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I'm going to sum this up because the full typed out saga is 2.5 pages long. We bought a Sleep to Live 600 from Sleepys. The first mattress they delivered was defective and they replaced it. The second one was nothing like the floor model and the mattress sloped from the blue side to the green side. They tell us our only option is to do a comfort exchange but we get them to waive the fees. We do a comfort exchange and get a Pure Latex Bliss Nature. The PLB was delivered today. The delivery guys got big dirt smudges on the mattress on the side that ever so conveniently was placed incorrectly up against the headboard. I say incorrectly because the mattress was not oriented correctly and we can to rotate it 90 degerees. After the delivery guys leave, I notice a bug. I look up bedbugs on the internet and start to get very nervous when I realize the bug I saw looked like the bedbug images on the internet. When my husband gets home, we rotated the mattress and unzip the mattress cover that the mattress came in to check for bedbugs. When we unzip it, we notice that the foam has one very long continuous crack. We called Sleepys and were told to call 1800Sleepys. Customer service was already closed for the day, so we'll call back tomorrow. We've now had issues with 3 mattresses from this company and they are unable to deliver a product that is not defective. What would you do at this point? Obviously I'm going to give them a chance to do the right thing tomorrow and just let us return the mattress and give us a refund, however, we all know that's not going to happen. I'm thinking out only option is to file a credit card chargeback. Does anyone have any suggestions or ideas on how to handle this? I should also mention that their delivery guys have gotten dirty hand prints on all three of the matresses of they have now delivered. Do they do that on purpose because they know it will void the warranty or something? I even asked the delivery guys to wash their hands 3 times today before I had to insist they do so before opening the plastic on the mattress. Only after insisting did they put on gloves... |
| Another update. I filed a dispute over the charge with the bank today. The bank just called me back and said that because Sleepy's was willing to exchange the mattress, we can't dispute the charge. So, at this point, our only option is to accept a fourth delivery or take them to small claims court. |
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Perhaps it would be in your best interest to go pick up the mattress yourself. You can then inspect it before you leave the store/warehouse. And I don't believe all these returned mattresses are "destroyed". I do believe that delivery people can do a lot of damage which might account for some of what you saw. None of the Sleepys stores have BBB accreditation. Perhaps this is a lesson to all of us to pay attention to return policy when spending so much money. I don't see any money back if you are not satisfied; just a 21 day comfort exchange. Good luck on getting this resolved. Note to self: Never purchase a mattress from sleezys, er sleepys. |
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M, you asked for clarification as to why my tolerance in giving the scam mechanic chance after chance to fix my car weakened my case. The judge expressed some disbelief that it was as bad as I said it was because i kept going back and giving him another chance. He thought if I wasn't happy with the repairs, then I obviously would not have kept going back for more of the same. The viewpoint he expressed could perhaps be analogous to domestic violence relationships where if the victim keeps going back for more, the system throws up its hands in disgust, and says the victim is either crying wolf or asking for more of the same foreseeable abuse. I learned that you take a risk if you tolerate b.s. from a business but keep going back for more of the same and at the same time, or shortly thereafter, ask the court to fix it for you. It forces you into a compromised position, getting implicated in a pattern of bad dealings. And yes, believe it - the delivery guys definitely could be getting those items dirty in purpose to try to prevent returns. What could be easier than that? |
| If the bank won't work with you because the bad actor says they will (for the fourth time) "fix" the problem, then I think you're back to square one. I wouldn't take another chance with them - no way, unless I was absolutely forced and had no other possible way out. I would tell them in no uncertain terms that you are rejecting the purchase, will be filing a complaint with the consumer complaints division in your state (and/or another state if you ordering from out of state), will be publicizing their business practices, and will see them in court. It's cheap to file a small claims action and you would win it, as long as you document everything. If they are out of state, you can still get a judgment, and enforce it. Good chance they'd settle with you rather than risk the exposure, but I think you will need to play hardball. And don't assume because you found one bug there aren't more. Chances are, if there is one, there are more. Not a small problem at all. Have you read what it takes to eradicate bedbugs? No easy task. Don't minimize it, don't give them the benefit of the doubt. That's my advice - take it or leave it! And, yes, I am an attorney, but not licensed in your state, no doubt. You could get representation in small clams court and get your attorney fees back, fi the attorney does a decent job. Send them a certified letter (on attorney letterhead, if possible) and tell them exactly which end is up. Don't play nice. They're not being nice with you, unfortunately. |
| goodgosh..... i know i would be mad!! |
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m123, that is why I went with FloBeds in May 2007 for my bed since I wanted a company that had a full return policy as well as exchanges so I was not forced to keep a bed I could not get comfortable in. It was time consuming but worth it since I love my bed right now as it is the set-up that is best for me. Before FloBeds.com, I had nothing but problems with Rockaway Bedding in NJ (they went out of business) and with Sleepys so I really feel for you. I would take them to small claims court and not accept a 4th mattress. If the credit card company will not help you dispute the charge, I would show them this website and also let everyone know which credit card you are using that will not be on your side to make users beware of using that card for any major purchases. Again, I am so sorry for what you are going through. It is 100% Sleepys fault. |
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I've had my own issues with Sleepys and they won't refund. So far we have been happy with our 5th mattress replacement. But, if we have future issues, I will contact my husbands legal services and have them deal with the issue, and get our money back. As for your future deliveries a HUGE word of advice. I use to drive for North American Van Lines and hauled electronics equipment. If something happened to the equipment during delivery, whether I did it, or one of my $10 an hour hired day laborers damaged it without me knowing, and there was not a note made on the bill of lading concerning the damage. Then I or the Van Lines were not liable. This next mattress delivery, thoroughly inspect that mattress before you sign, any issues make FULL notes on their portion of the bill, then sign and give him his fully noted copy. My last mattress delivery ended up with the drivers snagging my mattress, a small snag, but still something that would void a warranty. Low and behold when I called customer service about it, they had to contact the driver to verify a notation was made on the bill I signed. Also check your states laws. I've heard some states are allowed to sell "used" mattresses that were comfort exchanges. |
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Good points made by many! To Sereya's tip about writing comments about any damages on the bill of lading, I would add that it would be a good idea to make a copy of it for your own records, if at all possible (my computer printer allows me to make copies - maybe yours does, too). I've just seen too many documents go missing, or be altered by the responsible parties, particularly when money is involved. Good luck - a lot of good advice on this forum. What a great resource you all are! |
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m123 wrote:
Just a little update. My husband spoke to customer service. The representative said he spoke with a supervisor and they are unable to let us return the mattress and get a refund, and they said that our only option is to exchange the mattress for another new one.
We are still debating which route we want to take. Ideally, they would deliver the fourth mattress and it would be in new and undamaged condition; however, the main word there is fourth. It would the fourth time we trusted them to deliver a mattress is acceptable condition and they have failed three times. We obviously have no reason to think the fourth time would be any different. I think we're leaning towards just filing a chargeback at this point. But personally I think you have grounds for a small claims court case here and if you start talking "sue" they'll get nervous and give in. Do not pay a DIME to have your mattress exchanged if that's what you decide to do. In fact they should give you free pillows or something just for NOT suing them or creating a stink. You might mention that you "will" go on the net and bad mouth them if they don't give you a 100% FREE exchange... Know that ANY stain on a mattress VOIDS THE WARRANTY. So when it was delivered they delivered it with a voided warranty due to the dirt... I personally think that talking with the Regional Manager (demand his #!) will get this resolved quicker and easier if you use the above method. This message was modified Jun 6, 2011 by jimsocal
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I'm not sure if anyone really cares, but I have another update for you all. They just tried to delivered the fourth mattress, which would be our second Pure Latex Bliss Nature. Before they even got it upstairs I had to tell them we were refusing delivery because the bag had been taped shut and was partially opened. Additionally, when they were taking it back out of the house, we could see that the bottom layer of foam was crack all the way up the center of the mattress. We have pictures of all of this. If the mattress does not arrive in a sealed bag, and had been previously taped shut, doesn't that pretty much mean that it's a used mattress? I mean, all three mattress that they have removed from my home they have put into the plastic that the (supposedly) new mattress arrived in and taped up, just like how the "new" mattress arrived today. So, please tell me if I'm making an unfair assumption here, but I it seems to be fair to conclude that the mattress they tried to deliver this evening very well could have been in someone else's house and very well could have been slept on, or in other words, a used mattress was sold to us as new. That's illegal, no? A few days ago I posted a complaint on Ripoffreport.com, and Cathy Sable responded with the usual "customer service is very important to us, etc etc, please email at...". Well, we did email her, and have no heard back. We have also filed a complaint with the BBB. I am really hoping that this can be resolved without going to small claims court. |