmentation Beauty (“the Company”) to me. To date, part payment in the sum of RM 560.00 (“the Initial Sum”) has been made to me and the balance sum of RM 560.00 (“the Balance Sum”) (from the total sum of RM 1,120.00 (“Total Sum”)) remains due and owing to me. 

2.                  By way of background, I had initially engaged the services of Shakura Pigmentation Beauty, at the Midvalley Boulevard branch. Due to the dissatisfactory services provided, details of which I am sure you would be appraised of by now, I have terminated the engagement. It would suffice for me to describe the level of services provided as unprofessional, with blatant disregard to a customer’s needs. This is diametrically opposed to what I had come to reasonably expect from the Company when I first considered and subsequently engaged the Company’s services.

3.                  In respect of the Initial Sum, on 14 January 2013, one Ms Bonnie from the Company’s Midvalley Boulevard branch contacted me to inform that the cheque for the Initial Sum was ready for collection. I had since collected the cheque for the Initial Sum today at the Company’s Midvalley Boulevard branch. I had also conveyed to your staff at Midvalley Boulevard branch that my acceptance of the Initial Sum is merely as part payment of the Total Sum, and is without prejudice to my claim of the Balance Sum against the Company.   

4.                  Further to the above, I had also demanded payment for the Balance Sum and intended to serve a letter intimating the same to the Company. Present at the time were Ms Elaine, Ms Bonnie and Ms Sheila, where all of them refused to accept my letter on behalf of the Company. At all material times, your staff at the Midvalley Boulevard branch failed, refused and/or neglected in making payment of the Balance Sum to me.

5.                  On the contrary, the staff at the Midvalley Boulevard branch had requested me to contact you and in fact assured me that you would be able to resolve this matter amicably and to make payment of the outstanding sum to me, on behalf of the Company. Whilst the onus ought to have been on their part to resolve this, I have taken the initiative to write to you, as this matter has been prolonged unnecessarily.

6.                  I reiterate what I have made clear in my letter dated 11 January 2013 (which I attach herewith for your convenience), that in the event that I do not receive the Balance Sum on or before 18 January 2013, I intend to pursue all my legal rights against the Company and all the relevant staff of the Company, in which these parties will be further liable for interests and costs. Your failure to respond to my letter on or before 18 January 2013 shall also be deemed to be an admission on your part with regard to the Balance Sum due and owing to me.

7.                  If you intend to instruct solicitors, and if you prefer that I serve the relevant cause papers on your solicitors instead, kindly inform me on or before 18 January 2013.

8.                  I trust this clarifies my position. In the meantime, all of my rights are reserved.

SSinc

 Sincerely,

*my name*

16.1.2013

Called Shakura, the Curve in the morning after unsuccessfully trying to fax the letter of 15.1.2013. Voiceover came on saying that they were closed for the day.

Called Maybank, spoke to a Farouqh of Banking Department- said that Maybank charges for change of mode of payment, is for the merchant to incur.

17-21.1.2013

Called Shakura repeatedly. Was finally asked to meet Christine on 22.1.2013.

22.1.2013

Met Christine who represented herself as a Specialist (although I was told by the consultants and Elaine that she was the 'GM' of the company. She agreed to settle and return the sum of RM560 to me over and above 3 facials which she was offering to me free of charge as "Shakura cares about its customers". I insisted that I was not interested in these treatments as I had no faith in the company. I thanked her for her time and said I'd see her again in March.

29.1.2013

Sent Shakura a letter, just to capture the essence of what is agreed in case they decide to go back on their word.

*name and address*

Shakura Pigmentation Beauty,                                                 BY A.R. POST & FAX ONLY

Mid Valley Boulevard,

Lot 47, Ground Floor,

Mid Valley City, Lingkaran Syed Putra,

47800 Petaling Jaya, Selangor.

Attn.: Ms Christine (General Manager)

                                                                                               

RE:      SETTLEMENT AGREEMENT OF 22 JANUARY 2013

1.      I refer to the above matter and my letters dated 11 January 2013 and 15 January 2013 (“the Letters”).

 2.      This letter confirms my meeting with your agent Ms. Christine, on the evening of 22 January 2013, during which she agreed on behalf of the Company to settle my claim for the sum of RM560.00 (referred to as “the Balance Sum” in my letter of 15 January 2013) from Shakura Pigmentation Beauty (“the Company”) within two months of 22 January 2013, i.e. by 22 March 2013. I agreed to accept that amount in settlement of the claim I have against the Company, details of which are detailed in the Letters.

 3.      During this meeting, Ms. Christine admitted that the consultant who attended to me, Ms. Elaine, did not carry out her tasks professionally nor was the services rendered up to the standards of the Company. I was then offered three complimentary facial sessions and informed that it was part of the Company’s policy to compensate for the dissatisfactory services provided to me and ensure the customers’ needs are met. Ms. Christine also assured me that these sessions would be carried out by herself personally or under her supervision.

 4.      I informed her that I was not inclined to take this offer as I had lost trust in the Company, and did not wish to continue treatment at all.

5.      Thank you for your cooperation in this matter.

 Sincerely,

*my name*

21.3.2013

Called Christine who was at Midvalley just to confirm that they would have the cheque for the RM560.00 ready. She instead asked me to go for facials. I informed her that I was going to come in the next day to collect my cheque. She feigned not knowing anything about any agreement and tried to convince me to go for facials instead. I reminded her of the settlement agreement we entered into on 22.1.2013. She asked me to put this on hold till she spoke to her legal department.

22.3.2013

Called IOI Mall Puchong. Christine was busy. I left my phone number for her to contact me.

25.3.2013

Kelly of their legal team called me and said she will have a look over the letters. Reminded her of the Settlement Agreement I entered into with Christine on 22.1.2013. She said she will respond to me via e-mail.

26.3.2013

Legal (Msia) -Kelly Koh Kia Lin

Tue 26/03/2013 17:48

Dear Ms ****,

We refer to the matter above and the discussion between our Ms Christine and your goodself.

We would like to convey our sincere apologies for any unhappiness, discomfort, inconvenience and/or difficulties that you may have had experience at our outlet.

Thank you for bringing this matter to our attention and we really appreciate all the sincere feedback on our services as it would help us to further improve on our service quality to our customer.

Please be informed that we note of your complaint and Ms Christine have thereafter request from the company to provide you additional 3 sessions of Milk Milk Treatment (in total will be 5 sessions of Milk Milk treatment in your account)

of which will be handled by our specialist to your goodself. In order to settle the dispute amicably, the company have granted Ms Christine’s request and wish your goodself could accept the same.

Last but not least, we sincerely appreciate you as our valued customers and always cherish the opportunity to continue serving you.

Thanks & Regards

Kelly Koh

Legal Department

DID: 03-2080 6957

27.3.2013

Dear Ms. Kelly,

As has been made clear in my letter of 29 January 2013, Ms. Christine had, on 22 January 2013, agreed on behalf of Shakura Pigmentation Beauty (“the Company”) to settle my claim against the Company for the sum of RM560.00 (“the Settlement Sum”) which was to be paid to me within two months of that date, i.e. by 22 March 2013 (“the Settlement Agreement”).

A letter was sent on 13 March 2013 reminding Ms. Christine to ensure that the cheque for the Settlement Sum was ready for my collection on 22 March 2013. No reply was received.

Upon contacting her on 22 March 2013, Ms. Christine merely said that the cheque was not ready and tried to renegotiate the terms of the Settlement Agreement for me to accept treatments from the Company instead of the Settlement Sum. I reiterated what I had stated in my letter of 29 January 2013 that I had no trust in the Company and did not wish to receive any treatments and asked for the Company to honour its contractual obligations. She then asked for me to wait for the Company’s legal department to contact me.

I do not wish to renegotiate the terms of the Settlement Agreement.

In light of this, pending any recovery on my part of the Settlement Sum on or before 29 March 2013, it is with regret that I inform you that I now have no choice but to pursue my legal rights against the Company, including but not limited to filing a winding-up action against the Company and/or a Court action against the Company (and/or its agents) and/or lodging a complaint to the Tribunal for Consumer Claims and/or lodging a police report against your Company for allegedly cheating its customers.

I have instructed solicitors and will be serving the relevant Court papers on the Company and/or its agents on 1 April 2013, unless and until I receive the Settlement Sum before then. Kindly let me know on or before 28 March 2013 if you intend to instruct solicitors and if you prefer that my solicitors serve the relevant cause papers on your solicitors.

To which she replied…

Dear Ms Karthini,

We would be obliged if you could provide a copy of the said settlement agreement for our reference.

Meanwhile, we are searching the letter dated 13.03.2013 at our end.

Thanks & Regards

Kelly

To which I replied…

Dear Ms Kelly,

First, thank you for your prompt reply, which is much appreciated, considering the lackasaidal approach taken by the Company prior to this.

Secondly, I am perplexed in your request for the Settlement Agreement and your inability to get hold of the letter dated 13 March 2013. I consider this as an attempt on your part to delay the matter further and an afterthought in respect of the debt due and owing to me. In any event, I have attached the letters issued by me to the Company which I believe, shall ease you of the hassle of locating the letters (or supposed attempts made thereof).

The sincerity (or lack thereof) of the Company is telling, and I do not wish to dwell further on this. I reiterate my demand for the Settlement Sum to be paid to me on or before 29 March 2013, failing which, I assure you that I shall pursue all my legal rights against the Company until the end of this matter.

There was no reply and so on 2.4.2013, I sent a winding up notice after conducting a company search to determine their address.

BY HAND

N O T I C E PURSUANT TO SECTION 218 (2) (a) OF THE COMPANIES ACT, 1965

To:-

          SHAKURA PIGMENTATION BEAUTY SDN. BHD.

          B-3-9, 3^rd Floor, Block B,

Megan Avenue II,

No.12, Jalan Yap Kwan Seng,

50450 Kuala Lumpur,

Wilayah Persekutuan.

          TAKE NOTICE that we, as solicitors for ****, hereby require you to pay us the sums of RM560.00 being the amounts due and owing by you to our client as at 22 March 2013 pursuant to an admitted debt due and owing pursuant to a Settlement Agreement entered into on 22 January 2013.

TAKE NOTICE that in the event of your failure and/or refusal to make payment of the said sum of RM560.00 within three (3) weeks of the receipt of this Notice or to secure or compound for it to the reasonable satisfaction of our client, you shall be deemed to be unable to pay your debts within the meaning of Section 218 (1) (e) of the Companies Act, 1965 and Winding-Up proceedings shall thereafter be instituted against you.

Dated 2nd April 2013.

*legal firm name*

Solicitors for *my name*

 c.c.   client

I received a prompt reply the next day and received my reimbursement in due course.

Re: Notice of Demand

We refer to the matter above and your letter to us dated 2^nd April 2013.

Please be informed that in order to settle this dispute amicably, our company is agreeable to refund the amount of RM560.00 to your client.

We will prepare the cheque accordingly and forward it to you in due course.

Thank you.

Yours truly,

Kelly Koh

Assistant Legal Manager

So for the rest of you out there, be wary of such tactics. If you do indeed want to try out any of these products, best if you go without a wallet, just to be safe. If a deal is only available for your 'first try' only, its effect is to pressure you into making the purchase there and then. Buyers remorse is a terrible feeling- so best be safe rather than sorry!

If you have already have purchased one of these packages and are looking to rescind, have a look at the provision below:

  

Section 17 of the Consumer Protection Act Future services contract

(1) For the purposes of this section, "future services contract" means a contract for consumer services that will be provided on a continuing basis and as prescribed by the Minister from time to time. (2) A consumer who cancels a future services contract may be charged by the supplier the following amount: (a) five percent of the full contract price;  (b) the cost of any goods the consumer used or is keeping; or (c) the portion of the full contract price representing services received by the consumer. (3) Where the consumer has paid the supplier more money than the supplier is entitled to charge under paragraph (2)(a), (b) or (c), the supplier shall refund the extra payment or make a refund available, within fourteen days of cancellation. (4) A cancellation of a future services contract shall take effect - (a) at the time at which the cancellation is communicated to the supplier; or (b) where it is not reasonably practicable to communicate with the supplier, at the time at which the consumer indicates to the supplier, by means which are reasonable in the circumstances, his intention to cancel the future services contract. (5) Subject to subsection (6), a cancellation of the future services contract may be communicated by words or conduct or both which indicate the intention of the consumer to cancel the contract, and it shall not be necessary to use any particular form of words, as long as the intention to cancel is clear. (6) Where it is reasonably practicable to communicate with the supplier, subsection (5) shall take effect subject to any express provision in the future services contract requiring notice of cancellation to be in writing.

What the above legalese means is that if you should terminate your contract in writing as soon as you decide you don't want to follow up with the treatments, cite this section in your letter and as written above: In the event of termination, suppliers can only charge five per cent of the contract price, the cost of goods the consumer is keeping and the portion of the full contract price, representing services received by the consumer.

Other tips: 

• Take down exact notes of what happened- who you spoke to, their full name and designation if possible, what had transpired during the conversation etc
• Know your legal rights, do not be threatened into submission. If you don't want to continue the treatments, remember Section 17 of the Consumer Protection Act
• Terminate immediately, do not fall for the age-old 'just try first, if it doesn't work, we will give you a money back guarantee'. 
• Lodge a complaint at the Consumer Claims Tribunal. 

1. You do this by filling up a claim form known as Form 1 which is available for free from all tribunal branches or can be downloaded online. Form 1 must be completed in 4 copies and filed in the nearest office of the tribunal. Filing fee is RM5, you (the Claimant) will receive an official receipt. Two copies of Form 1 which have been affixed with the seal of the Tribunal shall be returned to you for service. It can be served by handing it over to the person or posting via registered mail to the person's service address or in the case of a company, to its registered address.
2. The Respondent can either contact you to settle the claim or dispute the claim by filing a defence and counterclaim (if any) in Form 2 which can be obtained from the office of the Tribunal. He fills it up and files it 4 copies within 14 days of receipt at the same Tribunal office where the Claimant filed it; filing fee of RM5. The Claimant who receives it shall file in a defence to the counterclaim (if there was one) in Form 3 within 14 days of receipt in 4 copies. A hearing will be set by the Tribunal to hear the parties. If the matter is settled before then, a notice of discontinuance is filed at the Tribunal office.
3. This alternative is much cheaper than going to court as you don't need lawyers. Just bring witnesses of your own and any documents.