Enfocus Photography

Enfocus Photography

June 28, 2006

December 21, 2006 - Business Reply - From: Email User

Our paperwork clearly states that we may retain all or part of the deposit if we feel that the certificates were misrepresented. We strongly feel that this is the case.

We have made the BBB aware of this and I have no idea where she came up with the notion that we have said anything different.

The customers were trying to pay our personel for the certificates at the promotion. They did not feel the they had paid for the certificates in advance.

I am sure that she believes these things, but that does not make them true!

JM

James McIver

ENFOCUS Photography

www.enfocus-photo.com

972-562-9939

1-866-850-9939 toll free

December 20, 2006 - Business Reply - From: Email User

complaint on ENFOCUS Photography

It is our Company policy that we not speak (or post) negatively about anyone.

However, at the insistence of our contractors and our satisfied customers, we choose to answer this posting.

Our Fundraiser Packet (Fundraiser Information Sheet) clearly states that we may retain the deposit if the certificates are misrepresented.

Customers at this promotion related that they were not informed properly.

They had not paid for their certificates in advance (as required) and had not received a certificate in advance (also required). They had not even been informed that the photo location had been changed at the last moment by the Scouts!

This deposit that we retained should have been part of the money collected for certificates. This should, in no way, come out of the pockets of the scouts.

It will come out of the profit made on sales.

We agreed to photograph this promotion even though the group had not sold the required minimum amount of certificates. Cancellation of the shoot date would have required refunding the certificate sales.

While we did have some minor technical problems, those were corrected that day and photography went on. We offered a retake date for anyone affected.

Everyone ordering photographs did receive them in a timely manner.

It is part of our contract that we may retain all or part of the deposit. Every fundraiser coordinator is aware of this!

Laurie Brown should have understood all terms and conditions before starting the promotion.

James McIver

James McIver

ENFOCUS Photography

www.enfocus-photo.com

972-562-9939

1-866-850-9939 toll free

December 20, 2006 - Consumer Follow-up Message - From: Email User

My goodness. How clever people can be when trying to explain why they did not follow the terms they had agreed to and that they had advertised. I'm so sorry Mr. McIver apparently has no qualms in breaking an agreement he made with our Girl Scout troop. There are several things he stated which were not true. Perhaps he believes them to be true, but he hasn't contacted me even one time since our photo session to discuss any of my concerns. He also told the Better Business Bureau that he would meet the terms of our agreement and give me the refund that was due me. But I still have not seen our refund. Apparently, from the comments he made here, he has no intention of following through with what he told the BBB. The point is, Mr. McIver misrepresented what his company was offering. If anyone would like proof, I have copies of all the information I received from his company and pages I printed off his website. Unfortunately, Mr. McIver has not been willing to communicate with me concerning this matter.

Mr. McIver states: Customers at this promotion related that they were not informed properly.

They had not paid for their certificates in advance (as required) and had not received a certificate in advance (also required). They had not even been informed that the photo location had been changed at the last moment by the Scouts!

These statements are not true. We did collect the money in advance. He should know this because I sent him the required $5 per person sitting fee. If I had not collected any money in advance, how could I have sent him the deposit? As to the change in location: only one person did not receive the information about the change in location and it was due to the fact that someone else who took the message at her home did not relate the message to her. We had no control over the other business canceling, which occurred several weeks in advance.

We offered a retake date for anyone affected.

Everyone ordering photographs did receive them in a timely manner.

As to customers receiving the offer to retake the photos, this is not true either. I was there the entire time and noticed how some people did not even have their photos come out on the computer preview. Enfocus was running so far behind that members of one party had to leave to go to work. I spoke to my customers after the photo shoot and they were NOT offered any thing of the sort. No retake dates were ever discussed with me or the customers. In fact, I suggested perhaps we should try it another date, when it was clear that the technical difficulties were not being resolved and we were running several hours behind schedule.

I did not receive my own order in a timely manner. I still have not received everything I ordered and paid for (payment is required in advance). The portfolio I purchased has never arrived. I was told months ago that it was on a "backorder". But I have not had any communication with Enfocus since that time, though I have tried to contact them.

It is part of our contract that we may retain all or part of the deposit.

This is one statement that is true, however the agreement was that they would retain the deposit if someone does not show up (since they lost a potential sale). I have no problem with that. The problem is with the agreement that for each sitting photographed, we would receive the deposit back. Groups just need to be aware that they will only make $15 per sitting rather than $20 and plan accordingly. Other companies I have talked to since that time, charge the $5 sitting fee per person up front, so it is clear. I think this is a much better business practice, rather than telling you that you will receive the refund and then making excuses as to why they will not follow their agreement.

We were very disappointed that this event was not handled better. We had planned to do it again when we first scheduled it. Since we have had such difficulty in even getting a phone call or email back, we have decided not to do business with them again.

Laurie

June 28, 2006 - Consumer Message:

Filed on : June 28 2006

Filed by :

Girl Scout Troop 809 Laurie Brown, Leader

16646 Willow Run St.

San Antonio TX 78247

Filed against :

Enfocus Photography

5524 Amber Way

McKinney TX 75070

Complaint Description:

We had an agreement with Enfocus photography to provide a glamour photo session as a fundraiser for our Girl Scout Troop. The agreement was that we would sell coupons to customers and they would provide the photo shoot. Their policy is to send them $5 per coupon sold as a deposit. Their materials state, "you will receive the $5 back for each sitting photographed." Our photo shoot was scheduled on June 3, 2006. I spoke with Mr. McIver on June 6, 2006 following the photo shoot to explain to him our disappointment in the services which were promised and not provided (see complaints below). He stated he would call me back "at the end of the week". He has not called me back or communicated with me in any way. Previously we had corresponded by email, as well as phone, so he has my contact information. I called back on June 15, 2006 and was told he was out of town. I left a message at that time. I specifically asked about the procedure to get our funds back, as agreed. I was told I would have to speak to Mr. McIver in person. He has still not contacted me. I called again today and left a voice mail. The following are a list of the problems we had in services not being rendered as agreed. This will make it very difficult in the future for our troop to raise funds, as many people were VERY disappointed in the whole process. 1. I have in writing from their website that they would provide a "cosmetologist" in one place and in another place, it is described as a "professional cosmetologist". One person who came was a cosmetologist. The other said she was not a cosmetologist, and this was only her second time to do this job. It was obvious they were not professional. One customer left due to witnessing following which: they did not change makeup brushes/lip brushes, eye make up brushes, etc. between customers, they held combs in their mouths and used the same comb on various customers. One person was burned by the curling iron. When I spoke to Mr. McIver about the agreement that there was supposed to be cosmetologists, he said they only advertised, "make up artists", which is not the information I had at the time I made the agreement with the company. 2. They said they would provide a "professional photographer, portable digital photography studio and related equipment". The Enfocus photograher did not know what she was doing. They started the session one hour late due to "poor lighting". She kept asking the sales lady to come and look at the pictures she had taken and she what she thought. We had lots of equipment problems throughout the day and they had no back up system. Several times the pictures did not save to a disc. Once the entire session had to be reshot, which you can imagine what the hair/makeup looked like an hour after it had been done, no make up touch ups were done prior to the reshoot. Once when this happened, part of the party had already left due to their work schedule, and they were unable to retake their photos. (see note below concerning the problems with the appointments) 3. They advertised for people to allow for 2- 3 hours for their sessions. Many customers did not even BEGIN their session until 3 hours after their appointment time. So, their session actually took longer than the 2-3 hours suggested. The family above could not wait any longer due to their work schedule, it was well past the 3 hour advertised amount of time. No apologies were given when this happened. One group arrived at 1 pm and left about 5:15 pm. The mother's statement to me was, "they might have offered us a discount or something due to all the problems we had, but they didn't." This was one of the people who had to have their photos reshot due to equipment problems. 4. As of today, June 28, 2006, Enfocus website states that "basic prices begin at $35." This information was on the website the day of the photo shoot. I went to look it up, since we were having so many problems. The Enfocus sales lady just said that it was old information and shouldn't be on the website. Their packages started at $159. Several customers were given the option of just buying their proofs for $100. (Several others said they were never given that option.) 5. Several people asked if their pictures would be back in time for Father's Day and they were told yes (including myself). We have still not received our photos. Only one person who had to call the company several times and paid for overnight shipping to make sure she got them in time has received her pictures. She said that the portfolio display for the proofs which she was told she would receive, is not was she received. She did get one but it is a totally different style than what they had the day of the photo shoot as an example of what you were purchasing. However, this company guarantees satisfaction, but no refunds. So, she doesn't really have much recourse. Also, she gave them as a gift and did not have time to send it back and get it corrected since they came so late. 6. Several people expressed disappointment in the rude way they were treated when they decided not to purchase any photos and only get the free one included with their coupon. The Enfocus representative complained to me about not getting enough sales that day. However, they did not provide what they said they would. People just wanted to get out of their after waiting so long. They certainly didn't want to pay a company that amount of money for poor service. This was not anything we had control over.

Your Desired Resolution:

We would like to recieve the full amount of our check back, as we do not believe this company kept their part of the agreement, therefore, we do not owe them any money. The agreement was that they would provide the glamour photo session with a professional photographer, professional cosmetologist, and wardrobe available. We were required to send $5 per sitting fee sold to the company. We were to recieve back all these funds, minus $5 for those who didn't show on the day of the photo shoot. If the company had kept their agreement, we would be happy to give them the full amount of the fee. However, they did not keep their end of the agreement, so we should not owe them anything. The minimum amount we would ask back is $165 for those who did show up the day of the photo shoot. I can't even get Enfocus to call me back to tell me when we will recieve our money back or how much they will be sending us. So, I'm worried they are once again not keeping their part of the agreement.

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