Sleepy's

Review: In 2009 I purchased a mattress/box spring and a mattress cover from Sleepys. I was told that he mattress cover had a warranty of 10 years and that if anything every happened to the mattress it would be covered. I purchased a sleep number mattress from a different store and put the cover on the new mattress and over time part of the covered feel apart and caused my mattress to become stained. I called the mattress cover company and they told me that because I put the cover on another mattress they would only replace the mattress and not cover the damages. When I purchased the cover at no time did Sleepys state that if I put it on a different mattress the warranty would be void.I contacted Sleepys and they will not cover the cost of damages, because they said it is not their responsibility to inform me of this information.Desired Settlement: I would like Sleepys to cover the cost of a new outer material for my sleep number mattress.

Business

Response:

Case: #[redacted]

On October **, 2009, [redacted] purchased from Sleepy’s a Sealy king size set, some pillows with pillow

protectors as well as a king size mattress protector.

On January **, 2010, [redacted] contacted our Customer Service Department claiming the Sealy king size

mattress was sagging. Since this is was what would be a potential warranty

issue, we coordinated for an inspection of the merchandise. Sleepy’s dispatched

a third-party independent inspection company to [redacted]’s home and the

inspection results revealed that the mattress met the manufacturer’s standards,

therefore, it was not defective. Pursuant to the terms of the warranty,

Sleepy’s denied [redacted]’s request to replace the mattress.

Dissatisfied with the outcome and not being able to exchange, [redacted] purchased a new set

of bedding from a different retailer. Upon using the king size mattress

protector, the mattress protector failed causing a stain on her mattress. [redacted] contacted Fabirtech whom the manufacturers the mattress protector to

file a claim. [redacted] was informed that because she was using the mattress

protector on a different mattress than the mattress it was originally purchased

with in 2009, they would only be able to replace the mattress protector but not

have her current mattress cleaned. Dissatisfied with this response, [redacted]

filed a complaint with your agency.

Upon receipt of this complaint from your office, a Customer Relations Representative

contacted [redacted] informed the stain affected the cover of her

mattress, which is removable. Upon [redacted] reaching out to the manufacturer

of her mattress, she was informed the mattress covered had to be replaced and

could be washed in any fashion. Although the warranty agreement for the

Fabritech mattress protector was not adhered to, Sleepy's offered [redacted] a

partial refund to cover part of the cost she would incur in purchasing a new

cover for her mattress. A check was mailed to [redacted] via certified mail on

June **, 2014.

Since we have resolved [redacted]’s complaint to her satisfaction, we believe no

further action is necessary. If you have any further questions please contact

[redacted] at ###-###-#### or [redacted].

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me, but as of today's date I have not received a certified letter with the check enclosed. Once I receive the check I will consider this matter closed, but until then I would like it too remain open.

Sincerely,

Review: On [redacted], 12/**, I visited a showroom in [redacted] to inquire about purchasing a mattress. I decided not to purchase that day, but the salesman made an offer anyway and explained that I should lock in the price with a deposit and think the offer over. If I decided against the price, the deposit would be fully refunded. I would just need to come in to cancel the purchase, and the refund would be processed. I left a deposit of $200. The following day, after thinking it over, I came back to the Showroom and informed the salesman that I would be cancelling the order. He asked the reason for my cancellation, and then said no problem. He said he was putting it in for cancellation. On 12/*, I sent an email through Sleepy's website and was told that the cancellation had not been processed yet, and that it could not be processed until someone from the Sales Department had contacted me. The email also said that a 2nd cancellation request would be put in. I was told that they would contact me on the morning of 12/*. I called the Sleepy's hotline on the afternoon of 12/*, and was told that the cancellation was still not processed and could not be processed until someone from the Sales Department had contacted me. The person on the line, said that he would submit yet a 3rd cancellation request. This is unacceptable that I have to wait over 5 days for a cancellation request to be processed, not to mention that after the request is processed, I will still have to wait an additional 7 to 10 days for my refund to be credited back to my account.Desired Settlement: I am requesting that my cancellation be immediately processed and for the $200 credit to be immediately returned to my card.

Business

Response:

Case#: [redacted]We have reviewed [redacted]’sclaim and are pleased to advise the complaint filed by [redacted] isresolved. On December*, 2014, Sleepy’s processed the refund of $200 which wasreturned to the Visa card on file ending in [redacted]If we can be of any furtherassistance or if you should you should require additional information, pleasedo not hesitate to contact [redacted] at ###-###-#### or at [redacted].

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me and the matter has been resolved.

Sincerely,

Review: After less than two years of owning my mattress, the mattress began sagging terribly. I contacted the warranty department, and they informed me that the sag of the mattress was not enough to replace it. I explained that it's causing extreme back pain, and I have a significant health history that includes [redacted]. The warranty company, [redacted] informed me that "your comfort is not covered by the warranty". I could not find the Sleepy's in [redacted] from the list where I purchased the mattress.Desired Settlement: I would like a replacement or refund.

Business

Response:

Case #: [redacted]Sleepy’s is in receipt of your inquiry regarding [redacted]. We were surprised to receive this complaint from your office considering there has been a pending store credit available for [redacted] to utilize in the amount of $791.61, reflective of the consumers invested amount. In regards to the consumer’s request of a monetary refund we are unable to honor that request. The manufacturer advises in his legal limited liability warranty: We hereby warrant (to the original purchaser) this mattress and foundation for the warranty period of purchased set against defects in material and workmanship (other than the cover). In the event that service resulting from such defect is required during the warranty period, your mattress/foundation will be repaired without charge at our nearest production facility. If identical materials are not available at the time of repair, we reserve the right to substitute materials of equal quality. As stated above the manufacturer does not offer monetary refunds, they reserve the right to request the consumer’s mattress to their manufacturing plant for repair and return back to the consumer. Thus, the consumer being responsible for the cost of transportation, however; in [redacted]’s case the mattress will be replaced with a selection of her choice. In the event [redacted] exceeds the invested amount she will be responsible for the difference in price. At this time it is the responsibility of the consumer to proceed to her local showroom and complete the warranty claim process. Since we have reviewed the consumer’s complaint and advised of the previously issued store credit, we believe no additional responses are required at this time. If I can be of further assistance or should you require additional information please do not hesitate to contact me Chanda N[redacted] at ###-###-#### or [redacted]

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me and the matter has been resolved.I would also like to add that the reason I received the pending store credit was because of the Revdex.com complaint I filed. Initially Sleepy's offered nothing, and this complaint triggered the response of the credit. In addition, I received a call yesterday (8/**/15) from a representative of Sleepy's asking me why I didn't use the credit yet, and why I complained to the Revdex.com. The representative seemed somewhat clueless to the fact that I had a conversation with her associate on 8/**/15 about this very issue. The representative from yesterday's call was rude and belittling. She also stated that I was not being truthful about what the rep told me to do on the call from the [redacted], which was to wait for the Labor Day sales to go and get the new mattress. The rep from yesterday's call stated that all the conversations were recorded. I told her that she is welcome to review the call from the [redacted]. I believe she did, because after putting me on hold for 5 minutes she came back with a more appropriate and respectful tone.

Sincerely,

Review: I purchased a Serta Perfect Sleeper Stickland Supreme Plush mattress from Sleepy's. I tested the mattress in the store and found it very comfortable. I received the mattress the next day. After unwrapping the mattress was way too hard. The mattress in the store was very soft and comfortable and I was told it was comparable to my posture pedic harborhouse mattress. I called the 866 number and went to the store and was told the mattress was probably mislabeled as Plush but was actually firm. Sleepys agreed to replace the mattress with an identical one. The next day I waited for another delivery. The delivery men left the mattress and again it was too hard. I called the 866 number and was told by [redacted] that I could replace the mattress with a different model and that the disposal fee and the delivery fee would be waived and that the price of the new mattress could be "worked on." I went back to the store the next day. The rep in the store was very rude and said no fees would be waived and they could not work on the price. I was also informed that it was impossible to get a refund. I then proceeded to call the 866 number again. I spoke to [redacted] who could not help me. I spoke to his [redacted]. She was also able to do nothing. Finally I spoke with [redacted] who agreed to waive the shipping and the disposal fees. He then proceeded to take a couple hundred dollars off of the price of the new mattress but I would still be required to pay over one thousand dollars. [redacted] then changed his mind and stated the delivery fee could not be waived and that I could not pick the mattress up myself. I asked for a refund but [redacted] said that would be illegal under the law.

Sleepy's behavior has been unfair and deceptive. If the mattress in the store had actually been representative of the feeling of the mattress that I received I would never have purchased the mattress. It was the only mattress in my price range at Sleepy's that I found comfortable. I would have gone elsewhere and found a comfortable mattress in my price range. Instead I was basically forced to pay over $1000 extra to get a comfortable mattress.Desired Settlement: I am requesting a refund in the amount of $999 plus tax in order to make up for the difference in price between the two mattresses. I would also like to know what law states that I cannot receive a refund

Business

Response:

Case #: [redacted]

Review: I purchased a King size mattress set from Sleepy's on Saturday, December **, 2013 with a confirmed delivery of Sunday, December **, 2013. The delivery people showed up with PART of my order: the mattress and one king box spring. They told me they had loaded one king and one queen by accident. The delivery man put me on the phone with customer service. The group of people at Sleepy's customer service center (I have dealt with six different people) are the rudest, least helpful people I have ever dealt with. I get better service from my local City government. The first customer service representative I dealt with, a man named [redacted], assured me that I would receive the rest of my order the next day between 6 and 10 pm. This was also confirmed by the sales person at the location of purchase. I also confirmed this on Sleepy's automated service delivery confirmation line. No one showed up or called me on the date they were supposed to deliver. I called the customer service center again this morning and was informed that my delivery had never been scheduled. I attempted to discuss options of returning my partial delivery and was told by the [redacted], that they did not accept returns. She offered me no apology and merely said they could get it to me either tomorrow or next week. I live in a very small home which is being overtaken by this partial delivery and have been dealing with a company that does not care. There are no other options available to me as far as I have been told by customer service. I just expect better from a company that operates in a highly competitive field for a profit.Desired Settlement: I would be appeased if this company would give me the absent box spring for free since I cannot return the ENTIRE order.

Business

Response:

Case #: [redacted]

On December **, 2013, [redacted] expected a delivery of a Sealy king

size mattress and two king size split box springs. Due to an error, [redacted] received one king split box and one

queen split box spring. At the point of

delivery the driver’s left the king mattress and one split king box spring and

removed the queen split box spring. [redacted] waited the next day to receive the second king size split box spring and

due to a glitch in our computer system it never arrived. [redacted] finally received the correct box

spring on December **, 2013.

Upon receipt of the complaint from your

agency, Sleepy’s Customer Relations representative reached out to [redacted] and

offered complimentary pillows and sheets to apologize for any inconvenience we

may have caused her.

Since we have satisfactorily resolved [redacted]’ complaint we believe no further action is required at this time. If you have any questions please contact [redacted] or ###-###-####.

Review: My wife and I purchased a Kings Down Sleep to Live 300 series mattress in 2011 and just as many other complaints found online say, the mattress is sagging approximately 1.5-2 inches and is the primary reason for my wife's chronic back issues being exacerbated. We contacted Sleepy's and they sent an inspector who literally used a yard stick to calculate the sag. They deemed the mattress defective and and told us to head to the Sleepy's store where we could ask for a replacement mattress. When we arrived at Sleepy's we were informed that the Kings Down mattress we owned has been discontinued and that we have $1137 store credit to purchase another mattress, however, there was no mattress of similar (alleged) quality for that price. I settled with the fact that I was going to have to pay more for a mattress of the same quality, so next I inquired about the box springs and delivery fee of a new mattress. I was told that I would not be reimbursed for the box springs I purchased, even though the mattress and box springs were sold as a set. In addition, if I chose to buy a mattress alone and not a set including box springs, I would not be eligible for any type of warranty for the new mattress. I am also being put on the spot since Sleepy's policy dictates that I must choose a new mattress within 14 days of the claim. They claim to have sent me a letter stating this policy, but I did not find out until today (1/*/14) as I did not receive any letter stating this information. The original 14 days will end tomorrow. My wife and I feel that we are being bullied. We have purchased numerous products to alleviate her back problems, when the reason for her problems may have been due to the fact that we were sold a defective product from day one, a product that was deemed defective by the third party inspector hired by Sleepy's, and a product advertised to help with back problems, not make them worse.Desired Settlement: We have no interest in continuing doing business with Sleepy's or Kings Down, and require that our full purchase price (box springs and entire set included) be refunded so we can take our business elsewhere. No store credit.

Business

Response:

Case#:

On October **, 2013, approx. two

years after delivery . [redacted] contacted Sleepy’s Customer Service Department

claiming that the mattress purchased in August 2011 was sagging. Since this was

what would be a potential warranty issue, we coordinated for an inspection of

the merchandise. The results of the

inspection revealed that the mattress was defective under the manufacturer’s

warranty guidelines. However, the box spring was not. Pursuant to the terms of the warranty, we

agreed to replace the mattress only.

At the time of delivery the [redacted]’s received a copy of the manufacturer

Kingsdown Limited Liability Warranty which states in clear and concise language

on page 7 “Only the defective

piece or part will be replaced or repaired, not the entire set of bedding, unless the entire set is determined to be defective. Replacement

or repair of one piece will

not automatically result in repair or replacement of the other piece.” (See attached). It is the responsibility of the consumer to

be aware of the manufacturer’s guidelines if the consumer failed to receive the

manufacturer’s warranty at the time of delivery they are responsible to contact

our Corporate Office utilizing the toll free 800 number to advise. We received no

call from the [redacted]’s in regards to this.

On December **, 2013, the [redacted]’s

entered a local Sleepy’s showroom seeking to process their warranty store

credit without the authorizing credit letter mailed from our Corporate Office.

The Mattress Professional on staff advised the [redacted]’s that they can still be

assisted without their credit letter by selecting another mattress to complete

the exchange process. The [redacted]’s expressed interest in a firmer model and also

expressed concerns of not adding any additional out of pocket funds. The

consumer was advised that they would be responsible for any difference in price

outside of the store credit amount of $1,137.12, in conjunction with a delivery

fee of $99.99, plus tax. The [redacted]’s dissatisfied with the company policy was

directed to contact our Corporate Office for additional assistance and clarity.

On December **, 2013, the consumer

visited his local showroom once again this time expressing interest in the

Simmons Beautyrest Recharge model number [redacted].

On January **, 2014, [redacted] contacted

our corporate office requesting to speak to a [redacted] with complaints of not

receiving a store credit for her box springs. The member of our management team

that assisted [redacted] reminded her that the manufacturer only replaces the

defective piece and accordance to the third-party independent inspection

company the box springs are in fact not defective and therefore; not

entitled to a store credit.

The [redacted]’s are able to visit their

local showroom when their time permits to complete the warranty process

utilizing their invested of $1,137.12, plus tax no monetary refunds will be

offered. Since we have responded to the

consumer’s complaint we believe that no further action or responses are

required at this time. However, if I may

be of further assistance, please contact me [redacted] at [redacted] or [redacted]

Review: I purchased a twin bed set (box spring & mattress from Sleepy's on 3/**/2014. The Salesman was [redacted]. After testing me for the best fit, [redacted] provided choices and I selected the Sealy Posturpedic mattress. [redacted] persuaded me to get the "Carolina" set, instead and told me whichever one I select, he could give me a considerable amount off, but the Carolina was "the best fit" for me. I hesitated, but decided to go on his word...he seemed honest enough, although I was suspicious of the pushing the Carolina. It was explained to me that it would be delivered the following Monday, 3/**/2014, which it was, and that it would cost $100 for delivery and an additional $40 to dispose of my current box spring and mattress that I have had for 25 years. The original price of the Carolina set was $899, but [redacted] could sell it to me for "$398.20". So with the taxes and fees added, the total cost was $572.34, which I was able to finance through Sleepy's. I had asked [redacted] flat out, "If there is any kind of problem at all with this mattress for any strange reason, although I am not anticipating there to be, can I exchange?" [redacted] told me, "Yes--if it is a problem that is not your fault, it will be replaced with no issues". Low and behold, 11 days went by and I got out of bed and noticed there was a rather large lump in the center of the bed, followed by an indent on the bottom of the lump. I tried to smooth it out with my hand thinking that it was temporary from sleeping, but it wouldn't budge. I gathered all of my paperwork and drove to Sleepy's in Bridgeport, where I made the original purchase. [redacted] was there. I explained to him the situation and he told me that I would have to get the exact same mattress again, in exchange, as well as pay for the exchange fee of $150. I would not settle for that because the bed is new and it is not my fault or error that this happened, and is likely to happen again. A bed should last more than 11 days without failure. So, [redacted] called Headquarters in front of me, pretended to "have my back" and said to the person on the other end, "So, there is nothing we could do? Okay...I will tell her...OH, and that manager isn't available...? Okay." I told [redacted] I would not be stupid enough to purchase the SAME MATTRESS SET AGAIN, since it failed me in such a short time...and that I want the Sealy (set) that I wanted from the beginning this time, which [redacted] told me that it was actually $100 "LESS THAN" the Carolina. "However", [redacted] said, "I can't give you the discount now on this new bed so it would be $799.99 for the set, we can give you a $398.20 credit for the price of the original bed with the discount and you will have to pay $150 exchange fee, plus taxes and delivery. Therefore, the bed would be $381.79, plus tax, delivery and exchange fee. This would be a total cost of around: "$675.00" I told him to please write down the information on the bed I wish to purchase and all of that information, which I still have on paper, and told him to please provide the number to the Headquarters and I will take it home and call them myself and won't stop until I speak to a manger, the [redacted] of the company, or whomever I need to speak to, because it is though I purchased a bed, had it for a week and threw it out the window and had to start all over again! I told him that I didn't want to argue with him in the store, since it appeared that there was nothing that he could do, so I will handle it myself with someone higher than he. Why would I be paying an additional $675.00 for a bed that is $100.00 cheaper than the original one that I purchased after I only spent $572.34 the week before? I could not believe this was happening. When I arrived home, I called 1-800-SLEEPYS and asked for a Manager. I got "[redacted]", a [redacted]. I told her the story, and she said he was wrong, but that it would be $899 - telling me that this Sealy bed is actually $100 "more" than the Carolina, unlike what [redacted] told me, and then I would have to pay $100 delivery fee, $150 exchange fee and taxes. So, I would "only be responsible for $373.00." I told [redacted] that if the bed I wanted 'was' in fact more money, I deserve to pay that....but why did [redacted] tell me 'that' bed was $100 LESS?? I told her it was unacceptable for me to be paying an additional ANYTHING when I got a defective bed that ruined itself in 11 days that I paid $572.34 for! It is like starting all over again! Why would anyone shop at Sleepy's? You just keep paying and paying.......I told her I want to speak to her manager. She told me that she can send an "email" to the "Management TEAM" and then they would have to "get back to me" once they "read the email" because that is the way the managers handle this. I told her that if there was a 'management TEAM', and it was that BIG....'someone' should surely be there NOW to speak to me. She told me that I could speak to 'her' [redacted] first and if that didn't help, she could get me a manager, do the email, etc. But, she warned me that "No matter what, EVERYONE has to pay the $150 exchange fee...there is nothing anyone could do to change that-we can't 'eat the costs'". I agreed to speak to her [redacted] and was on hold about 3 minutes. [redacted] came back and said, "Guess what? A manager was running through the hallway here and I was able to stop them and told your story really quickly...and they told me to give you the delivery fee of $99.99 half off, so you would pay $49.99....and take half off of the $150 exchange fee, so you would pay $75.00 and you would just pay the $100 extra for the new bed and your new total would be $239.27. She told me to go into to the store to check to make sure that the bed [redacted] wrote down was the correct bed that I wanted and finish the purchase in the store. She had emailed me the new invoice and told me to bring it with me and [redacted] can finish it up. I was not happy, but wanted to get my new bed before they would make an excuse not to take back the defective one, and was hoping I could contact Revdex.com to help me fight this and get my money back. So, I paid an additional (financed through Sleepy's) $239.27 on a bed I made for exchange on a defective bed that was supposedly $100 cheaper than my original. When I returned to the store, I checked the number on the Sealy and it checked out and I took a picture of the Carolina with the price tag, which 'was' marked for $100 more than the Sealy, as [redacted] had told me. So, he was correct. When I told him she said it was 'less', he just said, "Huh". So, headquarters ripped me off even more than [redacted] tried to. When I went to my club that evening, I was telling all of my friends who were there and three other people said they were fighting battles with Sleepy's for similar issues...one was going on a year. Everyone was so upset I should pay ANYTHING MORE for something not my fault. I was hoping to keep the bed I purchased for another 20-25 years....like my last one! I would like to persue to get my money back that I paid extra: $239.27. Thank you!Desired Settlement: I would like a personal apology, as well as a CREDIT for the additional $239.27 that was charged to my Sleepy's credit card account (which I applied for on first date of purchase) when I had to get a new bed because the previous one was defective.

Business

Response:

Sleepy’s is in receipt of your inquiry regarding [redacted].

Upon review of [redacted]’s account we will be unable to offer any monetary refund reflective of the reduced Comfort Exchange fee from $150.00 to $75.00 or the reduced delivery fee from $99.99 to $49.99. We apologize for any inconvenience of dissatisfaction this may cause [redacted].

Since we have reviewed [redacted]’s concern we believe that no further responses are required. If I can be of any further assistance or should you require additional information please do not hesitate to contact me [redacted] at ###-###-#### or [redacted]

the transaction was completed, at this time there is no monetary compensation in order for the consumer reflective of a delivery fee. Since we have reviewed [redacted]’ s

complaint we believe that no further responses are required. If I can be of any further assistance or should you require additional information please do not

hesitate to contact me [redacted] at ###-###-#### or [redacted].

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

[Your Answer Here]

So basically the company read my complaints and is not doing anything to reimburse me for paying much more money for a replacement mattress of the same or lesser value because it broke within 11 days of purchase. This is completely unacceptable and I will be contacting the news.

In order for the Revdex.com to appropriately process your response, you MUST answer the question above.

Sincerely,

Business

Response:

Case # [redacted]

Sleepy’s is in receipt the rebuttal [redacted] in which we previously responded.

Our position remains the same we are unable to offer any monetary refund reflective of the reduced Comfort Exchange fee from $150.00 to $75.00 or the reduced delivery fee from $99.99 to $49.99. [redacted] was not charged the full fee which was an accommodation. We apologize for any inconvenience or dissatisfaction this may cause [redacted] unfortunately there will be no offer of a refund.

Since we have reviewed [redacted]’s concern once again we believe that no further responses are required. If I can be of

any further assistance or should you require additional information please do not hesitate to contact me [redacted] at ###-###-#### or [redacted]

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

It has been consistently very clear to me that with SLEEPY'S, Customer Service does not come first. This is very plain and simple. I purchased a mattress. It fell apart within ONE WEEK of delivery and you had me pay almost #300 to replace it, when the new mattress actually cost LESS THAN the first one. Very POOR SERVICE and BUSINESS PRACTICES. It's okay. I have spoken to several people and they are all having problems fighting battles with Sleepy's. You don't stand behind your products and obviously have no warranties. If you buy a bed today and it falls apart tomorrow, you are out of luck and will have to start all over and pay for another one. There should BE NO additional EXCHANGE or DELIVERY FEES AT ALL because it is not my fault the bed broke!!! Don't worry...you don't have to respond. Because of my position, I have thousands of friends. You made a very big mistake here. Sleepy's won't last for very long with the way they treat their customers and the way they make money off of faulty products. If the bed you purchase breaks in less than thirty days, it needs to be replaced and delivered For FREE--you sould not have to pay for a lesser-than-value bed for an additional $300 because you are calling the fees "EXCHANGE" or "DELIVERY" fees...I would not have HAD to have another bed delivered or exchanged if the first one I purchased didn't BREAK!!!!!!!!!!!!!!!!!!!!!!!!! Don't DISCOUNT the fees...just Don't CHARGE ANY FEES!!!!!!!!

Sincerely,

Review: Good evening, I am reaching out to the Revdex.com desperately seeking assistance. For almost a year now I have been desperately trying to find a resolution to my mattress problem and have had no resolution or help from both Sleepy’s and the manufacturer Spring Air. I purchased a mattress and box spring set from the Sleepy’s located on [redacted] on the 04/**/2013 (order#[redacted]). After the mattress was delivered I noticed that it was extremely firm and was not any way shape or form identical to the one my wife and I picked out. The next day I returned to the store and the sales representative apologized for the inconvenience of delivering the wrong mattress. She stated and I quote “I do not have any more of the models you wanted in stock and it will take about two weeks to get another one to you” At this point they had already taken and disposed my old mattress so we didn’t have a mattress to sleep in while we waited. We decided to get a different model recommended by the sales representative that was available for immediate delivery (order# [redacted]). We were delivered the mattress on the 04/**/2013 and immediately noticed that the mattress sagged tremendously in the sides and middle and it was really difficult and painful to sleep on it because your back would arc like on a hammock. I returned to the store and the sales representative explained to me that the mattress would take some time to set because it might have shifted during delivery however I should give it a couple of weeks and it should go back to its original form. I followed the advice of the sales representative and left the store. Unexpectedly three days later I received expedited military orders deploying me and my family to California. Once we arrived to California and where able to move into our home on November 2013 we set up the mattress and we have not been able to sleep on it because it sinks on both sides. The mattress still has the same problem I initially reported. Some areas of the mattress feel firm while others sink significantly. If you lay down facing up your back arcs down and the arc is so much that you cannot get any sleep and if you do fall asleep the next day you will wake up with back pain. My wife and I have been sleeping for months now on the couches or on our children’s beds because of this issue. I decided to call the [redacted] Sleepy’s store for assistance and they said that they couldn’t assist me with the 8 year comfort guarantee or with a replacement because I was not near the store and that I should contact the manufacturer. When I called Spring Air I was told that I needed to deal directly with Sleepy’s and that if that didn’t work I needed to ship the mattress at my own expense to E&E Bedding Co Inc. located on [redacted] where it was built for an inspection and repair and then once repaired ship it back to California also at my expense. I explained I couldn’t afford these costs and that shipping alone would exceed what I paid for this unit. They explained there was nothing further they can do and that I needed to contact Sleepy’s. I established a chat via Sleepy’s website with a customer service representative and I was referred back to the manufacturer and was told there is nothing they could do for me. As I realized I was getting nowhere contacting both Sleepy’s and the manufacturer I decided to write a letter to the headquarters of both Spring Air and Sleepy’s attaching pictures and the copy of my invoice to them post marked on or around the [redacted] of March 2014. I tried calling Sleepy’s headquarters on the ** April **, 2014 to confirm they received my letter and the customer service representative whom assisted me said they had no way of checking for me. I immediately proceeded in calling Spring Air where I spoke to [redacted] and she had escaladed my case to someone else but had no immediate solution or answer for me however she did confirm that she received my letter. Since then I have been emailing both Sleepy’s and Spring Air’s customer service emails and have had no reply. I strongly believe I was sold a defective mattress and now that I am seeking help neither the seller nor the manufacturer have provided me any assistance towards finding a resolution. I constantly deploy overseas serving as an active duty member of the United States military and when I return back from overseas deployments I cannot rest at night not because of my deployments but because my mattress doesn’t allow me. My sleeping problems and back pain has escalated so significantly that my military doctor had me attend a sleep study and has me scheduled to see a specialist to check my back. I tried to explain to both these companies I cannot afford a new mattress and that this mattress is affecting my family and my health and yet they ignore my calls for assistance. Revdex.com Please HELP ME with this matter, I feel this is my last and only option I have left. If you have any further questions or concerns please feel free to call me at ###-###-#### or email me at [redacted].

Thank you,

[redacted]Desired Settlement: I am requesting to exchange my mattress for a different type of mattress. The box springs purchased are not a problem but the mattress was defective from the beginning and no one has provided me any assistance with this matter for over a year now.

Business

Response:

Case #: [redacted]

On April *, 2013, [redacted] received delivery of a Spring Air king size set. We

received a letter in our Corporate Office advising of discomfort he was

experiencing with his mattress. We were unable to schedule an inspection

appointment for [redacted] because he now resides outside of our service area. He

was directed to contact the manufacturer directly to facilitate his warranty

claim.

If [redacted] finds it cost prohibitive to return his mattress to the manufacturer for

inspection we can assist him by offering a partial credit from his purchase and

accommodation pricing so that he can replace his set. We will attempt to call

the customer to make him this offer and will update this response when we have

resolved the customer’s complaint.

In the interim, if you have any further questions please contact [redacted]

at ###-###-#### or [redacted].

Review: We purchased a new mattress from mattress discounters October **, 2013. December **,2013, I began calling the main office in reference to the mattress being defective. The mattress had began to cave down on both sides of the bed, bulging up in the center causing back and nerve issues for myself as well as my husband. I received no response, I called the warranty office again December **, 2013. That agent set an appointment for the warranty department, they set an appointment for an inspector to come out. January **, 2014 the inspector came out, stated he saw a definite defect, and would turn in report. I should hear something within 2 weeks. February **,2014 when I had not heard anything, I called the warranty office again, I spoke with a [redacted] named [redacted], she said that per the inspectors report, the condition of the mattress was normal wear and tear, that mattress discounters would not replace that mattress, but give us a large discount on a new mattress of our choice. I advised her we just spent $1,100 on a mattress and I had purchased several mattresses from them in the past, but I would not spend any more money with them due to them not honoring their warranty offered at time of sale. Since then, my attorney has sent them a letter in reference to this situation, no one has responded to them either. I tried one more time in March, the [redacted] I spoke with was named [redacted], she then asked me to send her the photo's I have of the mattress, I put a level on the mattress so she could see how the mattress is really dipping in some places, and bulging in others, I sent that info to her via e-mail. I never received any response, when I called back the next day to check if they received it, she said she received it, but they will not replace the mattress. This is causing a lot of back and nerve pain for myself and my husband, and their response is unacceptable.Desired Settlement: Replacement I would like a new mattress delivered, and this one hauled away. per their warranty

Business

Response:

Case#:

On October **, 2013, [redacted] received delivery of a Spring Air Ultra Firm

King size mattress and box spring set.

On December **, 2013, [redacted] contacted our Warranty Support Department claiming

that the mattress she had purchased from Sleepy’s was sagging. Since this was

what would be a potential warranty issue, we coordinated for an inspection of

the merchandise with a third - party independent inspection company. The inspection

results revealed that the mattress was performing up to the manufacturer’s

standards. Pursuant to the terms of the

warranty, [redacted]’s mattress was not eligible for a warranty replacement. As such, we advised the [redacted] that her claim

for warranty replacement had been denied however, we could offer her

accommodation pricing on a new purchase.

Upon receiving the complaint filed with your office we contacted [redacted] on May

**, 2014 to further discuss. We intend to schedule another inspection for [redacted] as she is entitled to one inspection per 12 month period. We will update

your Agency when we have resolved the customer’s complaint.

If you should require additional information please contact [redacted] at

###-###-#### or [redacted].

Review: Purchased a mattress + box spring set in 12/**/2013. The mattress was delivered in early January, however the box spring was not delivered with the mattress, but was told they will deliver it later. I followed up with the local store who told me that they would follow up and they did not. I called the customer service hotline on 2/**/2014 and asked them to cancel the box spring and to refund the amount of box spring. They told me the amount would be refunded. They did not refund this amount. As of 4/**/2014, this had not been refunded, so I called again on 4/**/2014 and someone at customer service told me they would follow up after speaking to the accounting department. It is now 5/**/2014, 5 months after I made purchased the purchase, and I do not have a box spring or a refund. I would like the amount of the box spring refunded.Desired Settlement: Refund

Business

Response:

Case #: [redacted]

On December **, 2013 [redacted] placed an order for a Carolina King size mattress and two twin extra-long box

springs. The delivery of the mattress took place on January *, 2014. The box springs were not in stock and not

available for delivery, therefore, [redacted] was not billed the purchase price

of the box springs to her GE Money Bank account.

On January **, 2014, an attempted delivery of the box springs was made and the customer was not home. On

February *, 2014, [redacted] contacted our Customer Care department and

cancelled the order for the box springs.

[redacted] was only billed $1,209.09 for the merchandise she received, which included purchase price of the mattress

in the amount of $1,036.91, the delivery fee of $99.99, and tax in the amount

of $72.19. GE finance cannot be billed until the order is delivered and

finalized. There is no refund due to [redacted] since she was never charged for the box springs.

A Customer Relations representative tried to contact [redacted], and left her a message. We will

continue to reach out to [redacted] in order to resolve her complaint. If I can

be of any further assistance or, if you should require additional information,

please do not hesitate to contact [redacted] at ###-###-#### or via email at [redacted].

Review: The issue I have with Sleepy's started in there [redacted] location. When I had picked my mattress that I wanted to purchase I was told that there was a $100.00 gift card promotion going on at the time and that I would receive it with any purchase made in that month (February 2014) The promotion works by receiving a bi-fold flyer and selecting from various stores such as Home Depot, Walmart Etc. You are to select which gift card you would like by following the instructions in the flyer. My husband and I had decided on the mattress we wanted (I-Series Firm Queen)., but wanted to pay for it with cash that we were waiting on from our tax return. The representative suggested that we open a Sleepy's charge to put a hold on this mattress and get the order ready for two reasons: One- We would have our mattress out of the inventory and Two - we would qualify for the $100.00 gift card. So we opened a charge to put a deposit on it 2/**/2014. The following week 2/**/2014 we return to the store to complete the purchase. Here is where the problems begin., The new representative informs us that the mattress is no longer available which confused me because I thought we put a deposit on it for that reason. She had told us that since they will be coming out with a new model in March 2014 that they are no longer allowed to order any more. She also suggested that if I call corporate and tell them the issue/complain they will give me the next step up mattress at the price of the one I originally wanted. I was not crazy about the next step up for personal reasons and suggested that maybe we should purchase the floor model. The representative was more than happy to complete the floor model transaction at a discounted price and I specifically asked if we were still gift card eligible with this purchase? She informed me that we still were and even printed the order for us to keep with the gift card promotion code on it. We had also ordered the mattress cover to get the warranty that comes with stain protection. She tells me that the cover will come delivered on the mattress and says that it is a service they like to offer because it can be rather cumber sum to put the cover on by yourself. March [redacted] my mattress is delivered. Here is another problem , the mattress cover is not on the mattress as promised by the sales rep, the delivery guys hand it to me and my sister and myself fight it onto to the mattress after they leave.

The representative had informed me that it will take 4-6 weeks to receive the gift card flyer at time of purchase, and to keep a look out because it could easily be mistaken for a piece of junk mail. I call the store a couple weeks after my delivery on March [redacted] and tell the representative that the order my deposit receipt had on it and the order at time of purchase were different. The deposit order had the words gift card promo on the center of the paper and the order receipt I received for delivery did not say it. The representative tells me to look about mid page right hand side and I would notice the promo code and it was there [redacted] and not to worry I would get the card flyer in about another 4 weeks if not sooner.

April **, 2014 - still no gift card flyer. I call the store and speak to another representative, he tells me that he will email the promotion team and he will call me back with a outcome. I leave him my cell and home number. He tells me to give him a day or two.

April **, 2014 - I call the store again and get the same rep, that I spoke to on the [redacted]. I remind him that he was supposed to get back to me in a day or two and it has been over a week. He then tells me I need to to speak with corporate because it has become an unusual situation. His excuse for not returning my call was he was away on vacation and forgot.

I call corporate immediately to find out what the situation is that is so unusual and to let them know that apparently when someone takes vacation there obligations to there customers can be forgotten about. I explained this whole situation to her and she asks me to email the her the copy of the order receipt and she will forward it to her boss and they will review it, she even agrees with me that it should be honored because she can see the promo code on the receipt as well. She will call me back the next day with a resolution.

April **, 2014 Call back because she has failed to call me and speak with another rep. She looks into the notes on the order tells me that they are still looking into to and she will follow up.

April **, 2014 My husband makes the final call asks to speak with the [redacted] of the department due to the lack of follow up with the representatives and the [redacted] explains to him that because it is a floor model we are not eligible. A floor model we bought because they had no more inventory (when we opened a charge and put a deposit on a new one so we we guaranteed a mattress ) and the mattress was discontinued because they were coming out with a new model, the following month. This was the reason. They were not at all understanding of the poor customer service we had received along the way and the broken promises made by there [redacted] store from the very beginning. I got offered a coupon for a free pillow instead of receiving a gift card.Desired Settlement: I would like to receive a $100.00 gift card as promised by the [redacted] store for the February 2014 promotion.

Business

Response:

Case # [redacted]

On February **, 2014, [redacted], made a down payment on a Serta ISeries queen mattress and box

spring. There was a special promotion of a $100 gift card being offered at that

time on the purchase of ISeries Sets however this excluded the purchase of any

floor model or outlet or clearance models. When the customer returned to the

showroom to pay his remaining balance on February **, 2014, we advised him that

the ISeries line up were being discontinued and were no longer available from

the manufacturer. We did have ‘floor models’ in various show rooms but these

models were excluded from the promotion. Ultimately [redacted] opted to purchase

the floor model and he was offered a significant discount but he was not given

the gift card.

It is unclear if [redacted] was advised that he was no longer eligible to receive the gift card

when the order was changed. Nonetheless when he contacted us in April, we

researched his account and did advise him why he did not receive the gift

card. As an accommodation we offered him a set of pillows but he refused the

offer.

Upon receiving the complaint filed with your Agency, we again reached out to the customer. We

apologized to the customer for any inconvenience he experienced and advise that

although he was not eligible for the gift card we can still accommodate him by

offering him a refund of $50.00 and a set of sheets. Customer accepted our

offer and requested that we send the refund to his financing company. We also

advised customer that he will receive the sheets within the next 5 – 10

business days.

We believe no further action is warranted at this time. However if you require more information please contact

[redacted] at ###-###-#### or [redacted] for further

assistance.

Review: About 60 days ago, I purchased a mattress set and a sleigh bed from Sleepy's. There service was not the greatest; I was told I was given a great deal on the mattress and bed I wanted. I was told that it would be a good discount. At first I wasn't too sure, because the good was too good to be true. Assuming the sales rep was just being nice, I went with it. About two weeks later I went ahead and referred to the same sales rep and locating my mother and sister who also purchase a set of TWO mattresses from them. What got me more upset is at night I was starting to get bit. It turns out it was bed bug. So I embarked on this huge investigation to find out where these bugs came from. I recently moved into a brand new apartment. Brand-new carpets were placed in bedroom and new furniture was brought in. Not know what was going on, I spoke to the landlord and there has been no history of bed bugs. Finally I started lifting the mattress and moving things around. Sadly, to my surprise the BED-BUGS were on my so called "brand-new box spring". Very disappointed with what I found I called sleepy's as I'm on the phone the rep told me that the people I needed to speak to were not there and I had to call back, I followed up with two phone calls. Than My mother and sister a couple of weeks ago started to complain to my about their backs hurting and have bad sleep nights. So with that we decided to go back to where it all began, at [redacted] Sleepy's. I getting there and I started to explain stat was going on with each individual mattress that we purchased. Before I was able to give much info the sale rep starting interrupting me telling me that we had no warranties and that we had bought clearance mattress. On our contract nowhere said I was buying a clearance mattress. To my understanding and to my mother and sister and to a friend that was with us at the time we were getting BRAND-NEW HIGH QUALITY MATTRESSES. We were never notified that all three mattresses, box springs were a lemon.Desired Settlement: I am so unhappy with the quality of the service, the product and the way things are being handled. That I am not sure if I want another mattress that is brand-new and bed bug free or if I want my money back of what I paid so far and the money back from all the additional expanses trying to free my bedroom from their infested bed bugs.

Business

Response:

Case #: [redacted]

On May *, 2014, [redacted] purchased from Sleepy’s a queen size mattress and box spring as well as a queen size wooden bed frame. The merchandise was delivered on May **, 2014. On July **, 2014, [redacted] contacted our Customer Service Department claiming that the mattress and box spring delivered to her residence was infested with bed bugs. The information that we have acquired about the life cycle of bedbugs does not indicate the possibility that the infestation could have originated in newly constructed merchandise delivered from the manufacturer or in Sleepy’s warehouse. First and foremost, bed bugs do not come from beds, they come from people. Because bed bugs live in beds and furniture, they come to be known as bed bugs. Sleepy’s warehouses and delivery trucks are inspected on a regular basis and preventative measures taken. We have documentation supporting this.

Upon receipt of [redacted]’s complaint with your agency, Sleepy’s Customer Relations Department contacted [redacted] on July **, 2014. [redacted] was informed that as a service to the community and our loyal customers, Sleepy’s is trying to assist our customers who may have been affected by the outbreak. Notwithstanding the fact that Sleepy’s accepts no responsibility for a bed bug infestation, [redacted] was advised to provide Sleepy’s with the proof of extermination from the licensed pest control company confirming what type of insect was seen and details of any infestation. [redacted] stated she would consult with her landlord to have fumigation completed.

In an effort to satisfy [redacted]’s complaint, Sleepy’s has agreed to replace the bedding, pending a receipt showing that the home was professionally fumigated and the return of a signed release letter.

As we take these complaints very seriously, we will continue to work with [redacted] to make sure her complaint is resolved to her satisfaction. Should you require any additional information or if you have any further questions, please contact [redacted] at ###-###-#### or [redacted].

Review: Purchased brand new mattress. Ten months later, we have a depression on the mattress. Called sleepys to exchange mattress. Inspector came and concluded that the mattress cannot be replaced because the depression is 1" deep, and the guidelines say it should be 1 and 1/2" deep. Yet, they replaced the box spring because they said it was defective; meanwhile, they stated that a defective box spring can cause a depression in the mattress. Refuse to exchange, unless we pay more money to buy insurance. Otherwise, we have to wait until the depression becomes 1 and 1/2" deep.Desired Settlement: Replace mattress, as it is only ten months old and should not, under any circumstances, have a depression.

Business

Response:

Case # [redacted]

On October **, 2013 [redacted] purchased a full

size Simmons Recharge Luxury firm mattress and box spring and received delivery

on October **, 2013. On July **, 2014 the customer contacted our Warranty

Support Department advising that her mattress was sagging. As this was

potentially a warranty claim, we coordinated with our third party inspection

company to have the customer’s set inspected. The inspection results revealed

that while the box spring was not up standard and therefore defective; her

mattress did not meet the standard to qualify for a warranty exchange.

On August **, 2014, a Mattress Professional contacted our

Warranty Support Department requesting the inspection results. On August **,

2014, [redacted] contacted our Warranty Support Department and we advised

her of her inspection results. She disputed the results and requested that we

exchange both the mattress and the box spring. We offered to exchange the

customer’s mattress under our Comfort Exchange Program with the applicable fees

as a courtesy. Customer refused our offer and requested to speak with a

manager. The [redacted] reiterated the option of our Comfort exchange

program. [redacted] declined and opted to exchange her box spring

that was approved under the warranty program.

Upon receiving the complaint from your Agency we reached

out to the customer on September *, 2014. We were advised that she was on

vacation until the [redacted] of September. We again attempted to contact

the customer on September *, 2014 but were unsuccessful and were unable to

leave her a voice mail message. We will continue our efforts to contact the

customer in an effort to resolve this complaint. We will offer to exchange her

mattress under our Satisfaction Assurance Plus Program. However this exchange

would have to be completed by October **, 2014 as this program is only intended

for customers who have had their mattress for up to one year.

We will update this response when we hear from the

customer. In the interim, should you require any additional information please

contact [redacted] at ###-###-#### or [redacted].

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

:firstly, the inspection report stated that the box spring was making a noise. This was not the case and is untrue. We had no idea that there was anything wrong with the box spring. The problem was the sagging/depression in the lower, right part of the mattress. We felt this was ridiculous, since the mattress is not even a year old. During inspection, even though there was a bit of a language barrier, my mom understood that they would deliver a new box spring. Of course, when she told me, I was perplexed, because I couldn't understand how getting a new box spring would fix the sagging in the mattress. Apparently, they had their reasons. THEY KNEW THAT THE SAGGING WAS CAUSED BY THE DEFECTIVE BOX SPRING, so I think it's safe to assume that they wanted to give us a new box spring, in order to prevent further sagging.

I called the inspection company and told them of my concern. I was told "sorry, but the depression is not deep enough to warrant an exchange of the mattress". When I asked the representative what may have caused the sagging on a new mattress, SHE CLEARLY STATED THAT A DEFECTIVE BOX SPRING COULD EASILY CAUSE A DEPRESSION IN THE MATTRESS. So my obvious question to her was not only "what difference does it make how deep the depression is, if it was caused by a defective spring", but my next question was "why would you want to replace only the box spring which CAUSED the sagging, but not replace the actual mattress that was AFFECTED? (They'll cover the cause, but not cover the result). At that point, I was told that I have 2 options.I either had to wait until the depression became over an inch deep (which could take years, but at least would warrant an exchange), or I had to pay for fees to have the mattress exchanged under some exchange program, which would cost me over $300. I don't see why I should have to pay a single penny, since they made it clear to me that a defective box spring causes a mattress to sag...and that is what I received from Sleepy's...a defective box spring. This is unfair and unacceptable. I did not agree to exchange the box spring. I simply stated that I would let the Revdex.com handle this, because I believe this is the best way.

I am away until the end of September, but have full access to my email. I am also in daily contact with my mom and sisters, who can handle the situation as well. I can be reached on my international cell phone [redacted]. Thank you.

In order for the Revdex.com to appropriately process your response, you MUST answer the question above.

Sincerely,

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because

I apologize for not replying further, but I just now, was able to open my emails. Indeed I am currently overseas; however, I will be in NY on Tuesday, Oct. *. Kindly contact me at ###-###-#### at that time, to further discuss. Thank you.

In order for the Revdex.com to appropriately process your response, you MUST answer the question above.

Sincerely,

Business

Response:

Case #: [redacted]

We contacted [redacted] on

October *, 2014. We reviewed her mom’s inspection results and our exchange

policies. As a one-time accommodation to

the customer, we will allow her to perform a home inspection on her mom’s

mattress at the end of November 2014. We made this concession to the customer

because under our normal operating policy each customer is entitled to one

inspection per year. We agreed that customer will contact us closer to date for

us to send her a home inspection kit.

We believe no further action is warranted at this time. If you

should require any additional information, please contact [redacted] at

###-###-#### or via email at [redacted].

Review: I purchased a mattress and base from sleepy's. Installers arrived to install the merchandise a there was a gap between mattress and base. As well as bed is almost 5 feet off ground. Spoke to sales and they were going to send another base that will fit properly. Once again installers arrived to install second base and once again it was in correct. Now sleepy's states they have no other product to offer and will not provide a refund. I have children who come on to the bed and I'm afraid for there safety.Desired Settlement: Complete refund

Business

Response:

Case #: # [redacted]On October**, 2014, the[redacted] received delivery of a Tempur-Pedic king size mattress, two Tempur-Pedic twin size adjustable base along with some additional bedding accessories. On November*, 2014 they returned to the showroom and advised that the bed was too high and this posed a safety risk because they have small children in the home. We arranged to have the height of the of the bed changed by ordering low profile legs for their adjustable base bed. Unfortunately, due to the type of bed the customer has, adjusting the leg height did not remedy the issue. As an accommodation to the customer, we agreed to go outside of our normal policy and accepted the return of the adjustable base for a full refund. We picked up the base from the customer’s home on November*, 2014.Upon receiving the complaint filed with your Agency, we reached out to the customer on November**, 2014. [redacted] advised that she was aware that she was getting a refund but she was upset because of the delay in the processing her refund. We apologized to the customer for the delay and offered to contact our Accounting Department to expedite the return of the monies to [redacted]. On November**, 2014 our Accounting department processed the customer’s refund in the amount of $4294.10. This was returned to [redacted] on [redacted] November 2014. On November**, 2014 we followed up with the customer advising of the actions we took. Customer will follow up with [redacted] to verify that they have received the refund. Please note that on occasion refunds can take 1 – 2 bill cycles to reflect on a customer’s account.We believe no further action is warranted at this time. If you have any further questions please contact [redacted] at ###-###-#### or [redacted].

Review: Sleepy's will not deliver mattress set and remove old because delivery driver alleged that there were bedbugs when in fact it was dust and cat hair.

I purchased a [redacted] 800 series Mattress (Plush) (blue on both sides) set 5 years ago from Sleepy's in [redacted] and recently noticed that one side was shagging. So I contacted Sleepy's and they sent out someone from Bed Check and it was determined that yes it is shagging on one side. At that time he lifted the mattress up and took picks of it as best he could. Due to a number of boxes I had to take more pics of the support and send in to the inspection center. So I had to also left the mattress and box springs up and take pics to show my support, at no time did anyone notice anything that looked like a bedbug, and it was 3 people in the room. So when the deliver guy came, they removed the mattress and put it in the living room and then removed the box springs and put them outside, the mattress has been completely covered for 5 years and still is, the box springs had a bed cover over it, but now of the sides had been dusted in these five years. So he called me outside, and said I think you have a bedbug, I was under the impression that they traveled in a pack not in singles. So I looked at it, and they brought it back in the house called someone on the phone and I talked to them and they said I would have to get someone to come in and prove that I don't have bugs. So at this point I am freaked out so I went and purchased bedbug spray and used my streamer on my mattress, box springs, rug etc. and to date I have not seen anything in my room that is a bedbug. So I was called by a [redacted] and I returned the call and I explained that I wasn't paying money to have someone come out and tell me that I don't have these bedbugs, I don't have any bites, and anyone that has slept in that bed doesn't have any bites. And, why should I pay for someone professional to come out and you relied on a deliver person to say I had them, and what made him professional enough to say I do and me not professional enough to say I don't. I took precautions because at that point I was nervous at that point. I spent 5 hours in my room spraying and streaming and like I said there is nothing. I went online to look at a bedbug and how they leave items after they are there and my mattress, box springs nothing has any trace of what a bedbug leaves. I took my hand and went around the ridges of the bed and I got cat hair and dust out of them I lifted the mattress and stream it top and bottom and also the box springs and sprayed, so what more do I need to do to received a bed that I don't think is has good as what I have. And, if they don't want the mattress I will gladly remove it, but what does that have to do with the fact that I have a warranty issue and I don't have any bugs. I can supply pictures if needed of my mattress and box springs so show that there are no bugs on it. And, I explained to [redacted] that I took all these precautions and still I have to supply you with a written statement from a company that I will be responsible for paying, because nobody does anything for free. She recommended [redacted], and she thinks that in [redacted] it will be free for them to come out. I feel as if they are doing the unnecessary if I have provided you with a precaution I took to satisfy your company, and even though I know I haven't been bitten by anything what makes your driver the professional on bedbugs. If they need more treatments for something I don't have, then okay, but I am not going out and getting a company to come in to say you don't have anything and then I have to pay them, even if it is a trip charge, I will be responsible for something.Desired Settlement: I understand that Sleepy's doesn't sell the Sleep to Live mattress by [redacted], but I feel that them as the seller should contact [redacted] and get the 2014 Sleep to Live 800 series mattress and box springs, because that was the bed I agreed to purchase 5 years ago. I really don't feel as if this Serta pillow top ISeries bed will give me the same comfort that my current bed gives me, even with the problem. And, I don't want those two drivers to come to my house again. And I can provide pics

Business

Response:

Case #: [redacted]On November **, 2014, [redacted] was scheduled for a warranty exchange under the manufacturer’s limited liability warranty. Upon the exchange attempt the driver’s removed [redacted]’s box spring and examined it as procedure dictates. They witnessed what was identified as a possible bed bug infestation; the concern was displayed to the consumer, she advised on the recorded call into our Customer Care Department that she would hire a professional to visit her residence and eradicate the concern. On November **, 2014, Sleepy’s corporate office received this complaint; upon accessing and reviewing the consumer’s complaint [redacted] is required to provide some form of proof from a professional confirming the area is clear for delivery as well as the manufacturer’s full warranty coverage. On December *, 2014, a member of our Consumer Relations Department attempted contact with [redacted] to discuss the concern and assist towards resolution. Unfortunately; [redacted] was not available as a result a detailed message was left for the consumer requesting a call back providing a direct contact number. Since we have reviewed [redacted]’s complaint and attempting to assist the consumer towards resolve we believe no further response are required at this time. If I can be of any additional assistance or should you require additional information please do not hesitate to contact [redacted] at ###-###-#### or [redacted].

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

Attached are photos taken of my bed to prove that there are no bedbugs

Business

Response:

Case #: [redacted]Sleepy’s is in receipt of your rebuttal regarding[redacted].Unfortunately; the resolution remains the same [redacted] is required to provide some form of proof from a professional confirming the area is clear for delivery as well as the manufacturer’s full warranty coverage. Since we have reviewed [redacted]’s rebuttal and the resolution is unwavering we believe no further response are required at this time. If I can be of any additional assistance or should you require additional information please do not hesitate to contact [redacted] at ###-###-#### or [redacted].

Review: [redacted]NOTE: I started keeping a diary of my experience with Sleepy’s immediately after realizing we were going to have an issue, so I hope you understand that my accounting -- so long as truthful and I assure you it is -- is far more accurate than Sleepy's (and anything their legal staff could come up with). [redacted]

I have a legal background and have worked in the legal field interpreting and implementing Federal laws, so I am going to state up front that I know all about the uselessness of verbal agreements and that the written word is what counts. I went to a supposedly reputable, national/well-known chain store to purchase a new mattress -- there was a “grand opening” sign in front -- not a Going out of business sale -- and NOT a sleazy road-side store. Sleepy’s advertises they are the ”ONLY Mattress Professionals.” They also boast “When you want service and know-how you can trust, you seek out a professional.” UNFORTUNATELY, I did not find that to be the case… AT ALL!

I went to the Sleepy's in [redacted] on Veteran’s Day, November **, 2014; [redacted], the salesman, appeared to be a pleasant man. I explained when I walked in that, due to medical issues, I purposefully came in while I was hurting and in pain because I thought it would be the best way to figure out what mattress might work. I explained to [redacted] that I have [redacted]a and I've had several [redacted], another upcoming [redacted] and I'm currently in physical therapy for [redacted] issues that may end up in surgery as well. I did not bring my husband, as I was not prepared to make a purchase; I was simply taking advantage of a day off from work, as well as a ‘more than usual’ aching body to test the mattresses out. [redacted] was very enthusiastic about telling me how Sleepy's wants its customers to be happy with their purchase, explaining that if you are not completely satisfied with your Tempurpedic mattress, you can return it within 90 days; he was very careful in mentioning that you MUST wait at least 30 days for the break in period. Because we were planning to keep our old mattress for the guest room, I had no problem with that. [redacted] further explained that I could get a 60 month loan with 0% interest. I called my husband; he came up and tried out the mattresses. [redacted] encouraged us to give it an in-home trial; I was hesitant, saying that was not my intention when I came in, but I went over my understanding of the terms of the trial period again, reiterating to him that the worst case scenario resulting from any snap decision would be that we would lose $175. [redacted] said yes, unless you buy another mattress in which case you would not be charged the $175 and we would receive a credit. Also, since we bought THE single most expensive bed in the store, I specifically asked him if the return had to be for "equal or greater value" and he assured me that the difference would be returned to our credit card. [redacted] asked if we wanted a “split king” or a regular king. My husband liked the idea of each of us being able to move our respective sides up/down; I didn’t think the trade off (a big crack in the middle of the bed) would be worth it but [redacted] interjected “Why don’t you try it? You can’t go wrong, we can always come out and swap it out with a regular king” and so we got the “split king”… adding considerable costs to the total, but since we weren’t sure about t he entire purchase, what did it matter, right?

Because [redacted] spoke with such authoritative and definitive confidence, and since Sleepy’s is a large chain store, I assumed he could back up his word after I quizzed him so much because I knew businesses not only had a reputation to maintain, I also believed consumers had protections against unfair and deceptive business practices. So we decided to give it a try. My husband went home and I stayed behind to do the paperwork.

I sat at the desk and REPEATEDLY mentioned that I did not feel well and I was sorry for asking him to repeat himself so much because I was losing focus and when my pain levels reach a certain point, I become nauseous. [redacted] knew I did not feel well and I believe it was obvious that I was beginning to feel worse. I emphasized to [redacted] that I am very cautious when making purchases and I don't usually make quick decisions like this and that I carefully think things through. I am ABSOLUTELY CERTAIN that I clearly let him know that I needed the assurance that I HAD A VERY CLEAR UNDERSTANDING of the trial period/return policy. He continued to reassure me, as if to say… everything is okay, I understand your concern but you can trust me. (He went on about… Sleepy’s is a trusted company and we have our reputation to maintain, we want our customers to be satisfied with their purchase, etc.) Regardless, I continued to repeat my understanding of the details, saying that I understood that there would be a $175 charge but that if I bought another bed that there would be no $175 charge and that the difference (no matter if it was less than the original purchase price) would be credited to our account. I said that I had wondered for a long time if a Tempurpedic bed was the bed for me (so in my head I am rationalizing that even if you did have to pay, it would certainly be worth $175 to find out once and for all). I asked him if many people return them and he said that they don't, so this (combined with the fact that they make it so easy to take one home to try) made me think that this is a superb product that sells itself and that I will be thrilled and there is nothing to second guess. A good night of sleep for my restless, aching body would be worth it. Nevertheless, I continued to ask him if there were any "hitches" and he said “No, there are no hitches.“ I asked "Do I need to read any fine print?" and he sort of chuckled and said that I did not (implicating that he heard me and I had a clear understanding and that there were NO HITCHES). Having repeated myself while asking all these questions, I was certain that [redacted] was telling me I had nothing to worry about. I was told (in response to my question) that I did not have to read any fine print and so I naturally believed what he was telling me. The bottom line: He could clearly see that I was not comfortable taking his word for it. This should have been a VERY LARGE RED FLAG to him that I was looking for 100% TRUTH and that I would hold him to his word if necessary. It was as if [redacted] was telling me he had my back, no worries whatsoever. I can’t remember exactly what I had to enter on the point-of-sale pad with the stylus… some information for my credit application (I believe the last four digits of my SSN and signature…?), but after the credit application was approved for the full amount, [redacted] asked me to sign my name, much the same way you sign for a [redacted] or [redacted] purchase at checkout. So I didn’t really think about it – but looking back, I guess I felt like I had signed (1) a point-of-sale credit application and (2) a purchase invoice and certainly did not “feel like I signed a contract” – I of course, was later told that I had.

Five days later, I called [redacted] and told him my husband had been sleeping in the guest room because he couldn’t get comfortable. I also told him I had been having considerable pain and having to take pain pills every night so it was hard to say how the actual mattress felt to me but that I COULDN'T STAND the adjustable base because I get stiff if I can’t move and have to sit reclined in a specific position (like in a recliner). That is when he dropped the bomb on me and told me the adjustable base was not returnable. Even though I was very upset to hear him say this, mindful of our clear conversations about fine print and hitches, [redacted] and I had a very good conversation. Then I said in a very reaffirming way… [redacted] – you know I asked about hitches… You know I asked about fine print… You know I did not feel well and you assured me when I asked over and over about a mere $175 return charge, never mind a non-refundable base! He was VERY nice, saying… I know, I remember you saying that… and Yes, I remember that too. He NEVER disputed anything in our conversation and assured me that he would do everything possible to make things right. I told him I wanted to find out ASAP because I knew I would be stressed to no end about this and stress makes ALL of my conditions worse so I cannot afford it. He said he would find out but NOT to worry -- Sleepy’s wants its customers to be happy, etc. --(He went even further to say, don’t tell anybody I told you this because I am not 100% positive, but I feel certain they will take care of this. (BECAUSE HE KNEW HOW MUCH HE HAD LIED TO ME!)

[redacted]NOTE: Never mind the lies, but it seems strange to me that I have never signed a contract except for items like cars, timeshares, and real estate; for purchases such as electronics, furniture, and appliances, I have never later found out that what the salesman has told me did not match up with the terms and return restrictions typically found on the back of the receipt. The reason for this is probably because I ALWAYS ENGAGE WITH THE SALESPERSON AND ASK MANY QUESTIONS! In fact, when shopping to make a purchase, I have embarrassed my husband and/or children on MANY occasions, asking many questions to make sure I understand what I am purchasing, the terms of the purchase, etc. I am not embarrassed by this, but they would all say that I am ridiculous with my repetitive conversation with salespeople and they are probably right, but I consider myself to be THAT cautious of an individual. In this case, I signed a “legally binding contract” on a point-of-sale machine and as I asked about any fine print, I was told by [redacted] that he had told me everything and that there was nothing else to add.[redacted]

I called [redacted] back the next day; he was extremely cordial until I told him that I had spoken to his [redacted] and HQ. I reminded him of our conversation the previous day, telling him that I wished the [redacted]) or HQ could have conferenced him in because I was sure [redacted] would confirm everything in regards to our conversation. [redacted] agreed on everything until I got to the part about the fine print and he abruptly stopped me saying NO, I didn’t say you didn’t need to read the fine print!

{OF COURSE (!) he didn’t admit to that part – saying you don’t have to read fine print is ludicrous and the very basis for my complaint!}

Then the conversation was not so friendly anymore. I said Come on, [redacted], you know I said it on Veteran’s Day and you know I said it yesterday when we spoke on the phone. You said… yes, I remember you saying those things and try not to worry, I am sure we can do something about this. Like I said, he even went so far as to tell me he was ALMOST CERTAIN they would take care of me so not to worry.

From here, I went from the Richmond, VA [redacted]) who merely tried to stall me stating "this is a process"... "this takes time"... "you are going to have to wait it out, but I am trying to help you” so I eventually became nervous that he would do this until the allowable time frame for a "Comfort Exchange" on the mattress passed, so I went straight to HQ, which was NOT EASY because they all sound like robots. After being told by one customer service agent after the next that… I SIGNED A CONTRACT, MATTRESS BASES ARE NOT RETURNABLE. PERIOD!... I eventually heard from [redacted] in the Marketing Department saying Sleepy’s saw my Complaint on the Consumer Affairs website and, without wanting to know a thing from me, don’t you know that [redacted] very abruptly stated that “mattress bases are not returnable.” Period -- end of story. The SAME as everyone else. I said “Are you aware of my situation? She said “Yes, you signed a legally binding contract and it clearly states that mattress bases are not returnable.” So I told her that I would wait to hear back from their legal department. She said “why would you be hearing from our legal department?” -- I told her that in addition to the consumer complaint I submitted, I had already been in discussion with numerous Sleepy’s employees and that the [redacted] informed me that my case was being worked by the legal department and that I was in the process of typing my personal statement to submit to them. She said “This is not in our legal department, if it was then I would know about it and it is not.” (Surprise, evidently the [redacted] lied to me as well.) I then ask [redacted] if her response was on behalf of the entire company, i.e., is this Sleepy’s final response on the matter?... because I am ready to move to the next step of this process. I politely told her I was not going to quit and that I would do everything in my power to have Sleepy’s forced to do the right thing and stop the deception before this salesman (and any others, for that matter) had the chance to take advantage of one more person.

[redacted] hesitated to respond on behalf of the entire company when I asked why she didn’t even want to know further details. So she listened to me and during my communication of the events, I became very emotional explaining that I was going out of work on disability retirement next week and that I was vulnerable on the day I went in to Sleepy’s and that [redacted] not only blatantly lied about the terms and conditions, he took advantage of the position I was in by befriending me and making me feel like he totally understood my [redacted]a and structural issues that have required many surgeries and at least one more in the near future and several more upcoming surgeries if the physical therapy is not successful. Evidently she felt sorry for me because at that point she at least pretended to be concerned about my situation. She spoke with her manager and came back with a proposition: If I would be willing to go back into Sleepy’s and pick out another mattress instead of getting a refund on the mattress, they Might (she emphasized the capital “M” several times) work with me on returning the base. But it was a BIG MIGHT…

I reiterated to her that I was not trying to get out of PURCHASING a mattress -- that I needed one -- so I told her I would go and pick out another mattress and that it would definitely be a high end one but not as expensive as the top of the line Tempurpedic. When I asked, she confirmed that I would get credit on my account for the difference and that it did not have to be a sale of equal or greater value since they were aware of the cost of the Tempurpedic. We shopped around because I was OBVIOUSLY not going to go back in to Sleepy’s [redacted]. Much to our dismay, after much shopping around, we picked out a mattress; however we later (VERY RELUCTANTLY) found out that Sleepy’s does not sell the top of the line Simmons Beauty Rest “Black.” At first, I was upset that we would have to settle for another mattress but after trying out other mattresses, I was determined that we should NOT HAVE TO SETTLE! So I called [redacted] and informed her that my husband and I needed to buy the mattress we felt was best for us, even if it meant buying from someone else. [redacted] had a good “poker face” over the phone because all she said was “Alright then, we can only pick up the mattress… I told you if you were willing to purchase a mattress from us that we Might (repeat Might) be able to work with you on the base but now we will not work with you.” So I told her if that is their final response, I will go forth with the Better Business and Virginia Attorney General Report. I also told her that I called the credit card company ([redacted]) Dec. [redacted] and filed a Dispute Claim. The woman who took my information down said she had filed my claim and that Sleepy’s will have 60 days to resolve the matter and that in the meantime I didn’t have to pay anything.

So far, Sleepy’s has not received a dime from me as we did not make a deposit. If none of the above work in my favor, my next step is to file for litigation at the [redacted] County Courthouse, where I will have absolutely NO PROBLEM placing my hand on a bible and proclaiming to tell the whole truth and nothing but the truth. In that claim I will ask the Court to assess Court costs to Sleepy’s, rule that the contract was based on fraud and therefore unlawful and cancel my debt to Symphony, ordering Sleepy’s to pick up everything that was provided to me; I will likely not try to muddy the waters asking for damages but I will add that I was so upset by this matter that I entirely missed Thanksgiving celebration at my sister-in-laws house and the entire month of December was one huge mess, no thanks to Sleepy’s and [redacted].

I feel like I gave [redacted] EVERY opportunity to back down from his assurances that I understood the terms of this agreement and to save his lies for someone else. How could he NOT HAVE KNOWN that I was covering ALL of the bases by going OVER and OVER the $175, yet he never pointed out… (or reminded me if he seriously believes it was discussed)... that the adjustable base was not included in the trial and that in spite of being in considerable pain to the point of near nausea, I was purchasing a $5,000 non-returnable, adjustable bedframe.

I was in the need for a mattress so I decided to trust the “Only Mattress Professionals” -- I guess I didn’t think Sleepy’s would print something in Black and White and Red on their website that they didn’t plan on backing up. And I certainly didn’t think one of your “professionals” would intentionally mislead me or lie to me. I had NO REASON TO DOUBT THIS AND EVERY REASON TO BELIEVE [redacted] HAD THE KNOW-HOW I CAN TRUST.

I am honest, trustworthy, self-sufficient and a very strong-willed individual, but any motivation behind my strong will is ALWAYS based on truth and doing the right thing.

The bottom line is that the “legally binding contract” signed by me, is not a legal contract at all. It is, IN FACT, BASED ON TOTAL FRAUDULENT AND DECEPTIVE BUSINESS PRACTICES. I feel that these fraudulent and deceptive business practices are (OR SHOULD BE!) against business licensing regulations and thus should be against the law.Desired Settlement: I am asking that Sleepy's pick up the adjustable base; additionally, I am asking that a complete refund for all charges (to include the "free" items provided -- pillows and mattress cover -- as well as the $175 comfort exchange that I had fully anticipated having to pay for), be made to the [redacted] Bank credit account (ending in [redacted]).

Business

Response:

Case #: [redacted]On November **, 2014, [redacted] received delivery of two Tempur-pedic twin extra-long size mattresses, two twin extra-long size adjustable base and accessories. On November **, 2014, [redacted] contacted our Customer Care Department requesting to return her Tempur-pedic twin extra- long size mattresses and two adjustable bases. [redacted] was informed the adjustable bases were not a part of the 90 Night trial offered by Tempur-pedic nor is it part of our Comfort Exchange policy, therefore, making the base only non-returnable. Dissatisfied with the response, [redacted] requested to speak to a [redacted]. Upon speaking with Customer Care [redacted] was informed that the bases could not be exchanged or returned. However, the mattresses were eligible to be exchanged or returned under the promotion terms. On December *, 2014, upon receiving a complaint made via social media, a Customer Relations Representative contacted [redacted] stated that upon making her sale she was never informed of the Tempur-pedic promotional terms and conditions. [redacted] received at the point of sale, an invoice that states in clear and concise language “The Comfort Exchange applies to mattresses and box springs ONLY and excludes motorized beds, cots, special orders, and outlet and clearance merchandise.” Tempur-pedic also states “The 90 Night trial covers the mattress plus foundation, TEMPUR-Ergo adjustable bases (all models), bed frames, pillows, cushions, linens and accessories do not qualify.” In an effort to come to a resolution, Sleepy’ s advised [redacted] to reselect new bedding and in the interim, the inquiry of returning the bases would be review with marketing [redacted] for the Virginia region. On December *, 2014, [redacted] contacted our Customer Relations Department to follow up on her last inquiry. [redacted] informed she reselected new bedding under the Simmons Black line from a competitor in the local area. Sleepy’ s informed [redacted] the Simmons Black line model she selected is not sold at Sleepy’ s, however, there were alternatives under the same manufacturer. [redacted] declined and reiterated all she wanted was to return the Tempur-pedic mattresses and the bases. Sleepy’s reiterated once again the bases would not be an option for an exchange or to be returned for a refund. [redacted] unwillingly accepted the pick-up and refund of the Tempur-pedic mattresses. [redacted] was informed the applicable re-stocking fee of $175 would apply. The return of [redacted]’s mattresses was scheduled for December **, 2014. [redacted] received a total refund in the amount of $6175.70 back to her finance account with [redacted] Financial. If you have any further questions please contact [redacted] at ###-###-#### or [redacted].

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

Sleepy's is skirting the issue at hand -- all they have done is come back with some of the factual details of the purchase. The fact that Sleepy's suggested that if I purchased another mattress from them, they would CONSIDER taking the base back (EVEN THOUGH THEY ARE EVIDENTLY 100% STEADFAST ON THIS POLICY), indicates to me that they realize there is disputable claim. I, of course, had ABSOLUTELY NO ISSUE exchanging the mattress for another mattress; in fact, it was my intention to do so. However, I decided to comparison shop at another (*SEE NOTE BELOW) vendor. I selected a suitable mattress elsewhere then tried to purchase it from Sleepy's. Since they did not carry the mattress, I tested and reviewed their "comparable" mattresses (i.e., comparably PRICED Simmons mattresses), but found that they were in NO WAY comparable in quality details. Therefore, my husband and I decided that the $175 charge to return the Tempurpedic to Sleepy's was worth the hassle of having future regrets about our final selection. The mattress RETURN (vs. SALE) should have in no way be "USED AS LEVERAGE” to make a determination on whether to allow return of the base. It appears that since I did not play their game, they are not going to play mine.*NOTE THAT I INTENTIONALLY 'PLAYED DUMB' WHEN SPEAKING WITH THE SALESMAN AT THE OTHER VENDOR; HE CONTINUALLY CORRECTED ME WHEN I REITERATED AN INCORRECT ASSUMPTION. WE WERE VERY IMPRESSED WITH THE SALESMAN'S INTEGRITY; WE ARE MORE CONVINCED THAN EVER THAT SLEEPY'S WAS CONDUCTING DECEPTIVE AND FRAUDULENT SALES PRACTICES AND I BELIEVE THIS ‘TEST’ PROVES THE POINT. I provided more than ample information in my complaint for Sleepy's to appropriately respond. They totally disregarded my claim of deceptive and fraudulent sales practices. Sleepy's is completely aware that my assertion is that the [redacted] showroom salesman took advantage of me coming into the store to try mattresses -- intentionally while my joints/bones were inflamed/painful) -- and proceeded to convince me to try out a new mattress/base option. I told him I was a VERY CAUTIOUS CONSUMER and that I wasuncomfortable making a $10,000 purchase on such a day, especially given the fact that my pain had progressed to a nearly [redacted] level. When I SPECIFICALLY asked, he continually reiterated to me that there were "No hitches" and when I further clarified that this purchase could be undone and that the highest cost I could possibly incur was $175, I am MOST certain that he knew I was referring to the ENTIRE $10,000 and not just the mattress. THIS is my justification for my claim of utter deception and fraud and I havesummarized in bullet form as follows:* I did NOT state that I was uncomfortable making a $6,000 purchase; I DID, HOWEVER, CLEARLY state that I was uncomfortable spending $10,000 in my current (health-related) condition.* The salesman confirmed there were "no hitches" -- that the purchase could be undone for no more than a $175 fee.* When signing the invoice, I SPECIFICALLY asked if there was any FINE PRINT I should be reading and was told there was none.* Because I believe consumers have protections against unfair and deceptive business practices such as this and since the salesman spoke to me with authoritativeand definitive confidence, at no point did I question that this salesman would blatantly LIE to me. * It was clear I was looking for 100% transparency; this should have been a VERY LARGE RED FLAG and an indication that I would hold him to his word if necessary.* The salesman evidently decided to take the gamble that I would be satisfied and risk any possible consequences.* It is obvious from their response that Sleepy's is relying on their policy and not the facts at hand.* Due to Sleepy's stall tactics and unwillingless to resolve this matter by UNDOING THEIR WRONG, in return for the inconvenience Sleepy's has put me through and the now over two month's suffering, I am asking that the base and all free merchandise be picked up and the $175 fee be credited, resulting in a zero balance to my [redacted] credit card (which is currently pending dispute resolution with zero payments having been made to date). These are my claims and THESE ARE THE CLAIMS I WANT A RESPONSE TO. If I do not hear anything by the end of the week, I will proceed to file with the Attorney General's office and from there I will go to litigation in a court of law so that a judge can rule on my claims of deceptive, unfair, and fraudulent sales practices and that this is NOT IN COMPLIANCE WITH REGULATIONS AND/OR BUSINESS LICENSE AGREEMENTS.

In order for the Revdex.com to appropriately process your response, you MUST answer the question above.

Sincerely,

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

Sleepy's states they have attempted to resolve the complaint to my satisfaction. However, while extending the offer to provide a partial refund seems like they are trying to meet me halfway -- and I do appreciate that -- the bottom line is that it can't possibly be to my satisfaction because my complaint is based on the fact that I was led to believe that the ENTIRE $10,000 purchase could be "undone. I clearly stated to the salesman that health-wise, I was in no position to be making a decision on a $10,000 purchase. He lured me into "trying it anyway" and completely led me to believe that "giving in" and signing the paperwork was not a final decision. As it turns out, the base is not usable due to my neck injuries/past (and possibly future) surgeries and because the salesman deceived me into signing and believing this, I believed he had the authority to offer me this option. I truly believed that I had no worries and to this day am devastated that I was deceived in this way. To say that the offer to credit my account in the amount of $800 resolves the complaint to my satisfaction is impossible because, regardless of the final cost, I am left with a Tempurpedic adjustable base that I simply cannot use due to the angle of the head inclination.

In order for the Revdex.com to appropriately process your response, you MUST answer the question above.

Sincerely,

Business

Response:

Case #: [redacted]Sleepy’s is in receipt of the second rebuttal filed by [redacted] for case # [redacted]. Sleepys position and offer still stands in reference to the Tempur-pedic adjustable bases. As stated in our original response, at the time of purchase, [redacted] received an invoice which stated the following terms in clear and concise language, “Comfort Exchange applies to mattresses and box springs ONLY and excludes motorized beds, cots, special orders, outlet and clearance merchandise.” Furthermore, Tempur-Pedic also states, “The 90 Night In-Home Trial covers the mattress plus foundation. Tempur-Ergo adjustable bases (all models), bed frames, pillows, cushions, linens and accessories do not qualify.”On January **, 2015, a Customer Relations Representative reached out to [redacted] to present her with one final offer. Contrary to Sleepy’s well-established policies and in an effort to ensure customer satisfaction, Sleepy’s agreed to offer [redacted] a partial refund of $800.00. [redacted] would keep the Tempur-pedic adjustable bases with the full manufactures’ warranty attached. [redacted] declined the offer stating she would escalate the complaint further to either the Attorney General’s office or Small Claims court. Since we have attempted to resolve the complaint for [redacted]s’ satisfaction, we believe no further action is required at this time. If you should have any further questions please contact [redacted] at ###-###-#### or [redacted]

Review: @Sleepys (Sleepy's mattress company) is ripping off my 83 year old Mom, who is currently fighting breast cancer, for $1500 by purposely delaying her exchange of her mattress, under their warranty. She called them the 1st week she had it, and went into their [redacted] store where she bought it, each week telling them she wanted to exchange it because it was too firm and she could not sleep. They took advantage of her niceness and kept telling her to wait and that it was store policy to wait 30 days before exchanging a mattress. Unbeknownst to her, the fine print on the back of the sales agreement stated that her mattress was on a trial basis, she had to keep it 30 days to exchange it, and had to be in pristine condition to exchange. I only saw this when I asked her for the sales slip when I went to contact them to file a complaint when they refused to exchange it because it had a small spot, less than a quarter in size that could barely be seen and certainly not by my mother with her eyesight that could possibly have been there when the mattress was delivered. My Mom also doubted that the mattress she received was the same as the mattress she tried out in the showroom and stated this to Sleepy's salesman and management each and every time that she contacted them

After my complaint, Case # [redacted], they are now trying to extort another $600 from her to exchange it.

All this time she has been unable to get a good nights sleep whilst undergoing her [redacted], during which she needs all her health and energy, especially a good nights rest, which she is not getting.Desired Settlement: My desired outcome is to exchange the mattress for the softer one that my Mom can sleep on and get a good nights rest so to keep up her strength throughout her [redacted].

Business

Response:

Case # [redacted]On June **, 2015, [redacted] purchased from Sleepy’s a queen size Serta I-Comfort set. [redacted] received delivery on June **, 2015.On June **, 2015, [redacted] contacted the store to advise that the mattress was too firm. She requested the option of completing her vendor trial exchange. [redacted] was informed that in accordance to the Serta 120 Night In-Home Trial listed on her terms and conditions, she is required to keep the mattress for a minimum of 30 nights before she can take advantage of such offer.On July **, 2015, [redacted] requested to exchange her Serta I-Comfort Intellectual for the Serta I-Comfort Aura. An exchange was created and scheduled to be delivered on July **, 2015.On July **, 2015, the exchange was attempted. The delivery driver contacted our Customer Service Department because a stain was noticed on mattress. [redacted] was informed that we were unable to complete her vendor trial exchange. [redacted] received at the point of sale, an invoice that states in clear and concise language “The merchandise must be in sanitary condition, clean, free of tears, burns and stains of any kind.” On July **, 2015, upon receiving a complaint made via social media, a Consumer Relations Representative contacted [redacted]. In an effort to come to a resolution Sleepys advised would offer her a partial credit of $700 plus tax that she would be able to use towards her purchase of the Serta I-Comfort Aura. [redacted] declined offer.Dissatisfied with the attempt to resolve, [redacted] son filed a complaint with your agency. Contrary to the vendor’s trial and Sleepys well-established policies, but as a one-time accommodation to [redacted], Sleepy’s offered to complete an exchange on mattress. [redacted] was required to purchase a mattress protector to protect mattress from stains that can void the manufacturer’s warranty. On August **, 2015 a letter was emailed with the terms of the agreement and once we receive the signed copy an exchange will be created. As we take these complaints seriously, we believe no further action is necessary. If there should be any further questions or concerns, please contact Chanelle R[redacted] at ###-###-#### or [redacted].

My husband and I purchased a king mattress set from the Sleepy's "Sleep to Live" line about 5 years ago. 6 months ago, we could no longer stand the daily back pain that came from the sags in the mattress (which started about 2 years after our purchase). I contacted Sleepy's & jumped through their hoops. I emailed all pictures & data required & it took them several months to respond. We were finally told that we didn't qualify for a comfort replacement because the sags I measured were a quarter of an inch from the required 1 and a half inch depth. So I went back & found a spot that was indeed 1 1/2 inches deep, sent the pics and then, even after several calls/emails, I couldn't get anyone to respond. I had to threaten legal action to finally get a response. Still haven't received whatever is needed in order to replace the mattress. Fingers crossed. Definitely NOT worth the $2,100 we spent. If I hadn't continued to email and call, they would probably never have honored they're contract. Bad business!

Review: We purchased a mattress on Dec**,2013 with delivery on Dec [redacted]. The mattress delivered was not the one we purchased. Model numbers were not the same. This continue used for two weeks with a total of four attempted deliveries all with the wrong mattress being brought. Twice I spoke to [redacted], the [redacted]. The first time he assured me we would get the correct product delivered after attempt number 3. When the wrong item came in I called directly and requested an immediate refund but the product could not leave my home till I received my refund or at least proof it was being processed. I had to call back the next day and request the copy before they took the mattress, box spring and rails out. I received an email copy and then a hard copy of receipt of pick up but I have yet to receive the actual funds in my bank account. We have made numerous attempts to resolve this matter with the store and [redacted] and each time we are. Given the run around. this has been on going and not resolved since January *, 2014. I have now filed a formal dispute with my bank regarding these charges as fraudulent since the items have been picked up, I have hard copy receipts of the refund in hand but now funds have been refunded.Desired Settlement: I also request an apology and a less then perfect rating. I as a military spouse plan to also list them as a place to not do business with at local bases and on line media. This has been going on since January *,2014. I also feel at this time I should receive a gift card to use at one of their Virginia based Sleepy's locations over and above what is refunded to my credit card as an apology for all the time and discussions and broken promises from this corporation .

Business

Response:

Case #: [redacted]

On

December **, 2013, [redacted] placed an order for two Carolina Guild full size

mattress set. [redacted] contacted us claiming that mislabeled mattress was

delivered to her. Sleepy’s attempted to exchange [redacted]’s mattress. Unfortunately

and very much out of ordinary, Sleepy’s kept delivering mislabeled mattress to

[redacted]. Sleepy’s has agreed to remove

[redacted]’s mattress and issue a full refund. Part of the refund was processed, however, the

remaining amount has not been processed. Sleepy’s processed the full refund on January

**, 2014. Upon receipt of this complaint from your office, our Customer

Relations Department reached out to [redacted] who stated that she received her refund and

that no other assistance is needed.

We

sincerely apologize for any inconvenience that this delay might have caused [redacted]. Since we have resolved [redacted]’s complaint, we believe that no further action is required at this

time. If I may be of further assistance, or if you require additional

information, please contact [redacted] at ###-###-####, or [redacted]

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me and the matter has been resolved.

Sincerely,

Review: Hi, I bought two CM Ortho Posture CF Twin Mattresses on July [redacted], 2014. The mattress that I saw in the showroom was completely different than the mattress that we got on delivery day. The mattress in the showroom had "Nature's Image" written on the ticking of the mattress and it felt firmer and more balanced. The mattress that was delivered had a pattern on it and is quite softer (more plush) than the one we saw. The employees at [redacted]s claim that if the ticket is the same on both mattresses, then the mattress is the same. They also claim that the manufacturer could have changed the mattress ticking. However, my family and I know that the mattress feels different than the one we saw in the showroom and on top of that it looks different. When we went on the manufacturer's website we found out that "Nature's Image" is a different line of brand! The mattress in the showroom either has a false ticket because it is not the same mattress that was delivered OR the mattress that we got is of lesser quality.Desired Settlement: We just want the same mattress that we saw in the showroom with "Nature's Image" written on top of it which feels firmer. IF the manufacturer has changed the mattress then we want a refund because this is not the same mattress that we saw in the showroom. There should be no disparities between what you see in the showroom and what arrives at your front door. Either give us the mattress we saw in the showroom or give us our money back so that we can take our business elsewhere. Thank You.

Business

Response:

Case: [redacted]

On July **, 2014, [redacted] received delivery from Sleepy’s of two (2) twin size Carolina Ortho Posture mattresses model # 1501. On July **, 2014, [redacted] contacted Sleepy's Customer Service Department to inquire on the exchange policy, claiming to have received the wrong mattresses as he felt the fabric was not the same as the mattress he tried in the local showroom nor was the feeling of the mattress the same. [redacted] was informed of the exchange policy which involves a disposal fee of $150 as well as an applicable delivery charge. With regard to the reason for his complaint, [redacted] disagreed and asked to speak to a [redacted] was able to speak to a [redacted] in our Customer Care Department and as a courtesy to [redacted], was informed that upon his making a reselection, the standard disposal fee of $150 would be waived however the applicable delivery charge would apply. This same evening, [redacted] requested an even exchange. Delivery was set for July **, 2014.

On July **, 2014, upon receiving delivery, the delivery driver contacted our Delivery Support Department stating [redacted] wished to refuse the new bedding. [redacted] informed us that upon returning to his local showroom, he took pictures and video of the mattress there and they do not match. Dissatisfied with the outcome, [redacted] filed a complaint with your agency.

Upon receipt of [redacted]’s complaint a representative in our Customer Relations department made contact. [redacted] was informed the mattress in the showroom is the original mattress from when Sleepy’s received this model from Carolina Mattress Guild. [redacted] was informed that the manufacturer reserves the right to change the fabric during the manufacturing process and this is something that Sleepy’s doesn’t have control over. [redacted] was able to confirm he did receive the correct mattresses based off his picture of the law from the mattress located in the showroom. With [redacted] still not satisfied with the (2) Ortho Posture mattresses, Sleepy’s offered [redacted] to return to the showroom to reselect other mattresses within Carolina Mattress or a different vendor. [redacted] agreed and was asked to call back with specific model numbers in order for pricing to be discussed.

As we take these complaints very seriously, we will continue to assist [redacted] to ensure his complaint is resolved to his satisfaction. Should the agency have any further question or concerns, please contact [redacted] at ###-###-####, or [redacted].

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me and the matter has been resolved. I did select two different mattresses from Sleepy's a few days ago and the delivery came today around 3:30 pm. Thanks to [redacted], we were able to pick two different mattresses around the same cost without any delivery fees and I am very happy with the new mattresses that are not from the Carolina Mattress Guild (Thank God!). The mattresses that we received this time around are from a different vendor and match the ones we saw in the showroom. Thank you Revdex.com for solving our problem when Sleepys' customer service was not very helpful. Thank you [redacted] for being so friendly and offering a viable solution.

Sincerely,