I disagree with the explanation / grounds provided"Respondent, Kathy L. Miller-Cothern, rejects all complaints alleged against her by complainant, Jeanette Canham, DBA Missing Pieces, and offers for public review the following facts to Jeanette’s allegations:
Allegation #1: “She arbitrarily increased rent and percentage of income kept to cover credit card charges and bags and tissue.”
Fact: Jeanette’s rent was NEVER increased, but was always decreased, due to the amount of spaces she kept adding to rent. The 10% that I kept (which is standard practice for shops in this region) to cover credit card charges, boutique style bags and tissue, had never changed either. This is stated in our rental policy that Jeanette had signed: ‘Vendors who rent space will be charged 10% of their total sales to cover credit/debit card service fees and wrapping/kraft bags.’
Allegation #2: “She was extremely difficult to work with.”
Fact: I designed and built mostly all of Jeanette’s displays. On many occasions, I stayed several hours after closing to help her finish up her sections. I had to assist her in figuring pricing of nearly all of her merchandise, except jewelry. I let her freely use my tools, hardware supplies, and display materials. I consistently styled, photographed, and advertised her items on Sweet Peas & Ivy’s Facebook page. I gave her 3 months of free rent for a case of new product that she brought in, and I displayed. I frequently pulled her booth merchandise and styled it throughout the store to help her to sell it, with no additional fee.
Allegation #3: “I watched vendor after vendor move out.”
Fact: Vendor turnover happens quite frequently in this type of business, and is to be expected.
Allegation #4: “She was always demanding that I bring more product in, or this or that product in.”
Fact: I never “demanded” that Jeanette bring anything in. She was consigning items and filling her rental spaces with merchandise that was several years old, that she had stored in storage units, which had not sold from previous trade shows and other booths that she had rented elsewhere.
Allegation #5: “I feel that there was extreme emotional abuse…it was like I could not please this individual…then I would have to find another way to market the purchased inventory or just “eat the investment!”
Fact: Jeanette occasionally brought merchandise into Sweet Peas & Ivy that I had to reject because it did not fit the style of the shop. She also brought merchandise that I had previously rejected back into the shop on more than one occasion. Furthermore, she would purchase new product on her own accord, and argue with me when I rejected it. Sweet Peas & Ivy is a vintage style home and garden décor boutique. It clearly states in our vendor policy, which Jeanette had signed, ‘Please keep merchandise and displays in line with the Vintage/Garden/Boutique theme of the shop.’ And again, ‘We reserve the right to return to you, items that we feel are inappropriate, cross merchandised between vendors, or do not fit in with the overall look of Sweet Peas & Ivy.’ Jeanette acknowledged this fact in writing on July 1, 2014 by stating: “I thought about it a lot, and realized that it is your store and you have a specific vision, and I know the product I have brought in does not fit your vision.”
Allegation #6: “I also feel there was a breach of contract because our contract states that she is to provide me with 30 days notice prior to vacating her store.”
Fact: Nowhere is it stated in Sweet Peas & Ivy’s rental and consignment vendor’s policy that we give vendors 30 days’ notice to vacate.
Numerous allegations regarding Fireside Coffee issues
Fact: Jeanette ordered Fireside Coffees on her own accord in June 2014, to sell at trade shows (i.e. Women’s Expo in Knoxville, TN, July 12-13, 2014) as well as her booths at other locations. She showed up at Sweet Peas & Ivy unannounced, with the coffees, and wanted to set them up on cabinets that were already in use. I did not have time to rearrange items to make room for her coffees on that particular day. Jeanette later stated in a phone text, regarding the coffee, “No problem, I will book trade shows to move the product.” We later discussed my thoughts of eliminating all rented spaces and converting to consignment only, and we both talked about putting the coffees in a hutch I had seen for sale. We both agreed that I would paint the hutch, if she would buy it, and split the profit of the coffees, above invoice, which is $2.00 each, per can of coffee. The hutch eventually had sold and I told Jeanette we will just find a new one. Jeanette’s accusation of me expecting her to sell me coffees at wholesale cost is false. I discussed adding her coffees to my Christmas gift baskets and each coffee that I placed in a gift basket, would be treated as “sold.” She would be paid for each coffee in full, even though it was still in the store, as a component of a gift basket. I make my own gift baskets; I never entered into a “gift basket making venture” with Jeanette.
On July 19, 2014, Jeanette informed me in writing that she is going to try some Gourmet Food items at her booth at HA, but will “hold off putting coffee out, until we see how that goes because I am not sure I want to sell it at HA and your shop…I would like your shop to be the distributor…???? Do you have an opinion on that???” I responded the same day with, “Since you already have it, maybe “try” it at HA, and see what happens?”
I had not heard from Jeanette in awhile, so on July 31, I texted her to check on her, and she said she “had a deck full of new inventory” and asked if I had made a decision on Fireside Coffees. I told her she couldn’t make any money with it sitting at home, drop the coffees off here at the shop. She dropped everything off on Thursday, Sept. 4th. Again we agreed that we would each get $2.00 for each can of coffee sold. I built my display and sampled my customers on Sept. 13th, selling out of Caramel Mochacinno coffee. I asked Jeanette on Sept. 15th, to order a “buttload” of Caramel Mochacinno for October, as I had planned to push Breast Cancer Awareness month. I also suggested that she consider purchasing another air pot, as we get closer to the busy holiday season, for double sampling. That evening, Jeanette immediately begins questioning, through messaging, my sampling and how expensive it is for her. I informed her that I could reduce the sampling bag by fourths, which reduces her cost to 0.52/day for me to sample the coffee. She then states I can use her air pot when she is not doing shows, but then breaches our agreement by stating, “I am going to have to make a heck of a lot more than $2.00 each to make it worth sampling two coffees.” I responded with, “I just can’t do any less than 25% ($2.00 each). I was sure you said before product was ordered we would split the profit above invoice, which you said was $2.00 each.” Jeanette then responded with, “Yep, $2/ea, it really makes little money for me…that is why I did not care whether you sold it in your shop or not…..I can always sell it through other venues.” The conversation immediately escalated on her end, and she began criticizing my business practices, how I run my shop, as well as attacking me personally; matters that had nothing to do with the original point of the conversation – selling coffee. One example being, “I don’t have a single other account that even talks like you do…I did not open a store, you did.” I told her that the conversation was escalating, taking on a life of its own, one that I didn’t care to participate in, and that I was leaving the conversation. Jeanette continued to try to argue and debate, with sales figures, market research (sampling research data from 1988) her own personal experience, stating how successful she is.
"
"I agreed to accept Jeanette’s Fireside Coffees on consignment, but not under these conditions. I carefully boxed up all of her items, placed them in my sales room, and when she arrived at the shop on Wednesday, Sept. 17th, upon seeing her boxed up merchandise, I calmly informed her our business relationship was over. She never questioned why, and instead began flailing her arms in the air, and shouted, “I will shout this from the mountain tops to whoever will listen.” She continued to shout false accusations, causing an uproar while one of my customers was standing in the room directly behind her. At that point, I motioned to her to leave immediately.
I have not violated territorial exclusivity with Fireside Coffees. The vice president of Fireside Coffees contacted me directly in July, on her own accord, via sales package delivery, and direct phone call. Jeanette does not have exclusive territorial rights to Fireside Coffees. Jeanette Canham’s ‘Suggestions to Others’ section of this claim, are completely slanderous. She threatened to ruin my business by slandering my good name. I take extreme offense to the serious allegations when Jeanette states I have “no integrity….is not invested in mankind, is invested in how much money you will spend in her shop, because of her financial losses suffered IN A PREVIOUS LITIGATION AGAINST HER BROTHER-IN-LAW AND OTHER PERSONAL LOSSES.” Jeanette’s attempt at bringing false accusations against my personal life and family member has no bearing on this case and will not be tolerated.
In conclusion, I have worked extremely hard to build my business with integrity. In light of Jeanette Canham’s accusations, and my responses to them, one can easily ascertain with whom the responsibility lies in this complaint. I do not feel I should be judged in a public online forum, and am more than willing to file a civil suit for slander and libel in Sevier County Circuit Court, where her accusations and my evidence can be judged fairly in a real court of law.
"