So I have had the same sort of experience as everyone else here with NMC Toys (Northmen Collectibles).
Pre-ordered an item and waited almost 2 years for the product because I gave them the benefit of the doubt. Finally decided to cancel the pre-order (which took multiple emails over more than a month to get a reply from sales), and requested a full refund. He refused the refund (as it was past the limit to refund on my credit card), and would only allow store credit. I did not accept this, informed them of some of the many options available to issue a refund, and after multiple emails I decided to escalate things and contacted
Consumer Protections Ontario. As advised, I also began CCing Consumer Protection Ontario on all emails.
His reply to this was multiple belligerent emails (the first 6 of which came within a 16 minute window) about how this is all my fault, how I am ?weaponizing? my patience against him, how much of a poor victim he is, and so on (Do not fall for any of this BS from him. It is just a sad tactic that he attempts to use). He also decided to cancel my other pre-order, and then he "banned me". He finally sent me an e-transfer for part of my refund owed for both items, however he decided he was going to charge a 5% cancellation fee. I continued to fight for the remaining 5% as it is illegal for him to charge such a fee for undelivered products after that amount of time, and the fact that he cancelled my second order, not me. His eventual reply was that if I wanted the rest of the money then he would see me in small claims court. I am still deciding how far I am willing to take this over the small amount I am still owed.
I left a google review recently and as expected, his reply is a full on BS gaslight and attempting to make me the bad guy. He made the mistake of stating that he was willing to share the emails between us with anyone who wanted them to prove I was the bad guy. I find that funny since I was nothing but patient, and professional throughout the entire conversation. Since he wanted to go public with them, I posted a link to the the entire chain in an update so anyone can see the emails and see for themselves the kind of person he is.
For anyone who currently has or has had a similar issue in the past with not receiving their items, I highly suggest you contact Consumer Protection Ontario(
https://www.ontario.ca/page/consumer-protection-ontario) (1-800-889-9768) as you are protected in these situations under the Consumer Protection Act of Ontario. You do not have to reside within Ontario to file a complaint since the business is (only one party has to be).
Talking with Consumer Protection was a great help. Their representatives clearly explained the Act and how it applies to these situations, gave me advice on the next steps to take, and helped file multiple complaints against the business.
The part of the
Consumer Protection Act of Ontario that deals with most of these situations is
section 26, sub-section 1, late delivery. (
https://www.ontario.ca/laws/statute/02c30#BK32 )
This section states that a business has 30 days after the expected delivery date that was agreed upon when the item was ordered to have the item delivered to you, or 30 days after an amended delivery date that has been agreed to in writing. Yes, an ETA is an expected delivery date. If you do not receive the item within that time then you are entitled to cancel the order and get a full refund. No, you do not have to accept a store credit.
Consumer Protection Ontario can do a few things,
1) Help you with your immediate problem by providing advice and information on the Act, bring other agencies into the mix if required, and help mediate between you and the business. The final step here is they may advise you to go to small claims court.
2) If enough complaints are filed then they gain the ability to open their own investigation into the business at which point they have much more power and can take administrative actions such as written warnings, imposing terms and conditions on licenses and registrations and can suspend or revoke licenses or registrations. They could also issue compliance orders and if the business is found guilty of the Act, they could face fines and/or jail time.
Hopefully Consumer Protection is able to help you with your specific issue, but even if they can't, file a complaint anyways as they all stay on file and build up to potentially trigger their own investigation.
Bottom line is, do NOT do business with NMC Toys (Northmen Collectibles). If you have purchased something there and are having an issue now, or even an issue in the past, reach out to Consumer Protection Ontario and ask what your options are and file a complaint.
