Hey everyone I have a delimma . We recently went and purchased a new mattress and box springs. We decided to finance it due to the zero percent interest if paid off in 6 months which was no issue. The bed comes with a 15 year warranty. We've had it almost 2 months and a seam has come apart and needs repaired. I call the store I bought it from and was given the run around and blown off for two weeks. Prior to this I had called right after the 30 day mark and told them I wasn't completely satisfied with the comfort of the bed. (They offer a comfort guarantee after a 30 day trial period " when I Called I was basically told i am crazy and this is the best they sell and to give it more time. To save my trouble arguing I said OK fine. Well then we notice the tear on the mattress and after 2 weeks of fussing and saying they don't do appointments and they just show up when they can they finally managed to be here when someone was home. They guy who came out was the owner who inspected it and said it's common but will never hurt the bed and he would give us a set of sheets to cover it up. We'll obviously I am not OK with that solution and said no I'd like it properly fixed or replaced. They then call the mattress company and said "since I am so picky that they'd be willing to fix it if we paid to send it in but it may take 6 weeks and in the mean time I'd have no bed. I told them I am not to picky and that won't work I need something to sleep on. The owner offered me a bed that was a used bed and was about 10 years old and was donated to them from a customer who bought a new mattress to go to charity. Now they denied replacement of my mattress because of "normal wear" their term mind you. There is a very slight discoloration on the edge of the mattress from the bed protector they sold us. And I do mean very slight very hard to see. But since it has this slight blemish caused by the protector they sell I cannot have a new bed and am forced to send mine in to get repaired and wait a month or two. Now I am pretty upset being told that being unsatisfied with a 3 inch hole in the side of my mattresses is being too picky. And the way I've been treated the entire time is just incredibly terrible. My question is this since their warranty says it's covered for 15 years and they'll replace it at anytime unless it has major stains or tears and says this excludes minor normal wear and use and they obviously have zero intention of honoring that is there a way I can tell them I don't want it any longer because they didn't keep their end of the contract and get out of it? I obviously don't want to pay 1200 for something like this I expected better quality and that's what they sold me when I bought it. I asked tons of questions about the warranty and every thing. And now I'm on the hook for a 1200 mattress that is a complete pile of garbage and the company doesn't honor their warranty. What can and should I do? I don't want to be a [censored]. I just want to be treated fair. Sorry the post is long winded I've never had an experience like this and just want some thoughtful advice. Thanks everyone.
how to handle a poor product and poor service
- Thread starter ram_man
- Start date
- Status
- Joined
- Dec 30, 2006
- Messages
- 29,558
They sound like a bunch of douchebags. Is it a mom and pop or corporate chain store?
Unfortunately you should have followed your gut and had them take it back before the 30 day return policy.
However tell them that the product is not living up to
a standard definition of implied warranty of merchantability.
It is obvious that the quality of the product is not going to hold up for 15 years much less 15 weeks. Tell the store you want a full cash refund or exchange for a factory NEW product of equal value or you are going to take him to small claims court. It will only cost you 50$ to bring your case, but usually businesses will cave because you will win the case. I'd personally push for a full refund because the people running the business sound shady.
However tell them that the product is not living up to
a standard definition of implied warranty of merchantability.
It is obvious that the quality of the product is not going to hold up for 15 years much less 15 weeks. Tell the store you want a full cash refund or exchange for a factory NEW product of equal value or you are going to take him to small claims court. It will only cost you 50$ to bring your case, but usually businesses will cave because you will win the case. I'd personally push for a full refund because the people running the business sound shady.
Last edited:
Nick1994
$100 site donor 2024
Originally Posted By: antiqueshell
Unfortunately you should have followed your gut and had them take it back before the 30 day return policy.
However tell them that the product is not living up to
a standard definition of implied warranty of merchantability.
It is obvious that the quality of the product is not going to hold up for 15 years much less 15 weeks. Tell the store you want a full cash refund or exchange for a factory NEW product of equal value or you are going to take him to small claims court. It will only cost you 50$ to bring your case, but usually businesses will cave because you will win the case. I'd personally push for a full refund because the people running the business sound shady.
+1 Exactly what I was about to say. Don't be afraid to tell them to take it back and give you your money or you will take it to small claims court. If they deny then go straight down and file the paperwork to sue them, it's actually not that hard at all.
Unfortunately you should have followed your gut and had them take it back before the 30 day return policy.
However tell them that the product is not living up to
a standard definition of implied warranty of merchantability.
It is obvious that the quality of the product is not going to hold up for 15 years much less 15 weeks. Tell the store you want a full cash refund or exchange for a factory NEW product of equal value or you are going to take him to small claims court. It will only cost you 50$ to bring your case, but usually businesses will cave because you will win the case. I'd personally push for a full refund because the people running the business sound shady.
+1 Exactly what I was about to say. Don't be afraid to tell them to take it back and give you your money or you will take it to small claims court. If they deny then go straight down and file the paperwork to sue them, it's actually not that hard at all.
what store name or mattress name please
Buying a mattress is just about the only thing worse than buying a used car.
Is it possible that the people who don't make it selling used cars... they then go and sell mattresses?
The one exception, is we have a locally owned business who actually MAKE the mattresses right in their own shop (you can watch them if you want). They'll actually show you the materials that they use to make the mattresses, and the differences in the quality between them.
And since they make them in house, they DO stand behind them.... and they're not painfully expensive either. Plus, they're still two-sided. Yep. You can still flip them.
With a hometown option like this, I refuse to even consider any of the national name brand mattresses.
Is it possible that the people who don't make it selling used cars... they then go and sell mattresses?
The one exception, is we have a locally owned business who actually MAKE the mattresses right in their own shop (you can watch them if you want). They'll actually show you the materials that they use to make the mattresses, and the differences in the quality between them.
And since they make them in house, they DO stand behind them.... and they're not painfully expensive either. Plus, they're still two-sided. Yep. You can still flip them.
With a hometown option like this, I refuse to even consider any of the national name brand mattresses.
Mattress warranties are a crock. I read mine, it's laughably bad. We have to flip it over every 30 days, and rotate it head-to-foot as well. Presumably, keeping a log is also mandatory. They'll warranty spring sag but only if one side is two inches lower than the other, etc.
Then when you go to buy a mattress, it's called the "Royale" in one store and the "Carnivale" across the street.
Sadly your financing is through the store, so you can't charge-back your credit card to get their attention.
I would just bring the POS mattress to the store, dump it in their showroom, and give them a nicely typed note saying you're breaking the contract due to lack of merchantability and suitability. Look up your state laws and quote law chapter & verse numbers.
Don't bring a used mattress in your house. Bedbugs.
Sadly this is one of those things where sending it back and waiting for a response is inconvenient. They're counting on this.
Then when you go to buy a mattress, it's called the "Royale" in one store and the "Carnivale" across the street.
Sadly your financing is through the store, so you can't charge-back your credit card to get their attention.
I would just bring the POS mattress to the store, dump it in their showroom, and give them a nicely typed note saying you're breaking the contract due to lack of merchantability and suitability. Look up your state laws and quote law chapter & verse numbers.
Don't bring a used mattress in your house. Bedbugs.
Sadly this is one of those things where sending it back and waiting for a response is inconvenient. They're counting on this.
I must have not made it clear it was late and maybe I said it wrong. The sleep guarantee they offer doesn't start till after 30 days . You have to try it out for 30 days before they will take it back because they say that gives you time to adjust. So I waited exactly 30 days like they ask you to do and then told then I wasn't 100% happy with the product.
Sounds to me that your best recourse is small claims court.
Before that however, I would invest $100 and go consult with an attorney ( granted this is only $1200 and you may wind up spending a few dollars but that's based on how much your peace of mind and satisfaction is worth)
I give that recommendation because I do a good deal of warranty litigation on industrial equipment and basically its the same set of rules. Ask the following:
Review the warranty to make sure whatever defect is actually covered.
Ask if your state has any additional expressed or implied warranties of merchantability, performance or anything else. ( always remember, warranties from OEMs do carry legal force but state laws trump them)
Document everything you did from the first sign of trouble and put it on a timeline ( courts can and do use that "reasonable standard" to gauge things by which can neutralize any OEM time restrictions)
Then let the professional guide you.
You may have to eat it or you may be able to get made whole plus possible ancillary compensation.
But you wont know and get piece of mind/closure until you ask.
Before that however, I would invest $100 and go consult with an attorney ( granted this is only $1200 and you may wind up spending a few dollars but that's based on how much your peace of mind and satisfaction is worth)
I give that recommendation because I do a good deal of warranty litigation on industrial equipment and basically its the same set of rules. Ask the following:
Review the warranty to make sure whatever defect is actually covered.
Ask if your state has any additional expressed or implied warranties of merchantability, performance or anything else. ( always remember, warranties from OEMs do carry legal force but state laws trump them)
Document everything you did from the first sign of trouble and put it on a timeline ( courts can and do use that "reasonable standard" to gauge things by which can neutralize any OEM time restrictions)
Then let the professional guide you.
You may have to eat it or you may be able to get made whole plus possible ancillary compensation.
But you wont know and get piece of mind/closure until you ask.
If the store supplied the financing your state may have laws that puts the finance company on the hook as well as the store. You need to look into that.
I purchased a heater, a/c system from an HVAC contractor. He went out of business before the job was completed and the bank said they still wanted their payments. I hired a lawyer and with this co-guarantee law the bank was forced to hire a new contractor to finish the job and my lawyer negotiated a 10 year extended warranty that covered everything. I had a system melt down at 6 years and everything was replaced with all brand new stuff under this extended warranty. My lawyer told me the bank knew about the law and just tried to bluff me into paying for something I did not receive.
Do some research. It could be worth the trouble.
I purchased a heater, a/c system from an HVAC contractor. He went out of business before the job was completed and the bank said they still wanted their payments. I hired a lawyer and with this co-guarantee law the bank was forced to hire a new contractor to finish the job and my lawyer negotiated a 10 year extended warranty that covered everything. I had a system melt down at 6 years and everything was replaced with all brand new stuff under this extended warranty. My lawyer told me the bank knew about the law and just tried to bluff me into paying for something I did not receive.
Do some research. It could be worth the trouble.
Unfortunately, I think that you may have waited too long in regard to the retailer. I would have been in there raising cain prior to the 30 day mark.
You may find yourself dealing with the manufacturer. That is where things get sketchy. In my experience, I had better luck with the retailer.
We purchased a Serta mattress about 20 years ago from a major furniture store where I live. In < than 60 days, my side of the bed had such a pronounced sag to it that I could lay down on the bed and feel myself literally sliding out of the bed. Went to the store and complained and they sent a Serta rep out. He acknowledged the problem and said that he would not authorize a new boxspring (even though it had noticable tilt to it) but he would authorize a new mattress. Best I could get out of him was that we would "wait and see" if that solved the problem.
Totally unacceptable. Went back to the store and got the manager of the store and the manager of the Mattress department together. After a somewhat heated discussion, they authorized a replacement mattress/boxspring the same as the one we had. Problem: they had discontinued the set. We ended up with a Sealy Posturepedic as a replacement for the same cost. It went 10 years. We bought a Select Number as a replacement and will never go back to a traditional mattress again.
My suggestion is go back to the retailer and work your way up the ladder. Take a legal pad in the store and ask the manager for the name of the district manager and his boss, etc with phone numbers and record those. Continue until you reach the owner and/or president of the company (I found this particularly effective once, never had to use any of those names or numbers.) If your local media has a consumer section, attempt to engage them. After all that, then I would go the small claims route as a total last resort.
Unless you bought from a total sleazeball retailer, working your way up the chain with the retailer should solve the problem.
You may find yourself dealing with the manufacturer. That is where things get sketchy. In my experience, I had better luck with the retailer.
We purchased a Serta mattress about 20 years ago from a major furniture store where I live. In < than 60 days, my side of the bed had such a pronounced sag to it that I could lay down on the bed and feel myself literally sliding out of the bed. Went to the store and complained and they sent a Serta rep out. He acknowledged the problem and said that he would not authorize a new boxspring (even though it had noticable tilt to it) but he would authorize a new mattress. Best I could get out of him was that we would "wait and see" if that solved the problem.
Totally unacceptable. Went back to the store and got the manager of the store and the manager of the Mattress department together. After a somewhat heated discussion, they authorized a replacement mattress/boxspring the same as the one we had. Problem: they had discontinued the set. We ended up with a Sealy Posturepedic as a replacement for the same cost. It went 10 years. We bought a Select Number as a replacement and will never go back to a traditional mattress again.
My suggestion is go back to the retailer and work your way up the ladder. Take a legal pad in the store and ask the manager for the name of the district manager and his boss, etc with phone numbers and record those. Continue until you reach the owner and/or president of the company (I found this particularly effective once, never had to use any of those names or numbers.) If your local media has a consumer section, attempt to engage them. After all that, then I would go the small claims route as a total last resort.
Unless you bought from a total sleazeball retailer, working your way up the chain with the retailer should solve the problem.
Does your local TV have a consumer reporter? Threatening to call them works wonders.
John
John
Originally Posted By: OneEyeJack
If the store supplied the financing your state may have laws that puts the finance company on the hook as well as the store. You need to look into that.
I purchased a heater, a/c system from an HVAC contractor. He went out of business before the job was completed and the bank said they still wanted their payments. I hired a lawyer and with this co-guarantee law the bank was forced to hire a new contractor to finish the job and my lawyer negotiated a 10 year extended warranty that covered everything. I had a system melt down at 6 years and everything was replaced with all brand new stuff under this extended warranty. My lawyer told me the bank knew about the law and just tried to bluff me into paying for something I did not receive.
Do some research. It could be worth the trouble.
To the OP this is also excellent advice and very true. We do a limited amount of commercial stuff and we are bonded for the job but I make sure every sub bonds also just for the reasons you stated.
If the store supplied the financing your state may have laws that puts the finance company on the hook as well as the store. You need to look into that.
I purchased a heater, a/c system from an HVAC contractor. He went out of business before the job was completed and the bank said they still wanted their payments. I hired a lawyer and with this co-guarantee law the bank was forced to hire a new contractor to finish the job and my lawyer negotiated a 10 year extended warranty that covered everything. I had a system melt down at 6 years and everything was replaced with all brand new stuff under this extended warranty. My lawyer told me the bank knew about the law and just tried to bluff me into paying for something I did not receive.
Do some research. It could be worth the trouble.
To the OP this is also excellent advice and very true. We do a limited amount of commercial stuff and we are bonded for the job but I make sure every sub bonds also just for the reasons you stated.
- Joined
- Dec 30, 2006
- Messages
- 29,558
If the store you bought if from is a chain,get ahold of their corporate office. If it's a mom and pop,deal directly with the owner only and have all paperwork in hand.
If you paid with a credit card,dispute the charges immediately.
If you paid with a credit card,dispute the charges immediately.
It is a small business they own three stores. I have been dealing with the owner and wow what a shady character. And as I said before they won't do anything for you until you have had it for at least 30 days after 30 days they say they'll replace it but before that they want you to just try it out and live with it for at least a month. The company I financed it through was a finance company they offered but not them directly. Not sure how that affects things
I read the OP last night, and literally went.
You are dealing with scumbags!
It would not have been so bad if you had paid by credit card, you could have stopped payment.
That gets their attention!
But not you will likely have to grind it out in small claims court.
My advice: Push on, I would not waste too much time talking to the SB's, they are probably very good at that!
Get your money back and take it elsewhere more reputable, and pay by CC.
Buying from a manufacturer can give you a much better product at a much better price.
99% of Bed sales are rip offs.
You are dealing with scumbags!
It would not have been so bad if you had paid by credit card, you could have stopped payment.
That gets their attention!
But not you will likely have to grind it out in small claims court.
My advice: Push on, I would not waste too much time talking to the SB's, they are probably very good at that!
Get your money back and take it elsewhere more reputable, and pay by CC.
Buying from a manufacturer can give you a much better product at a much better price.
99% of Bed sales are rip offs.
- Status
