Neimans, Neimans Jewelry, Neimansjewelry Seller On Ebay horrible quality jewelry crooked stones dark inclusions warped setting crooked prongs Ripoff Costa Mesa California

I am amazed that this company would try to intimidate you like this.
What are they so afraid of that they are reduced to threating you in this hostile manner?
I find this extremely intimidating, and it speaks very poorly of this companies business ethics!!!!
They are so lucky that this did not happen to me, as I have the knowledge and resources to take this monster on.

I would respond to their legal counsel in this manner if it were me.
Although you are "not a jeweler".
You are certainly competent enough to recognize shoddy construction of a piece of jewelry.
If the band is flimsey, and the prongs crooked you have the right to call this poor quality.
If the prongs can't support the stone properly it could fall out.
If the stone is cloudy that tells you about the quality of the sapphire that they used.
It's too bad that you already sent this back as I would be willing to pay for an independant appraisel of this ring.
NEIMANS GET OFF THIS LADIES BACK AND TAKE ON SOMEONE YOUR OWN SIZE!!!!!!

The company seems to appreciate the fact that you stated that you're no jeweler, but then assumes you have absolutely no knowledge of jewelry. Their phrasing is offensive and insulting, considering they don't know HOW much you know about jewelry - one can be an afficionado without being an expert, after all. Or your spouse or relative or best friend could be a jeweler, right?

After five years working in a corporate law firm, I learned that such comments don't work in a company's favor. From what I have read, your original complaint doesn't require an "expert" opinion - any reasonable person with adequate eyesight can determine if stones are set crookedly, or if the picture is NOT representative of the item you ended up with. Especially if it was received in poor condition! How did you pay for the item? Credit card? PayPal? If it happens with anyone else, you can go to them. They're happy to investigate, especially if you have photos from the auction and photos (a printed scan is ideal) of your item.

At any rate, you were able to make your point here, even if Niemans got their toes stepped on. If they were that concerned about their reputation, they'd be sure to offer much better customer service and would've handled your complaint properly.

Your retraction is somewhat hilarious...in that they took all that effort to intimidate you over a piece of jewelry you got off eBay. How petty!

The simple fact they did that shows me "in my opionion" that someone there just wants to haggle you and intimidate you out of making what otherwise could be a legitimate gripe.

I would re-state your complaint, but put down that it is your "opinion" that this is the case...not cold hard "fact". We are all free to express our opinions and not be retaliated against with empty threats from greedy misers. Sounds like you ran into a real Scrooge.

If you take it to a legitimate jeweler, are they going to pay for the appraisal? Doubt it. And if not, tell them to go fly a kite....and do it in a lightning storm. Best yet...counter sue.

We recently became aware of claims you posted against our firm on "The Rip Off Report" website. Although you are entitled to free speech, you are not legally entitled to make slanderous claims. Just because you were not happy with your purchase does not afford you the right to make false allegations against Neimans Jewelry.

To define and clarify the meaning of a "rip off", is when you purchase something that is in fact not the same as advertised (example: natural diamond vs. a created diamond) and you then notify the seller of the misrepresentation or mistake and the seller refuses to provide a refund or remedy the situation by offering you the item represented. Further, truthful "rip off" claims are generally made against merchants that are known for improper business tactics and have a substantial track record in support of their improper business practices.

The allegations you made against Neimans Jewelry are not factual and lack support from any professionals. Because you may not properly understand jewelry grading, you could have assumed that you were getting "top gem quality" merchandise when in fact the ad clearly describes the quality of the item. Further, a gemological laboratory had evaluated this item to confirm its quality and then issued a report. The ad and the gem report including the actual item itself are consistent as shown in the ad.

Next, the amount you paid was virtually below the gold value alone. The diamonds and gemstone alone have a value far in excess of what you paid and any jewelry expert would have confirmed this with you. Therefore, if you had taken the item to a professional gem lab to validate the quality described in the ad, you would have quickly realized that Neimans Jewelry properly advertised the item and your expectations were simply far beyond reality.

It is the buyer's duty to verify the item and become properly educated before buying anything from a merchant. You failed to educate yourself before buying and also failed to obtain a gemological lab report to support any inaccuracies you claim Neimans Jewelry made.

Neimans Jewelry has handled approximately 15,000 successful transactions on eBay since 2003 with an average feedback rating above 99% positive. In fact, Neimans Jewelry is the Recipient of eBay's Performance & Professionalism Award which was only given to a handful of its best power sellers. If Neimans Jewelry is as awful as you allege, then the feedback score would be substantially lower. Moreover, eBay permanently suspends fraudulent sellers.

Finally, we are requesting that you immediately cease and desist from making any further false claims against Neimans Jewelry and that you request the "Rip of Report" to retract all alleged claims and statements made by you against Neimans Jewelry, within the next 5 business days.

If you fail to comply with this request, you will leave us no other option but to file legal action against you as per the terms of your agreement with Neimans Jewelry below. You could be held legally responsible for any Defamation, Slander & Libel claims made against us through your actions;

DISPUTE RESOLUTION

For any Dispute that occurs between Neimans Jewelry and Buyer (the parties) that cannot be resolved, then the parties agree to the rules, regulations and procedures of the dispute resolutions described herein and agree to the following procedures for Resolution of the Dispute: If either party alleges that the other party is in default under this agreement, then the dispute or allegation shall be submitted for Binding mediation to In-House Attorneys, P.C. in the City of Irvine, California, an alternate mediator or by small claims court solely determined by Neimans. Each party shall simply present their own case (limited to a maximum of one hour for each party), excluding witnesses, expert witnesses and attorneys. Neimans Jewelry also reserves the sole right (at is sole discretion) to have the dispute heard in a conventional manner including the use of attorneys and the Civil Court of Orange County, California having jurisdiction over the dispute. Any award determined by the mediator or the court shall be binding and the prevailing party shall be awarded full reimbursement of its actual paid legal fees in connection with the dispute for any of the dispute remedies listed above.

Please advise us within forty eight (48) hours of what you intend to do to resolve this situation. If you prefer I contact you via telephone, please let me know.

Sincerely,

Mr. Thomas

Counsel

Neimans Jewelry

We recently became aware of claims you posted against our firm on "The Rip Off Report" website. Although you are entitled to free speech, you are not legally entitled to make slanderous claims. Just because you were not happy with your purchase does not afford you the right to make false allegations against Neimans Jewelry.

To define and clarify the meaning of a "rip off", is when you purchase something that is in fact not the same as advertised (example: natural diamond vs. a created diamond) and you then notify the seller of the misrepresentation or mistake and the seller refuses to provide a refund or remedy the situation by offering you the item represented. Further, truthful "rip off" claims are generally made against merchants that are known for improper business tactics and have a substantial track record in support of their improper business practices.

The allegations you made against Neimans Jewelry are not factual and lack support from any professionals. Because you may not properly understand jewelry grading, you could have assumed that you were getting "top gem quality" merchandise when in fact the ad clearly describes the quality of the item. Further, a gemological laboratory had evaluated this item to confirm its quality and then issued a report. The ad and the gem report including the actual item itself are consistent as shown in the ad.

Next, the amount you paid was virtually below the gold value alone. The diamonds and gemstone alone have a value far in excess of what you paid and any jewelry expert would have confirmed this with you. Therefore, if you had taken the item to a professional gem lab to validate the quality described in the ad, you would have quickly realized that Neimans Jewelry properly advertised the item and your expectations were simply far beyond reality.

It is the buyer's duty to verify the item and become properly educated before buying anything from a merchant. You failed to educate yourself before buying and also failed to obtain a gemological lab report to support any inaccuracies you claim Neimans Jewelry made.

Neimans Jewelry has handled approximately 15,000 successful transactions on eBay since 2003 with an average feedback rating above 99% positive. In fact, Neimans Jewelry is the Recipient of eBay's Performance & Professionalism Award which was only given to a handful of its best power sellers. If Neimans Jewelry is as awful as you allege, then the feedback score would be substantially lower. Moreover, eBay permanently suspends fraudulent sellers.

Finally, we are requesting that you immediately cease and desist from making any further false claims against Neimans Jewelry and that you request the "Rip of Report" to retract all alleged claims and statements made by you against Neimans Jewelry, within the next 5 business days.

If you fail to comply with this request, you will leave us no other option but to file legal action against you as per the terms of your agreement with Neimans Jewelry below. You could be held legally responsible for any Defamation, Slander & Libel claims made against us through your actions;

DISPUTE RESOLUTION

For any Dispute that occurs between Neimans Jewelry and Buyer (the parties) that cannot be resolved, then the parties agree to the rules, regulations and procedures of the dispute resolutions described herein and agree to the following procedures for Resolution of the Dispute: If either party alleges that the other party is in default under this agreement, then the dispute or allegation shall be submitted for Binding mediation to In-House Attorneys, P.C. in the City of Irvine, California, an alternate mediator or by small claims court solely determined by Neimans. Each party shall simply present their own case (limited to a maximum of one hour for each party), excluding witnesses, expert witnesses and attorneys. Neimans Jewelry also reserves the sole right (at is sole discretion) to have the dispute heard in a conventional manner including the use of attorneys and the Civil Court of Orange County, California having jurisdiction over the dispute. Any award determined by the mediator or the court shall be binding and the prevailing party shall be awarded full reimbursement of its actual paid legal fees in connection with the dispute for any of the dispute remedies listed above.

Please advise us within forty eight (48) hours of what you intend to do to resolve this situation. If you prefer I contact you via telephone, please let me know.

Sincerely,

Mr. Thomas

Counsel

Neimans Jewelry

We recently became aware of claims you posted against our firm on "The Rip Off Report" website. Although you are entitled to free speech, you are not legally entitled to make slanderous claims. Just because you were not happy with your purchase does not afford you the right to make false allegations against Neimans Jewelry.

To define and clarify the meaning of a "rip off", is when you purchase something that is in fact not the same as advertised (example: natural diamond vs. a created diamond) and you then notify the seller of the misrepresentation or mistake and the seller refuses to provide a refund or remedy the situation by offering you the item represented. Further, truthful "rip off" claims are generally made against merchants that are known for improper business tactics and have a substantial track record in support of their improper business practices.

The allegations you made against Neimans Jewelry are not factual and lack support from any professionals. Because you may not properly understand jewelry grading, you could have assumed that you were getting "top gem quality" merchandise when in fact the ad clearly describes the quality of the item. Further, a gemological laboratory had evaluated this item to confirm its quality and then issued a report. The ad and the gem report including the actual item itself are consistent as shown in the ad.

Next, the amount you paid was virtually below the gold value alone. The diamonds and gemstone alone have a value far in excess of what you paid and any jewelry expert would have confirmed this with you. Therefore, if you had taken the item to a professional gem lab to validate the quality described in the ad, you would have quickly realized that Neimans Jewelry properly advertised the item and your expectations were simply far beyond reality.

It is the buyer's duty to verify the item and become properly educated before buying anything from a merchant. You failed to educate yourself before buying and also failed to obtain a gemological lab report to support any inaccuracies you claim Neimans Jewelry made.

Neimans Jewelry has handled approximately 15,000 successful transactions on eBay since 2003 with an average feedback rating above 99% positive. In fact, Neimans Jewelry is the Recipient of eBay's Performance & Professionalism Award which was only given to a handful of its best power sellers. If Neimans Jewelry is as awful as you allege, then the feedback score would be substantially lower. Moreover, eBay permanently suspends fraudulent sellers.

Finally, we are requesting that you immediately cease and desist from making any further false claims against Neimans Jewelry and that you request the "Rip of Report" to retract all alleged claims and statements made by you against Neimans Jewelry, within the next 5 business days.

If you fail to comply with this request, you will leave us no other option but to file legal action against you as per the terms of your agreement with Neimans Jewelry below. You could be held legally responsible for any Defamation, Slander & Libel claims made against us through your actions;

DISPUTE RESOLUTION

For any Dispute that occurs between Neimans Jewelry and Buyer (the parties) that cannot be resolved, then the parties agree to the rules, regulations and procedures of the dispute resolutions described herein and agree to the following procedures for Resolution of the Dispute: If either party alleges that the other party is in default under this agreement, then the dispute or allegation shall be submitted for Binding mediation to In-House Attorneys, P.C. in the City of Irvine, California, an alternate mediator or by small claims court solely determined by Neimans. Each party shall simply present their own case (limited to a maximum of one hour for each party), excluding witnesses, expert witnesses and attorneys. Neimans Jewelry also reserves the sole right (at is sole discretion) to have the dispute heard in a conventional manner including the use of attorneys and the Civil Court of Orange County, California having jurisdiction over the dispute. Any award determined by the mediator or the court shall be binding and the prevailing party shall be awarded full reimbursement of its actual paid legal fees in connection with the dispute for any of the dispute remedies listed above.

Please advise us within forty eight (48) hours of what you intend to do to resolve this situation. If you prefer I contact you via telephone, please let me know.

Sincerely,

Mr. Thomas

Counsel

Neimans Jewelry

We recently became aware of claims you posted against our firm on "The Rip Off Report" website. Although you are entitled to free speech, you are not legally entitled to make slanderous claims. Just because you were not happy with your purchase does not afford you the right to make false allegations against Neimans Jewelry.

To define and clarify the meaning of a "rip off", is when you purchase something that is in fact not the same as advertised (example: natural diamond vs. a created diamond) and you then notify the seller of the misrepresentation or mistake and the seller refuses to provide a refund or remedy the situation by offering you the item represented. Further, truthful "rip off" claims are generally made against merchants that are known for improper business tactics and have a substantial track record in support of their improper business practices.

The allegations you made against Neimans Jewelry are not factual and lack support from any professionals. Because you may not properly understand jewelry grading, you could have assumed that you were getting "top gem quality" merchandise when in fact the ad clearly describes the quality of the item. Further, a gemological laboratory had evaluated this item to confirm its quality and then issued a report. The ad and the gem report including the actual item itself are consistent as shown in the ad.

Next, the amount you paid was virtually below the gold value alone. The diamonds and gemstone alone have a value far in excess of what you paid and any jewelry expert would have confirmed this with you. Therefore, if you had taken the item to a professional gem lab to validate the quality described in the ad, you would have quickly realized that Neimans Jewelry properly advertised the item and your expectations were simply far beyond reality.

It is the buyer's duty to verify the item and become properly educated before buying anything from a merchant. You failed to educate yourself before buying and also failed to obtain a gemological lab report to support any inaccuracies you claim Neimans Jewelry made.

Neimans Jewelry has handled approximately 15,000 successful transactions on eBay since 2003 with an average feedback rating above 99% positive. In fact, Neimans Jewelry is the Recipient of eBay's Performance & Professionalism Award which was only given to a handful of its best power sellers. If Neimans Jewelry is as awful as you allege, then the feedback score would be substantially lower. Moreover, eBay permanently suspends fraudulent sellers.

Finally, we are requesting that you immediately cease and desist from making any further false claims against Neimans Jewelry and that you request the "Rip of Report" to retract all alleged claims and statements made by you against Neimans Jewelry, within the next 5 business days.

If you fail to comply with this request, you will leave us no other option but to file legal action against you as per the terms of your agreement with Neimans Jewelry below. You could be held legally responsible for any Defamation, Slander & Libel claims made against us through your actions;

DISPUTE RESOLUTION

For any Dispute that occurs between Neimans Jewelry and Buyer (the parties) that cannot be resolved, then the parties agree to the rules, regulations and procedures of the dispute resolutions described herein and agree to the following procedures for Resolution of the Dispute: If either party alleges that the other party is in default under this agreement, then the dispute or allegation shall be submitted for Binding mediation to In-House Attorneys, P.C. in the City of Irvine, California, an alternate mediator or by small claims court solely determined by Neimans. Each party shall simply present their own case (limited to a maximum of one hour for each party), excluding witnesses, expert witnesses and attorneys. Neimans Jewelry also reserves the sole right (at is sole discretion) to have the dispute heard in a conventional manner including the use of attorneys and the Civil Court of Orange County, California having jurisdiction over the dispute. Any award determined by the mediator or the court shall be binding and the prevailing party shall be awarded full reimbursement of its actual paid legal fees in connection with the dispute for any of the dispute remedies listed above.

Please advise us within forty eight (48) hours of what you intend to do to resolve this situation. If you prefer I contact you via telephone, please let me know.

Sincerely,

Mr. Thomas

Counsel

Neimans Jewelry

Niemans has contacted me and is threatening legal action against me for posting this complaint. Because I did not take the merchandise to an authorized jeweler to back up my complaint, I do not have proof that the merchandise was defective as I stated. Please consider this a contraction of my statements against Niemans Jewelry.

After emailing them for over a month to give me a refund, they gave me my money back - sortof. They pocketed a whopping $15 for shipping and handling for a tiny ring. The actual shipping was far less. This must be how they make all of their money.

I will not leave them a negative feedback on ebay - because everyone knows how ebay works. If you leave negative for them, they can leave negative for you for no good reason. I'm not risking it. I won't leave any feedback at all. I'm taking my partial refund and running!!!

Buyer beware! Don't go through this headache yourself!

After emailing them for over a month to give me a refund, they gave me my money back - sortof. They pocketed a whopping $15 for shipping and handling for a tiny ring. The actual shipping was far less. This must be how they make all of their money.

I will not leave them a negative feedback on ebay - because everyone knows how ebay works. If you leave negative for them, they can leave negative for you for no good reason. I'm not risking it. I won't leave any feedback at all. I'm taking my partial refund and running!!!

Buyer beware! Don't go through this headache yourself!

Sent: Monday, March 21, 2005 2:47 PM
To: Neimans Jewelry

You should have received my returned ring and paperwork on Saturday, or it will arrive today. The Postal Service will send me a comfirmation of signature. Please let me know when to expect my refund. Thank you.


Neimans Jewelry wrote:
Hello,

Thank you for your interest in Neimans Jewelry Auctions. Refunds are generally made within 14 BUSINESS DAYS (excluding weekends & holidays) after we receive the item being returned.

Please let us know if you have any further questions.

Thank you,

Rebecca


Sent: Friday, April 01, 2005 12:09 PM
To: Neimans Jewelry

Rebecca,

It has been ten business days since you received my returned ring (signed delivery on 3/18). Has my refund been processed and mailed, yet? The fourteen-business-day time frame is almost spent, and I have not heard anything. Thank you for the info.



Neimans Jewelry wrote:
Hello,

Thank you for your interest in Neimans Jewelry Auctions. Your refund has not been processed yet. Please check back with us if you have not received a refund, via PayPal, by 4/8/05.

Please let us know if you have any further questions.

Thank you,

Rebecca

Neimans Jewelry Auctions


Rebecca,

I checked my paypal account and no refund has been processed. I mailed the ring and paperwork back to you and it was signed as received on March 18. Today is April 8. My order number is 7804543. Please credit my Paypal account for $145.28, which I paid to you on March 1. Thank you.