• Report: #386259

Complaint Review: Nicolematernitywholesale.com

  • Submitted: Thu, October 30, 2008
  • Updated: Fri, October 31, 2008

  • Reported By:Orlando Florida
Nicolematernitywholesale.com
128 Oak Grove Circle Lake Mary, Florida U.S.A.

Nicole Michelle Maternity - Nicolematernitywholesale.com Sold Second Quality Maternity Swimsuits with many stitching and Sizing errors and refuses to provide refund Lake Mary Florida

*REBUTTAL Owner of company: Response to the lies by "Jane of Orlando" aka Erna Belshaw of Surfsupswimwear.com

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Our business had purchased maternity swimsuits from NMD Distributors or Nicole Maternity Wholesale which is the distributor for Nicole Michelle Maternity or Nicole Michelle is their new business name. This particular style and color that we purchased (The Pink and Turquoise Maternity Swimsuit) had numerous issues such as poor stitching on the bikini bottoms with inferior craftsmanship and the sizing and gradation of the maternity swimsuits are completely inaccurate and they are not true to pregnant woman's body shape and sizing.

We had several different pregnant women try on the maternity swimsuits with different body styles and sizes and they were unable to wear their true size.

We had gone past their 7 day return policy because we did not notice the issues until we sold a few swimsuits and they were all being returned because of poor quality and sizing.

We took the garments to a 20 year veteran designer and manufacturer who reviewed the swimsuits. In their expert opinion, we were sold inferior and second quality garments that should never have passed inspection.

We contacted the distributor and vendor and we were told that they will be sending a recall notice for us to return the swimsuits to the manufacturer to be redone. We waited patiently and this never happened. We attempted continued communications with the company but were met with threats and insults via email and voicemail messages.

During the poor communication process, we attempted to inform them that the swimsuits were of poor quality in our telephone conversations, in writing via email and with a letter inside the returned packaged and the response we receive was that it was the end of swim season and your company just wants to return them in order to recoup your expenses. This is far from the truth because our business sells swimwear year round.

We attempted to return the maternity swimsuits but they were refused UPS delivery and were returned to our business by the distributor.

We contacted numerous reputable maternity swimwear and swimwear designers/manufacturers and these are leading brand labels that our consumers are familiar with. All of the companies surveyed stated that they would have replaced the swimsuits no matter the time frame of the return and would have treated the customer with respect and dignity. They all stated that this was the industry standard and customer service means everything especially during these difficult economic times.

Since our attempts in resolving these issues with this merchant they have modified their website and have added this long and legal jargon to their website to protect themselves from future legal damages. Only unethical and merchants would resort to this level. Would you buy from this company with this legal jargon? You must accept their conditions before purchasing their items as a retail and/or wholesale customer.

Please take note below on how they stated "In that role, the company does not have the ability to physically inspect goods offered for sale by their suppliers. The company will be held harmless in the event that the goods received are not as represented."

Please read the following information from their website to substantiate our case:
http://www.nicolematernitywholesale.com/Register.asp?ExpressCheckout=True&ReturnTo=http%3A%2F%2Fwww.nicolematernitywholesale.com%2Fbefore_payment.asp

NMD Distributors and Nicole Michelle Maternity Terms & Conditions By viewing the NMD Distributors and Nicole Michelle Maternity website or placing an order with NMD Distributors and Nicole Michelle Maternity you agree to be bound by the following Terms & Conditions. If you do not agree with these Terms & Conditions, you are requested to reafrain from browsing the website or placing an order with NMD Distributors and Nicole Michelle Maternity. 1. NMD Distributors and Nicole Michelle Maternity may act as brokers on behalf of their clients. In that role, the company does not have the ability to physically inspect goods offered for sale by their suppliers. The company will be held harmless in the event that the goods received are not as represented.

In addition, the company will be held harmless should any supplier not fulfill and ship orders provided NMD Distributors and Nicole Michelle Maternity has acted in good faith on the clients behalf in ordering and funding the order with the particular supplier. 2. All goods are shipped to clients Shipping Address' as indicated on the Order Form. NMD Distributors and Nicole Michelle Maternity will not be responsible for goods that may be shipped to incorrect addresses. 3. NMD Distributors and Nicole Michelle Maternity shall be held harmless for goods that are held, examined, searched or confiscated by the local, state or federal customs service in the respective country of import or export. 4. In some instances, local or federal customs in the country of import may exercise an additional tax, customs charge or duty on the incoming shipment. While NMD Distributors and Nicole Michelle Maternity has attempted to include all import taxes, customs charges and duties into the final item cost, there may be additional charges levied against the shipment. Any additional import charges, taxes or duties are solely the responsibility of the Buyer and not the responsibility of NMD Distributors and Nicole Michelle Maternity. 5. NMD Distributors and Nicole Michelle Maternity shall be held harmless for delays in shipments caused by the actual suppliers of the ordered goods, provided NMD Distributors and Nicole Michelle Maternity has expedited the order on a standard basis. 6. Products, programs and services described or mentioned on this web site are subject to availability. We do not and cannot assure you that everything on our web site is accurate. You use our web site at your own risk, and NMD Distributors and Nicole Michelle Maternity assumes no liability for any errors, omissions, injury, harm or damage in connection with this web site or any of the Content. Without limiting the generality of the foregoing: THE INFORMATION CONTAINED ON THIS WEB SITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER APPLICABLE LAW. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IT LIES IN TORT, CONTRACT, OR OTHERWISE, SHALL NMD Distributors and Nicole Michelle Maternity, OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANIES, SUPPLIERS, OR INDEPENDENT CONTRACTORS, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, OR ANYONE ELSE INVOLVED IN DEVELOPING OR DISTRIBUTING NMD Distributors and Nicole Michelle Maternity'S WEB SITE, BE LIABLE FOR ANY ECONOMIC OR OTHER HARM OR INJURY RESULTING IN ANY WAY FROM THE USE OR INABILITY TO USE, NMD Distributors and Nicole Michelle Maternity'S WEB SITE ANY WEB SITES LINKED TO THIS SITE OR THE MATERIALS OR INFORMATION CONTAINED ON ANY SUCH SITE, INCLUDING, WITHOUT LIMITATION, ANY ECONOMIC HARM, LOST PROFITS, DAMAGES TO BUSINESS, DATA OR COMPUTER SYSTEMS, OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM RELIANCE ON ANY CONTENT OR RESULTING FROM ANY INTERRUPTIONS, WORK STOPPAGES, COMPUTER FAILURES, COMMIUNICATION FAILURES, DELETION OF FILES, ERRORS, OMISSIONS, INACCURACIES, DEFECTS, VIRUSES, DELAYS, OR MISTAKES OF ANY KIND, EVEN IF YOU HAVE ADVISED NMD Distributors and Nicole Michelle Maternity OF THE POSSIBILITY OF SUCH DAMAGES. 7. Indemnification User agrees to indemnify and hold harmless NMD Distributors and Nicole Michelle Maternity and its subsidiaries, affiliates, parent companies and licensors, and their respective officers, directors, shareholders, employees, successors and assigns, from and against any and all claims, demands, losses, damages, liabilities, costs or expenses, including reasonable attorneys' fees, by reason of any breach by user of the restrictions in these Terms of Use or breach of user's agreement under these Terms of Use. 8. General This web site is controlled and administered by NMD Distributors and Nicole Michelle Maternity from its headquarters within the State of Florida, USA. Unless otherwise specified, the Content on this web site is presented solely for the purpose of entertainment and promoting services available in the United States, its territories and possessions. NMD Distributors and Nicole Michelle Maternity makes no representation that access to this web site or the Content are appropriate or available for use in other locations. Access to this web site or the Content from any location where such access is illegal is prohibited. Users shall not download or otherwise export or re-export any Content except in full compliance with all U.S. and other applicable laws and regulations. The validity, construction and enforceability of these Terms of Use shall be governed in all respects by the domestic laws of the United States and the State of Florida applicable to agreements made and to be performed entirely in the State of Florida, without giving effect to any choice of law, or any principles of comity, or conflict of law provision, or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the law of any jurisdiction other than the State of Florida, even though a user may not be a resident of that State. You agree that any actual or threatened breach of this Terms of Use may be immediately restrained or enjoined by any court of competent jurisdiction, and that any temporary restraining order or emergency, preliminary, or final injunctions may be issued in any court of competent jurisdiction without notice and without bond. As used herein, the term "any court of competent jurisdiction" shall include the state and federal courts sitting in, or with jurisdiction over actions arising in, Pinellas County in the State of Florida, the jurisdiction, venue, convenience, and appropriateness of which are hereby expressly CONSENTED TO by you, all objections thereto being expressly WAIVED by you. If any particular portion of a provision of these Terms of Use shall ever be adjudicated as invalid or unenforceable, or if the application thereof to any party or circumstance shall be adjudicated to be prohibited by or invalid under applicable laws or public policies, such particular portion of the provision shall be deemed amended to delete therefrom such portion so adjudicated, such deletion to apply only with respect to the operation of such portion in the particular jurisdiction so adjudicating on the parties and under the circumstances as to which so adjudicated and only to the minimum extent so required, and the parties shall be deemed to have substituted for such portion so deleted words which give the maximum scope permitted under applicable law to such provision. These Terms of Use contain the entire understanding between you and NMD Distributors and Nicole Michelle Maternity with respect to their subject matter, provided that if you are a customer, carrier, vendor or other contractor who has a separate written agreement with NMD Distributors and Nicole Michelle Maternity covering any portion of the subject matter of these Terms, except as otherwise expressly provided, the terms of such written agreement shall control. Your use of this web site after NMD Distributors and Nicole Michelle Maternity modifies or amends it in any way shall constitute acceptance of such modification or amendment by you.

Jane
Orlando, Florida
U.S.A.

This report was posted on Ripoff Report on 10/30/2008 05:22 AM and is a permanent record located here: http://www.ripoffreport.com/r/Nicolematernitywholesalecom/Lake-Mary-Florida-32746/Nicole-Michelle-Maternity-Nicolematernitywholesalecom-Sold-Second-Quality-Maternity-Swi-386259. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
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Updates & Rebuttals

#1 REBUTTAL Owner of company

Response to the lies by "Jane of Orlando" aka Erna Belshaw of Surfsupswimwear.com

AUTHOR: Erna - (U.S.A.)

Erna Belshaw is a fraud. After losing her credit card chargeback, she is reporting lies on this website. She is hopefully going to be prosecuted for her lies to the credit card company claiming that we failed to refund her after returning her items. She in fact had the items in her posession. This is a woman with way too much time on her hands and not enough capital to properly do business. She purchased 5 different orders. She made a poor business decision and when she realized that she could not afford the bathing suits that she bought from us, after 3 months she attempted to return the few remaining swimsuits that she didn't sell at the end of the season. These swimsuits are our top selling swimwear and have had no issues by any other retailer. She sold the majority of them before claiming any defect. When we offered to exchange the "defective" ones for store credit or repair any defect we found, she agreed then went back on her word and shipped them to a different address with no RA# on the package. Then she sent a letter demanding a refund and to be refunded for her shipping charges. The swimsuits she was attempting to return came from 5 different shipments from which she sold swimsuits out of each order. She is an unethical business woman who is trying to defraud this website for her own personal vendetta with us.
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