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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... |
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Well, M, I'll tell you what I think. I think they've blown their chance with you and if you keep giving them another try, it's going to put you into an untenable position if you end up having to sue in small claims court to get your money back, etc. I tell you why I say this. I hired a car repaiman once who turned out to be a scam artist. Instead of replacing the broken fly wheel as he had promised, he tried to weld it together. It kept breaking right away and I went back probably four times, each time thinking he would make it right this time. Finally, I got it to a real mechanic who told me what had been done. The guy would not give me a refund so I had to take him to small claims court. When I got there, what I thought was admirable patience on my part, giving the guy chance after chance, was counted against me by the judge. I did win the case, but it was more difficult because I had bascially kept putting up with the guy's bs. I put myself in a bad position by doing that. There's another rule - the rule of threes - I've read about. The first time there's a problem, it could be just a mistake. The second time, okay - maybe a misunderstanding. The third time, you're dealing with a pattern of behavior. What would I do if I were you? I'd tell them in no uncertain terms that they blew it, and how. I would put it in writing. I would demand your money back and that they cover the costs of returning this last one. If not, tell them you'll see them in court, that you will file a complaint with the Attorney General, the FTC, and whoever else you can, that you will broadcast your experiences to everyone you know. May I mention bedbugs are not a small thing. They can get in your house from this contamination and they do carry diseases. Enough already. Put an end to your misery and show them they can't do business this way. That's my advice. Bite the bullet - easier now than later. Good luck - my heart goes out to you. |
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I also think you should probably give up on Sleepy's. Sounds like you've already invested too much time and money into this & they have repeatedly broken your trust.
Make sure you document everything. Take pictures of the handprints on the mattress, bug, etc. |
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so sorry this has happened to you ! i would do exactly what willywinkie said...... and I would complain about the dirty hand prints. bummer. |
| Rereading your message, yes, definitely put the charge in dispute. The credit card company will hopefully go to bat for you and handle some of the dirty work. I would inform the dealer that you are doing that, and you expect them to remove the mattress free of charge. It's not your fault they delivered yet another defective mattress. And yes, it wouldn't surprise me one bit if the delivery men dirty it up on purpose, just so they can claim you damaged it and therefore can't return it - not one bit, unfortunately. So I agree, you'd better bring that up explicitly along with the other complaints. Your credit card company will want a write-up from you. You can ask them if they want you to send a letter to the merchant, as well. I know the credit card company will want you to have already told the merchant about the problem, and what their response was. I am assuming, of course, that they won't want to give you your money back or haul it away free of charge. They probably don't want more bedbugs in their warehouse, either. Pffft. |
| Contact your credit card company; they may be able to help. That would be the best if they can deal with it. weewillywinky has good advice. But I disagree with him; I would not give any one a third chance. I would have been pissed big time when I got the mattress with the sloping problems. I am wondering if they are sending out mattresses that are not new. I would NOT be giving them any more chances; they sound like total scumbags. And I even if they give you your money back, I would still contact the BBB and the attorney general. I would also be wondering if the department of health wanted to know about stores selling mattresses with bed bugs. Take pictures. |
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Thanks everyone. I am sincerely hoping that the bedbug was just a stow away that came in on the delivery man. I haven't seen anymore, and we didn't wake up with any bites on us. I'm really hoping that it was a stroke of good luck that I saw it and flushed it before it found a hiding spot and multiplied into a huge problem. When I noticed the smudge on the box spring during delivery yesterday, I took some pictures. We also got pictures of the other smudge when we noticed it, and then we got pictures of the crack when we noticed that. The guy we spoke to at Sleepys (John) said that he noted in the computer that we called last yesterday and that we had these issues on the day of delivery, so there should be no question as to when they occured and when they were first noticed. WeeWilly - I'm curious as to how giving the repair guy the benefit of the doubt by letting himself correct his mistake put you in a worse position in regards to your claim against him. Sleepswithcats - I have had the same thought in regards to sending out used mattresses. I simply can not think of any other excuse for why the first mattress we were given had such a "broken in" feel to it. We were told repeatedly by them that they destroy all mattresses that are returned, and they told in no uncertain terms that PA law prohibits them from selling used mattresses. However, what the law actually says is that it is illegal to sell a used mattress and claim that it is new. So they lied about the law, and I don't believe for one second that they actually do destroy the mattresses. I would bet that the mattresses that get returned get sent to the clearance center that is around the corner from the Sleepys we went to. Giving them the benefit of the doubt here, perhaps they just mixed up with mattresses we were supposed to recieve and sent us used ones by accident? In regards to the other suggestions about complaint to various agencies, I think that is definitely an avenue we plan on pursueing, but we have been debating whether or not it is worth waiting until the entire thing is resolved before taking that path. If we start making noise before it is resolved, Sleepys will either dig their heels in and make our lives more difficult, or alternatively, they may try to shush us up by working with us. I'm not sure what to expect from them at this point. |
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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. |
| 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. |
| It's possible that someone opened it to check it before delivery. But then again..... your conclusion is probably more likely given your story thus far. Cracked foam? Ugh. |
| Cracked foam? Do you have pictures you can share with us? I would think for latex it shouldn't be the case. As for the packaging I wonder...most beds are just shipped in plastic bags and they are usually heat sealed. However most beds I sell these days are wrapped in plastic and shipped in cardboard boxes, these are usually only taped shut as they simply don't require heat sealing or they don't want to melt plastic because they want to avoid any odour whatsoever. I wonder if this mattress is shipped to the retailer in a cardboard box or not. |
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m123 wrote: 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. ma Anyway, see these for more details. http://www.ehow.com/about_5340515_laws-resale-used-mattresses.html http://www.rtoonline.com/content/article/Apr08/ISPA-UsedMattressEnforcement042508.asp |
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weewillywinky wrote:
ma
There are several mattress liquidators I found in Florida, and on at least one of their websites they state that they get their mattresses through multiple ways including customer returns. They discount them extremely heavily but still...
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Budgy - I do have pictures. I'm going to try to post them but I'm not entirely sure how, so if they aren't showing up, it's because I didn't do it right. Also, the Pure Latex Bliss mattresses have an inch of foam under the latex. It's the foam that's cracked, not the latex. We measured how deep the crack is, and it's about an inch, so the crack basically goes all the way to the latex and then stops. WeeWilly - I don't think I came across the sites you linked to, but I did some googling as well and found pretty much the same info.
The first picture is the mattress we still have in the house, so the third delivery. The second picture is the mattress we didn't accept delivery of today. The dark line in the yellow area in the crack. This message was modified Jun 6, 2011 by m123
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Okay, here's a shocking update for you. We just got an email from the guy we spoke with earlier. He forwarded our request for a refund to his manager, and she approved it! He said he'll be contacting us tomorrow to arrange the pick up of the "merchandise" for Wednesday. So now I guess it back to the drawing board for which mattress to buy. Any suggestions? haha |
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m123 wrote: Okay, here's a shocking update for you. We just got an email from the guy we spoke with earlier. He forwarded our request for a refund to his manager, and she approved it! He said he'll be contacting us tomorrow to arrange the pick up of the "merchandise" for Wednesday. So now I guess it back to the drawing board for which mattress to buy. Any suggestions? haha |