Sleepy's

Review: On 1/**/14 we bought a new mattress for the first time in 20 years. Let me first say that I had no idea what this process has turned into and when it changed from simply selecting medium, firm, extra firm to a plethora of choices and claims that have made this a nightmare. With the help of our "mattress professional" in Sleepy's North Conway store, we selected a King'sDown brand floor sample based on the comfort and the fact that it had chilly wave, arctic cool gel something or other that I was led to believe would help me sleep cooler. I do not want to get into my medical issues, but I was very clear that I had read the memory foam can make you hot and I did not want that. I was assured that this would be cool and actually draw the heat away from my body. The delivery was screwed up and I never got the mattress until 2/*/14. They did waive the delivery fee.Long story short. The mattress is very hot. Sleepy's only offers a comfort return and the salesman told me that the $250 comfort return fee would not be charged since I have selected a less expensive mattress with less memory foam. He also was going to give me a bamboo mattress pad at no charge. However, this did not happen. He told us his [redacted] would not allow it even though he promised that he could do that. I now have to pay the $250 and the full retail price for the new mattress-far more than their sale price. I have contacted Sleepy's customer service and spoken to 3 different people. One said she would speak to management and get right back to me. She never did. That was 3 days ago and in spite of numerous promises that I would be getting a call back, it has never happen. I call every day. The "comfort guarantee " runs out on 2/**/14. Then I am stuck with a $1500 purchase that is going to be a total loss as I cannot sell a used mattress.Desired Settlement: Ideally I would like my money back. I would settle for taking the Serta with less memory foam so that I can hopefully layer it with a couple of mattress topper that are breathable. That alone will probably cost me about $400 as natural fibers are not cheap. The Serta mattress is far less expensive and according to their "comfort return" I have to take a mattress of equal value or put it toward a more expensive one. Those have more memory foam which would be hotter.

Business

Response:

Case #: [redacted]

Upon receiving the complaint

from your agency, a Customer Relations Representative reached out to the

[redacted] in that area to assist with [redacted] concern of the Comfort

fee in the amount of $150.00 as well as the delivery fee in the amount of

$99.99. As a courtesy and very much out of the ordinary [redacted] request of

waiving the Comfort and delivery fee has been honored. [redacted] has been

made aware of the accommodation and her Comfort Exchange has been created

reflective of the Serta queen mattress.

At this time we are currently awaiting

the consumer’s availability to schedule the delivery. Since

we have resolved the [redacted]’s complaint to their satisfaction, we believe that

no further action is required at this time. If I can be of any further

assistance, or if you should 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:

I had thought that this complaint was resolved, but as yet, Sleepy's has not kept their end of the bargain. It was agreed that they would deliver a Serta I series mattress without charging me a delivery and comfort exchange fee. That did happen on March *. However, they also agreed to ship me a bamboo mattress topper which I believe sells for around $269 on their website. I have the bill of sale and an email saying it would be delivered around March **. Today is March [redacted] and I have yet to receive any shipping confirmation or tracking #. I realize that to be fair I should allow a couple of more days, but given what I experienced with this company, I am skeptical that they intend to follow through without further input from me. I feel that they are probably waiting for me to just give up on this. They still have $1382 of my money and all I have is a mattress that is of much less value than that. I would like the mattress topper no later than end of business on Monday, March ** which will require expedited shipping or would like all of my money back and they can then come pick up their mattress. [Your Answer Here]

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

Sincerely,

Business

Response:

Sleepy’s is in receipt of [redacted]’ rebuttal.

Sleepy’s has stepped outside of our established policies and procedures and issued [redacted] a refund in the amount of $250.00. At this time it is the consumer’s responsibility to inquire with her Credit Card institution until they have posted her accommodation

refund.

Since we have resolved the [redacted]’s complaint by issuing a $250.00, refund, we believe that no further responses for this consumer are required at this time. If I can be of any further assistance, or if you should 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 find that this resolution is satisfactory to me and the matter has been resolved.

Sincerely,

Review: On April [redacted] my husband and I went to the [redacted] location to collect my $200.00 deposit I put down a mattress. I was told there would be no problem getting this refund. I didn't have my same debit card that I used to put the deposit down so I was told that I would receive a check. When I returned home I had just missed a call from customer service which appeared on my caller Id. We called back and was told by [redacted] that we were not able to receive a refund only a store credit. This was new to me. When [redacted] the original salesperson who we spoke with and gave the deposit to took our deposit he said that I could be assured that if I wanted a refund, I would get a refund back. He never gave me a time limit for this refund. I asked for [redacted]'s [redacted] name and [redacted] identified himself as the [redacted] and that he doesn't have a [redacted]. He rudely told me I could try to find his [redacted] and that I wouldn't be able to. I was stunned by his arrogance and lack of customer service.Desired Settlement: I do not wish to be forced to patronize an establishment such as sleepy's. I was told I could only get store credit and there is nothing in that store that I wish to purchase.

Business

Response:

Case # [redacted]

Sleepy’s is in receipt of [redacted]’s complaint and I am pleased to inform you, we

have come to a resolution. Since [redacted] cancelled her order for $200, she was requesting a refund, however,

we only are able to refund to the original form of payment. Since [redacted]’s original debit card is

now closed. We requested that [redacted] provides us with a letter from her bank, verifying that the account

is closed so we may gladly mail her out a refund check of $200.

Since we have resolved the complaint, we believe that no further action is required at this time. If I can be of any further assistance, or if

you should require additional information, please do not hesitate to contact me

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: I write this letter seeking your help and assistance regarding the unfair, deceiving, dishonest and spiteful act from Sleepys representative and the protocol they follow to scam customer into giving them more money and providing customer with bad and defective mattresses. The following information will provide proof of evidence and information that support my defense against Sleepys and the hardship I am experiencing for almost a year now, which is the cause of my daily pain, discomfort and suffering, every day since I bought the mattress. On February **, 2013 I purchase a mattress from Sleepys located at [redacted]. I purchased a King coil queen size mattress and box spring for $990.74. At the time of purchase, a Sleepys sale representative named [redacted] was the one whom attended to me and completed the sale purchase. During the process of choosing a mattress I was looking for firmness and comfort. I had my eyes on a Queen Size Beauty-Rest but [redacted] explained the mattress was far from the budget I was looking to spend. He insisted on a mattress that he guarantee was suitable and he was able to lower the price to the spending limit I had. I felt the bed, slept on it and it felt good and seem to be what I was searching for. He agrees to lower the price and we proceeded to complete the sale purchase. He continued to explain the return policy to me and he stated I have 27 days to try out the mattress and if I wasnt happy with it within the time frame I could exchange it, all I needed to do was go back to the store. During the time of purchase several mistake were made on the application which I pointed out and asked to have corrected. [redacted] stated it wasnt a problem and wasnt necessary making any changes as long as it had a name. He also stated that he couldnt give me the sale price unless I applied for credit with Sleepys, I didnt want to but, being that I wanted the sale price I did and was approved for 100 dollars which I didnt have to pay until 6 months. That finalized the day of purchase.Now to explain why Im writing to you today, I will try to make a long story as short as possible. During this explanation you will be provided with evidence to prove my point and allegations toward Sleepys and why I feel they should be investigated for deceptive sales tactics. In addition Sleepys should be appointed to refund me or at least exchange the mattress. According to an article I found on the DCA website http[redacted]. It states that in 2005 DCA launched an investigation into Sleepy's for deceptive and unfair sales practices based on a pattern of consumer complaints. I found more than 10 recent different complaints from other consumers regarding the same problem as I face or worst; these are a few of the website as followed[redacted]Based on the DCA article it is stated that they secured and insured that Sleepys has agreed to do right by their customers, both those injured in the past and others moving forward.According to the article DCA uncovered multiple violations, charging the retailer:Exchanged defective mattresses with equally defective mattresses.Charged an additional delivery fee to consumers for an exchange of damaged mattresses.Failed to deliver items when scheduled, and did not properly inform or offer customers a store credit or refund.Refused to honor manufacturer warranties because of alleged stains.The article also stated: As part of its settlement with DCA, Sleepy's has agreed to:Charge no delivery fees to return damaged merchandise within the first three months after purchase.Implement prescribed procedures to prevent delivery of damaged mattresses.Notify customers of their legal rights to return and credit whenever merchandise is not delivered on time.Honor manufacturer warranties for all merchandise, including those with alleged stains.Modify training procedures and materials to ensure that these changes become official citywide policy.Comply with all local and State licensing and consumer protection regulations.Therefore, in February 2013 when I purchase the mattress I had approximately 27 days as stated by the sales rep, which would mark the date of March **, 2013 to exchange the mattress if I wasnt satisfy. In the words of DCA commissioner [redacted] he stated "This is a significant agreement that will go a long way toward protecting New Yorkers when it comes to mattress quality and delivery." With that being said; approximately 2 weeks later of the date of purchase, I return to Sleepys the store, because the mattress was not meeting my comfort need and in fact was affecting my neck, back, hips and knees. I was looking to exchange it for a firmer and more supporting mattress. At this time the sale representative [redacted] wasnt in the store and another man named [redacted] was there. I proceed to explain what, why and how. I was told that I was given the wrong information and I needed to contact the customer service 800 number and there was nothing that could be done for me at the store. He also stated that it was in my best interest to give the mattress a try a little longer because it took the body sometime to adjust to a new mattress. In the DCA article is states that the settlement between DCA and Sleepys I was entitled to the exchange with no delivery fee within the first three months; at this time it was only about 3-4 weeks into purchase. Keeping all honesty in the open I didnt called the 800 number until about a week later, Around April, 2013, now 1-1/2 month into purchase. I spoke to a representative, who stated that there was nothing that could be done because I past my time to exchange it. I coDesired Settlement: I was prescribe medication but refuse to take it because I'm a mother of 4 but the pain is unbearable, I'm not looking to opt out on what I owe but I would like to get the services that I am entitled to especially when it is documented on the receipt. Sleepy's is refusing and had prolonged this situation for to long now... I need help... Please... I want a simple exchange to the mattress of my choice...

Business

Response:

Case #:

On February **, 2013, [redacted] utilized

Sleepy’s ‘In-House’ financing to purchase from Sleepy’s a queen size King Koil mattress

and box spring, which was delivered on March [redacted]. On May *, 2013, [redacted] contacted our

Customer Service Department claiming that her mattress was uncomfortable. Per

our Terms and Condition located on our invoice, customers can exchange their

mattress within 21 days of delivery if they are experiencing a comfort issues. As

the customer was now outside of that timeframe, we were not able to process

Comfort exchange. [redacted] was offered accommodation pricing on a new

purchase.

Sometime between May and October of 2013

customer became delinquent on her payments to Sleepy’s. In October 2013,

customer sent an email to Sleepy’s advising that she would not be paying her

balance of $150 to Sleepy’s because we were not able to process Comfort

exchange for [redacted].

On November **, 2014, a Consumer Relations

Representative spoke to [redacted]. We advised her that we could not service

her account because it was referred to an Outside Collections Agency due to the

delinquent status. Customer was advised that she would need to pay the balance

of $150 before we could assist her. We also advised customer that we could

enroll her in the Satisfaction Assurance Plus Program when she takes care of

the past due amount.

On February *, 2014, we processed a payment received

from [redacted] for $65.00. Customer still has a balance of $65.00 left on the

account. We will reach out to the customer to pay off the balance on her

account as the customer has until the [redacted] of March to complete her exchange.

If you should require additional information,

please do not hesitate to contact [redacted] at [redacted] 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:

Please [redacted] I'm begging you this is not over and according to Sleepys my deadline for exchange ends today. The information they replied with is incorrect, false and they never made an attempt to call me, there is no result and sleepys has done everything to prolonged this situation avoiding to grant me an exchange as my right as a consumer cash paying customer. This mattress is damaged, it is sinking and its affecting my health and daily activities. Not even my children can bear to sleep on the bed from the damage. I'm entitled to compensation in addition the mattress has a 10 year warranty, the receipt stated I had 21 days to go " into the store" and the representative at the store will exchange the mattress, Sleepys can not state or prove that I have not made the attempt to respond in person within the 21 days before making an attempt to call them. The representative that took care of me was fired, I stand here alone with the truth and no one is helping me make it right by getting the services I'm entitled to. .... Please I'm begging you that I'm in need of help... They are trying to get away with it because like [redacted] said they will not get any money back for the mattress with the being said of course they will state they try to help me, and waste time, so time could run out like now and they win and I'm stuck with a 1000 mattress that's damage and sinking.

?

Business

Response:

Case #: [redacted]

Sleepy's is in receipt of [redacted] rebuttal. A [redacted] spoke to

the customer on March *, 2014. She stated that she has filed a lawsuit against Sleepy’s.

She reiterated her conversation with her where she agreed to pay the full

balance owing to Sleepy’s after which we would set up a service inspection for

her mattress and box spring. She also offered to work with her to resolve any

outstanding issues that she has to bring about an amicable resolution. Customer

became upset and again repeated that she has filed a lawsuit against us. The

Specialist informed her that when the paperwork arrives, we will address it but

in the interim our offer still stands.

[redacted] promised to call back on the [redacted] to pay

the remaining balance. The balance still remains unpaid.

We will

continue to work with [redacted] and will provide your agency with an update

when the complaint has been resolved. If you should require additional

information, please do not hesitate to contact [redacted] at ([redacted] or [redacted]

Review: Iam Brian W[redacted] in behalf of my mother judith w[redacted] a senior citizen has issues with her bed that she purchased from sleepys

case#[redacted] she was was sitting on her bed and the metal piece from her bed fram snapped it was very sharp

poked through the matress a little bit and almost caused her injury the bed is no longer safe for her to sleep

as the metal pieace could end up going all the way through and stab her she is still in warranty and im asking

sleepys for a replacement bed and mattress as the matresss is also sagging causeing her pain

this is a health risk for my mom as she has no bed to sleep on she is very sad and disapointed about her

experience that she is going through with her new sleepys mattress this is a urgent matter and will be expecting

your timely response regular customer service was no help to her as they mentioned something about sending out a kit

it would be inhuman to let her suffer days and weeks without a bed due to a faulty product please contact ms w[redacted]Desired Settlement: Replacement

Business

Response:

Case# [redacted] Upon receipt of the complaint filed by [redacted], a Customer Service Manager contacted her on May *, 2016 to assist with her warranty claim. In the pursuit of customer satisfaction, [redacted] was provided a store credit of $814.97 for her twin size Carolina mattress and metal flat spring. She has chosen to use the store credit towards the purchase of a twin size Laura Ashley mattress and a flat spring. The delivery of the new merchandise was completed on May *, 2016. Since we have satisfactorily resolved her complaint, we believe no further action is required. If there are any other questions or concerns, please contact Chanelle Rousseau at ###-###-#### or [redacted].

Review: My husband and I purchased a mattress in December. At this point I was almost 8 months pregnant. Over the next 2 months, I found the bed to be uncomfortable but figured it was because at 8-9 months pregnant nothing is comfortable. We had my son in February and I spent the next 2 months sleeping in my living room so that my husband was able to get a good nights sleep for he returned to work shortly after our sons birth. I started sleeping in our bed and still found this mattress extremely uncomfortable. I wake up every morning with extreme back pain. We contacted Sleepy's knowing that we were outside of the return window but simply wanted to make an exchange and pay the difference for a different mattress. My husband called the store and after calling for 2-3 days, we were told that the District Manager said it should be no problem but he was in meetings so call customer service to take care of the issue. We proceeded to do this. The customer service rep told us there was nothing they could do and suggested we sell our bed on "[redacted]." I found this completely unprofessional, so I proceeded to write their corporate an email. I received a response within a week. I was then apologized to and once again told the issue could be resolved. I called back within a few days and left a message with the mattress that we would like to exchange ours for. Another phone call and three weeks later we had heard nothing. My husband then proceeded to call and was told that now we have had our mattress for additional two months outside their return window, so they are only able to give us a new mattress for $3200.We have already spent over $4000 on the mattress we have. We have been trying to resolve this issue for over two months, it is not our fault they do not return phone calls. I have been told on two occasions the issue will be taken care of and nothing. We would like two exchange our mattress, not be insulted by a $1000 reduction on another mattress, leaving us with two beds.Desired Settlement: I would like to have our mattress exchanged.

Business

Response:

Case #: [redacted]

Review: On 1/*/14 at 3:56 PM as per sales order invoice, I ordered a head board foot board and double ended frame for a king size bed from SLEEPYS at [redacted]. I picked up the items approximately 5:30 PM on 1/**/14 at the store and when opened the boxes at my home I found the duo grill copper pieces were for a full size bed and not the king size I ordered and is on the order invoice as a king. SLEEPYS was called immediately about the error and they said they would see if they had a replacement in the king and they said no. Asked if they could get a new one and they said it would be May before they could get it. We asked for a refund and they said only an exchange could be made. Told them wanted a full refund as per there contract. Told to call customer service which we did and they said only an exchange and we said no we want a full refund and had to read the section about a full refund then they agreed to the refund but only for the cost of the bed frame, and not the delivery charge which is $29.99 which was for shipping to their store from their warehouse. I feel we should be refunded that amount also since they sent the wrong item to begin with.Desired Settlement: I feel we should be sent a full refund and nothing less than the full amount of $545.68 which included $29.99 delivery to store for customer. I feel I should not be charged for their mistake in shipping.

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: I purchased a twin size mattress on 12/**/13 totaling $391.94 including tax and a $29.99 charge for the mattress to be delivered to the store , where I would have to pick it up from. The delivery was guaranteed for 12/**/13. On 12/**/13 I called to confirm my order had been delivered , the salesperson [redacted] whom which I purchased the mattress from was very hesitant and couldn't give me an answer when it would be in. After much back and forth he told me that it wouldn't be in that day or the next and couldn't guarantee that it would be in the day after that. I then told him to cancel the order, and I went to another location to pick up a different mattress. on December [redacted] 2013 I followed up with [redacted] to make sure my order was refunded which he said it was. Days later 12/**/13 no refund was received so I contacted the store again, spoke to another salesperson who said the order was not refunded but he would do it. on 1/*/14 still no refund I contacted sleepy customer service who informed me that the original order was never canceled and that the salesperson would have to cancel the order and that customer service couldn't do it. They have shown nothing but deceit and poor customer service, at this point I cannot trust that this person will return my money since my prior attempts have gone with no avail.Desired Settlement: I would like my original purchase price of $391.94 returned to my VISA card used at the time of purchase.

Business

Response:

Case #: [redacted]

On

December *, 2013, [redacted] placed an order for one Carolina Guild twin size

mattress. A scheduled time frame to have the mattress delivered from the

warehouse to the showroom was made for December [redacted], 2013. Subsequently, the merchandise did not arrive to

the showroom on time. As a result, [redacted] chose to purchase a different

mattress from another Sleepy’s showroom and requested cancellation of the

original order. Since there was an internal transfer locked on to the original order,

the invoice was not immediately cancelled and refunded as requested. This has

since been rectified and the order confirmed as canceled.

Upon

receipt of this complaint from your office, our Customer Relations Department

reached out to [redacted] and left a message advising that the order has since

been cancelled and the amount of $391.94 refunded.

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

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: We purchased a Serta mattress at the Sterling location for $1299 on December [redacted]. At the time of purchase we pointed out to the clerk that the same mattress was $1099 on their website (without a box spring, which we did not buy). It was explained to us that the price difference was due to the addition of 2 free Serta pillows. When we contacted Sleepy's about this on December [redacted] I was transferred to a gentleman who told me he would research it and call me back as the store should have honored the price. The pillow promotion was done by Serta not by Sleepy's.

After not hearing back from the gentleman, I called back a week later. I was told that the gentleman I spoke with did no record of my call existed. I was then told the [redacted] would call me. He did and he told me all this same information and that he would refund us the $200 directly to the finance account we opened when we purchased the mattress. That was three weeks ago and no refund has been posted.Desired Settlement: I just want them to keep their word. At this time, we simply want the $200 credit.

Business

Response:

Case #: [redacted]

On January **, 2014, Sleepy’s corporate

office received this inquiry from your office and upon receipt [redacted]’s account was accessed. Unfortunately, and very much out of the

ordinary the person handling [redacted]’s refund processed it

incorrectly, causing a delay. Our

Accounting Department was immediately notified and the process to refund [redacted]’s GE Money Bank account began promptly.

We sincerely apologize for any

inconvenience that this delay caused [redacted]. Since we have resolved the complaint, we

believe that no further action is required at this time. If I may be of further assistance, please

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

Review: My husband & I bought a Phenom 12” Super Plush King size bed and headboard from Sleepy’s Store, [redacted], on Jan. **, 2014.

When the headboard was delivered on Jan. **, it had tears and rips at the top, so they took it back, but left us with the bed. A new headboard was not delivered until February **. However that one was in good condition.

After 6 months, the mattress was sagging so badly, that on July ** the Mattress Marshal came out and measured and declared it defective. We exchanged it for a top of the line Sleeping Beauty Ariana King size Bed and paid the difference.

When the new Sleeping Beauty Ariana was delivered on 7/**/14, one of the box springs was defective, so it was undeliverable. It took them 2 days to come back with replacement box springs on July ** and set up our new bed.

After 5 months there was a noticeable hump in the middle, and significant sagging on both sides. After 7 months, it was sagging so badly that both my husband and I wake up every morning with terrible back aches. We continued to rotate the mattress as instructed by Sleepy’s to fix the problem, but we were way past the point that rotating made any difference.

We are not heavy people. I weigh 180 and my husband weighs 210. We shouldn’t be having these problems with a high end mattress that is not even one year old.

On 3/**/15 the Mattress Marshal came out and measured. His report indicated that the mattress was not sagging ‘enough’ at 1” inch to declare it defective. I measured the sag myself and found it to be 1 1/2”. However the Marshal did find in his report that both box springs were sagging at 3/8”. Only another 1/8” and he would have had to declare them defective, which would have made the mattress defective as well.

I called Sleepy’s and they said we could have it inspected again in 6 months to see if the sagging was ‘enough’. After all the trouble we have been through with Sleepy’s from day one, I don’t think we should have to suffer another 6 months with this current bed. We literally have to crawl up out of a hammock to get out of the bed in the morning.

To date, Sleepy’s has ignored our phone calls.

Our original Sales person, [redacted], has since left the company. But I called him before he left, and knowing all that we had been through, he assured us after talking to his district manager, [redacted], that Sleepy’s was willing to work with us. That does not seem to be the case.

It is now May **, two months later, and we cannot get an answer from either the District Manager, or Sleepy’s headquarters.

We purchased these beds in good faith, have been prompt and current with all our payments to Sleepy’s, and now we are stuck with a 2nd sagging bed, a horrible nights sleep every night and backaches.Desired Settlement: My husband and I just want our money back so that we can go purchase a bed somewhere else and get a good nights sleep. We are not looking for our money back for the headboard. Just the sagging mattress and box springs. We paid $3,495 for the King Size Ariana, not including the headboard.

We used the Sleepy's [redacted] Card to purchase our beds and continue to make payments monthly. We are refinancing our home to consolidate our credit card debt, and the bank will be sending Sleepy's a check to pay the balance off. That is why we do not wish to have our refund credited back to us. But rather sent to us by check so that we can go wherever we wish to purchase a new bed, and not have to go back to Sleepy's.

Business

Response:

Case #: [redacted]Sleepy’s is in receipt of the inquiry regarding [redacted]. While we are aware of the consumer’s dissatisfaction, unfortunately; the manufacturer has established warranty guidelines, which are affixed for all consumers. The manufacturer warranty states in clear and concise language: “Impressions in the mattress that measure less than one and a half inches (1 ½)” (see attached). Based on the warranty guidelines the exchange was unable to be processed. The manufacturer’s warranty does not allot or mention refunds as an alternative resolution the warranty states: “If your product by [redacted]. has a defect covered by this limited warranty, [redacted]. will provide a replacement if a valid warranty claim is properly submitted within the applicable warranty period.” On March **, 2015, [redacted] was offered the alternative resolution of Satisfaction Assurance Plus program for a fee of $139.99, which will enable the consumer a store credit of $3,296.91. The customer refused this offer and as a result was offered a second inspection in approximately three to four months after the initial inspection to allow additional body conformity within the bedding set, the customer has currently refused this offer as well. The above offers will remain available to the consumer for the next fifteen business days, the consumer may utilize the contact information below to coordinate either offer. Since we have offered the consumer alternative resolution in which was refused we believe no further responses are required at this time. If you have any further questions please contact me [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: I purchased a mattress from your company in [redacted] and was told this is a HYPOALLERGENIC memory foam mattress. I applied to get a credit card, was approved. Looked at the one mattress that I was going to purchase and the sales associate sold me on this other one a COOLING GELL mattress because it is supposed to be HYPOALLERGENIC. Since the first night sleep my face became swollen and I continued to call the sales office and they told me it is not their fault and I should contact Tempurpedic. I did this and was directed back to the Sleepy's Store. Now going on 6 months of having a $1200 bed that I cannot sleep on without having a towel down so my face doesn't swell up, I am told NOTHING can be done! I have a Sleepy's charge card that I owe a ballance of $1000 or so on for this mattress and I do not feel that this is very fair! How is it that I did everything in my power to talk to someone to help me and all I was told was "sorry, nothing we can do". The SALES person SOLD this bed to me under faulse advertisement! Also, they delivered the incorrect bed to us 3 times! FINALLY we recived the correct one and NOW stuck with a bill for something that I cannot even enjoy. Before I go to legal actions against Sleepy's for selling me a bed that YES is very comfortable but I am allergic to, I want to know what you can do since you are their corporate office. IF you are not, please advise me of where the corporate office is and I will file with the Attorney General in that area. This is crazy, I refuse to pay for a bed that I cannot sleep on but have no other choice because it is the only one we have since we discarded ours. If I cannot have the entire bill dismissed, then someone needs to work with me to split the cost as I went in the store to purchase a $500 bed and left with a $1200 bed thinking it was better per the SALES associate. I cannot receive phone calls during work hours. Please email me back as I would like to have everything documented. I am at work today with a swollen face AGAIN!Desired Settlement: I would like to have the bill adjusted to the amount that I was originally going to pay for a bed until I was told that the mattress that I did purchase was better because it was HYPOALLERGENIC and that was a lie! I wake up with a swollen face if my face touchs the mattress.I want my bill ajusted to owing $500 as that was the bed I would have purchased.This bed is in my home now and I am NOT the only user, I cannot return it but do feel ripped off!

Business

Response:

Case#: [redacted]

OnOctober [redacted], 2013, [redacted] received delivery of an Enso Kool

10 inch foam mattress and box spring. The customer alleges that she has contacted

us for assistance with an allergic reaction however our records indicate there has

been no contact since delivery. [redacted] also alleges that she was

directed by us to call Tempur-Pedic, however the product purchased from us is

not a Tempur-Pedic item. The bed that the customer purchased from us is indeed

a hypoallergenic sleep system. Notwithstanding that fact, we will gladly work

with the customer to reach a satisfactory resolution. We attempted to contact [redacted] on April [redacted], 2014 and left a voicemail message with contact

information to follow up. Once we hear back from [redacted] we will offer

to exchange her bed under our Satisfaction Assurance Program.

We willupdate your Agency when we have resolved the customer’s issues. If you should

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 have determined that my complaint has NOT been resolved because:

I have received a call and when I called back, I only get her voice mail. I have left about 10 messages and my fiance' has left them too. To say that I allegedly spoke to them is saying that I am a liar. I know who I spoke to and they told me to call the maker of the mattress. I am not a liar and I have had an [redacted] to a mattress that I was TOLD was hyper allergenic! I have not heard back from this woman and I have left messages over messages. Last one I left her was today 4/**/14 and STILL no response. I sleep on this bed with a towel between the sheet and the bed, the sales associate lied to me and told me it was hyper allergenic and it is NOT. I was going to buy the $500 bed and left there with a $1200 bed and STILL making payments! I am not the only user of this bed and having [redacted] I was also sold on the fact that the "cooling coils" were going to help and keep us cool. That was a lie too! Was this mattress used?? I cannot understand why Sleepys would sell something to someone after I explained to the sales associate how it is important for me to be comfortable with the bed I am purchasing. This is the second bed I purchased with sleepys both in the same amount of money and this one I am drawing the line. I was lied to and now being accused of being a liar. This woman called me ONE time and has NOT returned ANY of my calls. I am NOT happy, I wake up an extra hour early to make sure that my face is not swollen. The extra pillows they sold me for an extra cost I gave to my DOG because I swell up with them too! I have seen on the news that this company sells used mattress's, I didn't believe it! If the Revdex.com cannot help me, I will go to the attorney general and then call the news, go to any media I can find to show everyone what Sleepys is REALLY about! Calling your customers a liar is not right, selling your customers a bed that is supposed to be hyper allergic is crazy! Who is paying the medical bills??? AND still paying on a mattress??? ME! THE person that was ripped off!

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 disagree with this response. I do not want or expect a refund, I expect to pay for what I purchased! I was lied to and purchased a mattress that was not a Temperpedic, it is not hypoallergenic and it does NOT cost $1200 that I was convinced it was worth to pay. This is a $500 mattress and I expect to have $700 taken off of my Sleepy's bill. I will agree to pay the $500 that the bed was worth and because that is what I wanted when I walked in.

Sincerely,

Business

Response:

Case #: [redacted]

Sleepy’s is in receipt of the rebuttal regarding case #: [redacted]. This

represents our final offer to [redacted]. We are offering to replace [redacted]’s mattress once she completes her re-selection. In addition we are

waiving all applicable fees associated with the exchange.

If [redacted] chooses merchandise greater than her credit amount of $800.65;

she will be responsible for the difference in price. However, we will assist by

offering accommodation pricing, which will help to defray some of the additional

cost.

We are unable to honor the customer’s request for a refund as previously stated.

If you have any further questions please contact [redacted] at ###-###-#### or [redacted]

Review: On 04/**/13 I purchased 9" Queen size Gel Form mattress and the queens size bedbarrier (mattress protector) at Sleep's on [redacted]. I was informed that this mattress would help me and my husband with our back pain. The mattress never did what was promised to us. We tried switching side and still the pain was getting worse and worse. At that this point I called the store and was told I needed to have an inspection performed. I scheduled an inspection and when the tech. arrived and performed the necessary test, he informed me that the mattress and the box spring were both damaged and there would be no problem having them replaced under warranty. About 2 weeks later I received the inspection report and it stated that there is a 1"body impression mid left of mattress and under that it asked, "if the mattress is sagging on both sides?" The inspector filled in Yes. In addition, on the bottom of the report it states 3/4" sag on box spring, noise coming from box spring when pressure is applied (box spring and mattress set on level floor). I then called the store and spoke to the [redacted], and the [redacted] did a conference call with the manufactures only to be informed that they will ONLY replace the box spring. They also stated that the mattress would not be replaced because it was only 1" sagged and per manufacturers spec. it has to be 1 1/2" sagged in order to be replaced. However, this makes no sense to me, since I purchased a GEL FORM mattress and was told the mattress returns to original form when no weight is applied. When I expressed this to the [redacted] , he told me told me his hands were tied due to the manufactures spec. and if I wanted to I can call my self. The [redacted] was rude and unprofessional. I reached out to the manufacture for their help and yet again I was told to call the store and that if the mattress was not damaged sufficiently enough to be replaced under warranty. At this time I called the corp. Sleepy's in [redacted] and was yet again given the same text book responses as the store and manufactures. I then asked one final time to have my mattress replaced even for a different version mattress and would pay any of the up-cost, and still to no avail. Once I stated the unfairness of this situation and informed that I will be contacting the Revdex.com and the Attorney General Office, I was miraculously eligible for a 60% discount on a new mattress. I was told to return to the store and pick a mattress of my choice and to recontact the main office. Now this means, if I was to pick a mattress for a $2,000.00 cost (since all mattress are highly priced in the store) I would still pay $800.00 out of pocket (even though I have already spent $1,306.46 including tax, delivery, and bed protector) and would still have to pay for tax and delivery again. As for my existing mattress, I was told "TO JUST DISCARD OF IT". Now I don't know how other people earn their money, but it seems a bit ridiculous for them to tell me to trash the mattress after being told it is not damaged enough to be replaced. In addition to having to spend yet again over $2,000.00 for a new mattress and box spring. It seem that all parties involved have the same text book answers, like it was taught to them in a job training program. Due to these issues, I have researched the reviews on this company and it seems, an obscene amount of consumers have similar if not exact issues with the same responses (ex. not sagged enough, missing cross support,etc.). It is impossible for every consumer to be negligent while the retailer and manufacture have cause to deny most claims. It seems almost scam like, they promise you the world and never deliver. I will also be contacting the Attorney General and [redacted], "Shame on You" to have them also investigate the repetitiveness of what seems to be a wide spread injustice to consumers on the part of Sleepy's. It seems absurd that I would have to continue to pay money for a new mattress and still deal with distrustful people who use ever loop hole to not honor a warranty. Furthermore, it seems unfair that I was not being compensated in any way and was still willing to work out some kind of arrangement till finally learned I was not alone in this situation. At this point I just want to be refunded the money I spend (not including doctor's bills, both to the neurologist and chiropractor) and am willing to return both the mattress and box spring. Seeing as the Store will not help, I am hoping you can.Desired Settlement: My initial desired outcome was to have the mattress replaced., but after learning this company's business practices and realizing any future dealings with this company would have the same results, I would prefer a refund so I may go else where to purchase a mattress and end this night mare.

Business

Response:

Case:# [redacted]

OnApril **, 2013 [redacted] received delivery of a Classic Memory Foam queen

set. On March *, 2014 [redacted] contacted our Warranty Support Department advising that her mattress

was sagging. As this was what would potentially be a warranty claim, we scheduled

an inspection of her merchandise with an independent third party inspection

company.

The inspection results revealed that [redacted]’s mattress was up to standard.

However her box spring was deemed to be defective. On April **, 2014 we sent [redacted] a credit letter advising that her box spring was eligible for an

exchange per the guidelines of the manufacturer’s warranty. [redacted] contacted

us to dispute the results of the inspection as she feels that her mattress is

also defective.

We educated the [redacted] about the warranty process and offered her

accommodation pricing to on a new mattress purchase. [redacted] is now seeking a refund of her original

purchase. Sleepy’s has a ‘No Refund Policy’ which is clearly outlined in our

‘Terms and Conditions’ and are displayed on all customer invoices.

[redacted] received her replacement box spring on May **, 2014. Subsequently, we

reached out to [redacted] on June **, 2014 and she has agreed to visit one of

our showrooms to look at a new set. Once [redacted] is ready we will negotiate a reduced price for

her new set. If we cannot reach a mutual agreement in the discounted price, [redacted] agreed to wait and have her bed re-inspected upon six months from the

date of this response.

We will update your Agency when we have resolved the customer’s complaint. If you

should require additional information please contact [redacted] at [redacted] 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:

what Sleepy's representatives have offered is not satisfactory. I had first spoken to [redacted] on June 18,2014 and she informed me that I should go to the store and pick out a mattress that suits me. I went ahead and did as she said at which time, I felt I should upgrade to a king size from a queen, with the knowledge that it would be an additional charge on my behalf aside from any other cost and spoke to her again on June 19,2014 informing her of the mattress that was better than the other mattresses. [redacted] offered me only 50% off of the new mattress. My first choice was Beautyrest Legends Firm at which was $3,300 discounts from the company $1,674. my second choice was was a Sealy Posturepedic Port Cartier Luxury which at the time was on sale for $1799 her offer was $895, I was still required to pay taxes and delivery, and would not receive any compensation on the mattress I had already spent $1500 on. Prior to placing my first complaint, I was offered 60% and now i'm being instructed to place my current mattress in the trash and purchase a new one. I was also informed by her that I would not receive any compensation from my current mattress because the company will take a loss due to manufacture not reimbursing them. So in short, I am supposed to lose $1500 and spend another $2500 for a new mattress.In total, I would be spending $3000 for mattresses that are not worth more than $500. Basically, I am noticing with other complaints in the Revdex.com are almost identical to ours, it looks on the surface that they are sincerely trying to resolve the situation. However, it is all smoke and mirrors they said that they will offer you a discount but in reality they are not, with better scrutiny anyone can see that any discount they have offered is also weekly in the daily newspapers. All in all, the company comes before the customer. Now I know I was born on the planet Earth and maybe they weren't but on this planet you don't buy something and upon damage you throw it away because the company says to do so and you just comply even though it is under warranty;drop another $1000-$2000 with the same company just to do it all over again with a future product. This company's warranty contract should be better checked over by an authority figure who can truly benefit the consumers. The company's warranty contract is fixed in favor for the company not the consumer. You could purchase every additional product instructed by the sales person to preserve the product and prevent damages, and still receive the run around. This has been the most stressful, unpleasant, frustrating and dissatisfying experience I had ever had with a company. The only thing I would like at this point is a credit for which includes: mattress, box-spring, and taxes.

P.S. I would recommend people looking to make a purchase with this company to go in a different direction (remember their replies to this complaint is all smoke and mirrors, in other words it looks like they are friendly and helpful but in reality they are not.)

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

Business

Response:

Case #: [redacted]

We are in receipt of [redacted]’s rebuttal from your Agency. In our last response to

your Agency, we did advise that we would negotiate accommodation pricing with

the customer on a new sale. However [redacted] refused our offer and instead agreed

to wait 6 months to have her bed re-inspected. Either offer still stands. [redacted] may contact us again on or around December **, 2014 to have her

mattress re-inspected. If her mattress is found to be defective at that time,

she will receive full credit for it.

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: I purchased a mattress and box spring set from the store on 12/** on staten island ny, brought it home from the store that day , and kept it in the plastic. now I am trying to return it, as it is unopen, and am being told they have no return policy. at no time was I told this, and it is not printed on the receipt.Desired Settlement: I am looking to get the price that I paid for the mattress set refunded, I went to the store, on 12/** and was told they don't do refunds, but was never told this prior to purchase.

Business

Response:

Case #: [redacted]On December **, 2014, [redacted] and [redacted] made a purchase of a full size King Koil Ortho Posture mattress set along with a full size mattress protector. Upon receipt of the complaint filed with your office, our Customer Relations Department reached out to [redacted]. He explained that he has not used the bedding and the pieces were unopened and still in the original packaging. In an effort to resolve the complaint filed by [redacted], Sleepy's agreed to have [redacted] return the King Koil full size to the showroom he purchased from, for a full refund. Once the return has been finalized, [redacted] will receive a refund in the amount of $337.49 back to the [redacted] credit card on file.Since we have satisfactorily resolved [redacted]’s complaint, we believe that no further action is required at this time. If you have any further questions please contact [redacted] at [redacted] or at ###-###-####.

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,

[redacted] Thank you very much for assisting.

Review: Purchased [redacted] Queen Size Foundation and Mattress set on 3/*/2015. Mattress begins to sag in middle in about 2 weeks. Was promised by salesman ([redacted]) if I was dissatisfied for ANY reason to return to store, which I did. Even if I was dissatisfied with the comfort. He also told me that [redacted] gives purchasers of this particular mattress a 12 week turn around and they would swap it for a good mattress. Talked to store manager ([redacted])on April **,2013 he explained that the sagging spot had to be between 1 inch and 1 1/2 inches before [redacted] would do anything about it. Sagging spot getting worse and no help from the store. [redacted] said I could upgrade for another $900.00, making a total of almost $2,000.00. I cannot afford this extra expense on a fixed income. Please help me correct this problem, before time limit expires. Thank you kindly. [redacted]Desired Settlement: Swap this model mattress for next upgrade. It gives more support also.

Business

Response:

Document# [redacted]On March *, 2015, [redacted] received delivery from Sleepy’s of a queen size [redacted] iSeries mattress, box spring and mattress protector. Upon receipt of this complaint, [redacted] stated that the mattress was sagging. She contacted her salesperson but felt he gave her a difficult time processing a return of the set in accordance to the [redacted] 120 Night Trial as promised at the point of sale. On April [redacted], a Customer Relations Representative spoke to [redacted] and presented the option to return or exchange her queen size [redacted] iSeries set. The Representative explained the [redacted] 120 Day In-Home Trial in depth as noted on her terms and conditions which were provided at the point of sale. Furthermore, [redacted] was advised that a shipping and handling fee of $175 will apply if she opted to return the set. [redacted] was also advised that if she opted to exchange the set, she would not incur any fees. [redacted] asked for some time to make a decision about these options and advised the Representative that she would call her back.On April **, 2015, [redacted] contacted the Customer Relations Representative and advise that she has decided to return the mattress and box spring under the terms of the [redacted] In-Home Trial and is aware that a $175 fee will be subtracted from her refund. The return was completed April **, 2015 and a refund was issued back to the original form of payment. As we take these complaints very seriously, we believe no further action is required at this time. If I can be of any further assistance, or if you should 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: I was NOT notified of the return fee ($175.00) until I talked to [redacted] about returning the set. They also charged me approx. $9.00 TAX on this fee. In this Commonwealth you do not tax fees. I have already been taxed once on this fee and asking for a refund on $175.00 AND $9.00 tax

. Thanking you for your kindness, attention and consideration, I remain Sincerely, [redacted]

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 a rebuttal filed by [redacted].As stated in our last response, [redacted] was made aware of the one-time shipping and handling fee of $175 to initiate the [redacted] iSeries Vendor Trial. On April **, 2015, a Customer Relations Representative spoke to [redacted] and presented the option to return or exchange her queen size [redacted] iSeries set. The Representative clearly explained the details of the [redacted] 120 Night In-Home Trial and referenced the information directly from her Terms and Conditions. Furthermore, at the time of purchase, [redacted] received an invoice which states in clear and concise language the terms of the [redacted] 120 Night In-Home Trial: “All vendor In-Home trials require that you sleep on your mattress for a minimum of 30 nights to get its unique comfort and support qualities. If you are not happy thereafter, we will allow you to return the mattress for a refund or an exchange provided you are within the applicable period. A one-time shipping and handling fee of $175.00 will be billed for all returns. The In-Home trial offer is available only on mattress purchases and excludes adjustable foundations and frames. The customer is responsible for paying the regular everyday price for all pillows, frames and accessories originally offered for free if returning a mattress under any of the In-Home Trials.”We do take these complaints very seriously, however, we are unable to honor [redacted]’ request of a refund for the $175 shipping and handling fee as it is part of the contract agreement that she made at the time of her purchase.If we may be of any further assistance, please contact [redacted] at ###-###-#### or [redacted].

Review: I purchased a queen set mattress on July [redacted] 2014. My wife and son was waking up with bite marks on their arms and legs starting August* 2014. We didn't pay mind to it much thinking it was mosquito bites but they keep waking up every middle of the night until one night my wife found a bed bug on the bed sheets. We was in shock because she has been living in this apartment for 31 years and never seen a bed bug. I try to solve the problem buying pest spray to elimate the bed bugs but nothing is working. We starting searching the room to see if we can find others but nothing when I searched under the mattress on November ** they were three on the bed liners on the mattress. We were in shock and mad. My wife call Sleepys headquarters and spoken to a representive and said a bed bug specialist is going to call you on [redacted] but no one has call to solve this problem. I would like a replacement of mattress set or my money back.Desired Settlement: Refund- Cash Or a new set of mattress. Please solve this problem my son and wife can't sleep plus they have bite marks including me. Thank you

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: I purchased a California King mattress on 2/*/14 and it was delivered on 3/*/14.On 9/**/14 I called Sleepys and spoke with a [redacted] and asked for an inspector to come out and look at the mattress. On 10/**/14 he came out and inspected the mattress and told me and my wife that a 1-1/2" depression exisited on the side that I sleep on and the other side had a depression of about 1/2". He stated that he would file his report and that I would have an answer in about 7-10 days. Today 10-**-14, I called checking on the status of the claim and spoke with [redacted] who told me my claim was denied. I asked to speak with a [redacted], but was never given that opportunity. [redacted] said the [redacted] reviewed my complaint and said that the only thing they would do is send me a customer measuring kit and I could remeasure the depressions. Asked for a copy of the original inspection report.Tried contacting the inspector, but the number went to his fax machine.I DON'T BELIEVE THAT IN 7 MONTHS THERE SHOULD BE A 1-1/2" DEPRESSION IN THE MATTRESS. THE MATTRESS I REPLACED WAS 20 YEARS OLD AND DIDN'T HAVE THAT KIND OF A DREPRESSION IN IT.Desired Settlement: Replacement I WANT A REPLACEMENT. IT'S NOT EVEN A YEAR OLD.

Business

Response:

Case #: [redacted]

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

On September **, 2014, [redacted] contacted our Customer Service Department claiming that the mattress delivered to March 2014 was sagging. Since this was what would be a potential warranty issue, we coordinated for an inspection of the merchandise. The third-party independent inspection company delivered measurements that revealed that the mattress met the manufacturer’s standards and therefore was ineligible for warranty replacement. Pursuant to the terms of the warranty, Sleepy’s denied the [redacted]’ request for a warranty exchange.

Even though the inspection determined that the mattress was non-defective, in an effort to assist the consumer. Sleepy’s is nonetheless offering the consumer an employee discount towards a new bedding selection. This deep discount will allow the consumer to purchase the mattress of her choice at a deeply discounted price, applicable delivery fees will apply. [redacted] may contact me directly at the number listed below to take advantage of this accommodation.

Since we have reviewed the consumer’s complaint, we believe that no further responses are required at this time. If you have any further questions please 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:

Being a senior citizen and on a fixed income I do not believe that Sleepy's and Serta Matress delivered me a proper mattress. I can't afford to spend more money after only 7 months of use with this mattress. A new mattress should last loner than 7 months and not develope a depression of 1 1/4 inches and then tell me this is a quality matress. After 7 months use the depression is 1/4 inch less than Serta claims is necessary for it to be replaced. The mattress I got rid of after 20 years didn't have a depression that large. I think Sleepy's needs to contact Serta and request and exception and replace this mattress. REMEMBER THIS MATTRESS IS ONLY 7 MONTHS OLD, NOT 1 or 5 YEARS OLD. I belive most busineeses would replace goods that are less than a year old just as a good will business practice...............

[Your Answer Here]

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 rebuttal regarding [redacted].

While we are aware of the consumer’s dissatisfaction, unfortunately; the manufacturer has established warranty guidelines, which are affixed for all consumers. As stated in the previous response the merchandise was confirmed as being up to the manufacturer standards. The manufacturer warranty states in clear and concise language: “The Serta warranty does not cover items such as, but not limited to: “Body impressions less than a one inch and a half (1 ½) body impression”. Based on the warranty guidelines the exchange was unable to be processed.

The offered resolution of accommodating pricing is an immediate resolve regarding the consumer’s dissatisfaction with the bedding set. Since the consumer has declined the offer of accommodating pricing, the option of a second inspection in the new calendar year 2015 is still available to the consumer.

The above previous offers will remain unwavering. Since we have reviewed the consumer’s complaint and rebuttal, we believe that no further responses are required at this time. If you have any further questions please contact me [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 isn't what I had hoped for. I reserve the right to continue pursuing other avenues to resolve this complaint.Please have Sleepy's contact me to set a time for the re-inspection after the 1st of the year.

Sincerely,

Review: I purchased in cash, the captioned mattress from Sleepy's 9/*/14. The mattress was delivered on 9/**/14. I had surgery 9/*/14, and was hospitalized and in rehab from 9/*/14 to 10/**/14. After sleeping on the mattress for three (3) days, I realized that something was wrong with it. I contacted Sleepy's about the condition of the mattress and on 11/*/14, Sleepy's sent [redacted]., to inspect the mattress. On 11/*/14, I received a notice dated 11/*/14, advising that the, "... mattress is not up to the manufacturer's standards as stated in your warranty booklet. You are eligible for a mattress exchange..." The notice also asked me call ###-###-####, to arrange for delivery date of the replacement mattress. Please note that in the same envelope was a Sleepy.s credit memo, to be redeemed at Sleepy's. On the credit memo it was stated that no refund would be issued.

Further, I called the number referenced above on 11/*/14, the same evening I received the letter from Sleepy's. The Sleepy's representative advised that a new mattress would be delivered to me between 1pm and 4pm on 11/*/14. The mattress was delivered. When the bed was being made up a few minutes after the delivery men left, (please note that the delivery men had put back the Sleepy's mattress protector on the new mattress), I noticed that there was a strong smell of cigarettes. When I laid on the mattress to check it out, I noticed that the cigarette smell was even stronger. I do not smoke. When my brother, also a non-smoker, entered the door of my bedroom he also smelled cigarettes. Upon laying and sitting on the replacement mattress, I also noticed that the same problem existed as with the first mattress. I immediately called Sleepy's, and advised that the mattress was in the same condition as the first, and also advised them about the smell of cigarettes. I asked if the mattress was new, and was advised that it was. The representative, [redacted] advised a new mattress would be delivered to me the next day. Well, the next day, 11/*/14, a new mattress was delivered, and it was in the same condition, and also reeked with the smell of cigarettes.

On 11/*/14, I called Sleepy's again to advise them that they sent me another mattress which was no good, and I complained that it must be an old mattress, since it also reeked of cigarettes. I told [redacted], a [redacted], that I wanted my money back. She advised that it was not Sleepy's policy to refund, but that I could go to a Sleepy's showroom a pick out another mattress within * days, or I would have to pay fee of $150, for another mattress. I advised her that I recently had [redacted] surgery, and was unable to go to the showroom. She said that Sleepy's would make an accommodation, and allow me 30 days to go to the showroom to pick out another mattress. To date I have not been able to go to the showroom, as during my recuperation I am pretty much home bound, as I can't bend, lift, or twist, because of the [redacted] surgery which I recently had. Trying to pick out a mattress online is difficult.

Prior to having the [redacted] surgery, I had spent a long time in the Sleepy's showroom trying out several mattresses, and I picked captioned mattress. I can't go to try out other mattresses, and the [redacted] Sleeping Beauty Statesman Firm was the only mattress which seemed comfortable to me. Since the 3 mattresses that were sent to me by Sleepy's were all defective and seemingly previously used (i.e. not brand new mattresses), as evidenced by the Sleepy's inspection notice and credit memo for the 1st mattress, and by the 2nd and 3rd mattresses having the same defective condition as the 1st, as well as strong cigarette odor, I am asking for a full refund of the $1,[redacted].36 plus NY State tax, which I paid in full for the mattress.

At this point, I have no confidence that if Sleepy's sends me another mattress, that it will be brand new because the first 3 were defective and in a seeming used condition.

Please note, that I have tried contacting Sleepy's corporate office asking to speak to [redacted] or [redacted]. I was told that I will have to speak to someone else, and was transferred to a [redacted]. I spoke to [redacted] who reiterated the same advise as the other [redacted]. I called [redacted] 's [redacted] 1*/*/14, and left a message for him on his voicemail. On 1*/*/14, I spoke to [redacted] of [redacted], who advised that [redacted] asked her to reach out to me. She said it's not [redacted] responsibility to refund my money, as I purchased the mattress from Sleepy's. Also, she said she spoke to someone in Sleepy's corporate and asked them to help me. On 1*/*/14, I also spoke to [redacted] of Sleepy's and she said because I am in no condition to go to the showroom to try out mattresses, she would give me until March to go to showroom to pick out another mattress.

Today, 1*/9/14, I asked [redacted] to send me an e-mail confirming that I have until March, 2015 to go to showroom. She said she can't extend until March, 2015. Then I again explained that I am unable to go to showroom, and that I am now in so much pain. It's painful to get in and out of bed because of the condition of the mattress. She said she'll put in my file that I have until March, 2015 to go to showroom to pick out another mattress. I also spoke to [redacted] of Sleepy's today. Both [redacted] and [redacted] said they can't send me e-mail confirmation that I have until the end of March 2015 to pick out another mattress. Please note that because of the mattress condition, I am feeling more pain now to get in and out of bed than when I first came home from rehab.

Your help with this will be greatly appreciated.

Thanks and God bless, [redacted] ###-###-####Desired Settlement: I believe that Sleepy's should refund the money, because each of the 3 mattresses they delivered to me was defective.

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 our records indicate there has been an accommodation of extending the Comfort Exchange for [redacted] until March **, 2015. While we are sympathetic to the consumer’s relayed occurrences; our policy and procedures unfortunately remain the same. At the time of [redacted] initial purchase she received a copy of Sleepy’s Terms and Conditions indicating our No Refund Policy in clear and concise language, which is also conspicuously displayed in all Sleepy’s showrooms. Taking into consideration our established policy we are unable to honor [redacted] request of any form of monetary refund. However; her invoice has been documented in regards to the accommodation of the extended Comfort Exchange, we are currently awaiting [redacted] reselection within the above mentioned allotted time. Since we have previously resolved [redacted] complaint and the offer remains unwavering, we believe that no further responses are required at this time. The consumer may contact me at the number below to assist with the coordination of her Comfort Exchange. If you should require any additional information, please do not hesitate to contact [redacted] at ###-###-#### or email at [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 has not resolved my complaint in that I have already requested that 2 of the 3 defective mattresses be replaced and each replacement has also been defective (2 of the 3 mattresses also wreaked with cigarette smoke).Sleepy's policy of no refund could be honored if Sleepy's sold me a brand new, non-defective mattress, which is what I paid for and which is what they told me that they would provide to me for the purchase price. However, none of the mattresses provided by Sleepy's have been brand new and non-defective, even by Sleepy's inspector's own admission per the inspection letter for the initial mattress, which states that the "mattress is not up to the manufacturer's standards as stated in [the] warranty booklet" and that issues have been observed in the form of "Noise, 1 1/8" IMPRESSION MID CENTER OF MATTRESS. COILS CAN BE FELT AND HEARD POPPING SLIGHTLY WHEN PRESSURE IS APPLIED ON LEFT SIDE OF MATTRESS."At this point, I have no confidence that Sleepy's will EVER provide a brand new, non-defective mattress as evidenced by the three defective mattresses that they have already provided to me.Because Sleepy's has not kept their part of the sales contract, in that they have not provided a brand new, non-defective mattress, which is what I paid $1,353.24 for (amount includes New York sales tax), I am demanding a full refund of the money that I spent with Sleepy's for this purchase.

Sincerely,

Business

Response:

Case #: [redacted]Sleepy’s is in receipt of your rebuttal regarding [redacted].Upon review of [redacted] rebuttal our records indicate the consumer has had one inspection which was coordinated on October **, 2014. On November *, 2014, [redacted] inspection was completed, the third-party independent inspector captured empirical measurements of top left side three quarters of an inch (¾), left side center one inch (1”) and side center one and one eighth of an inch (1 1/8). In accordance to the manufacturer’s legal limited liability warranty the mattress was performing up to the manufacturer standards. The manufacturer requires a body conformity of an inch and a half or greater (1 ½) for the processing of warranty claims (see page 7 manufacturer warranty booklet). However; based on the observations of the inspector as mentioned of coils and a slight popping the consumer was granted an exchange of the mattress which was completed on November *, 2014, seven days after the initial inspection (see attached).On November *, 2014, the same day of the exchange the consumer phoned in with alleged claims of the newly delivered mattress to be sagging. In the pursuit of Customer Satisfaction an exchange was immediately processed as a courtesy for the consumer. The exchange was completed on November *, 2014, the next day (see attached). On December *, 2014, [redacted] contacted our Customer Care Department and spoke with a member of our Management Team. The consumer advised she was confined to the bedding and was undergoing extensive [redacted] however; she was interested in the Comfort Exchange and additional time was required. As a result and in an effort to accommodate the Comfort Exchange period customarily with a thirty day (30) time frame was extended for three (3) months, thus expiring March **, 2015. In regards to the consumer claims of the merchandise being refurbished and not newly constructed the manufacturer affixes all of their merchandise with law tags and serial numbers along with the date of construction, for concerns such as these. The consumer can refer to her law tag for concrete validation of the date of construction. Unfortunately; our position remains the same we are unable to offer any form of monetary relief. The extended Comfort Exchange until March [redacted] 2015, we remain available for the consumer to take advantage of. Since we have reviewed [redacted] rebuttal and our offers and position remains unwavering, we believe that no further responses are required at this time. The consumer may contact me at the number below to assist with the coordination of her Comfort Exchange. If you should require any additional information, please do not hesitate to contact [redacted] at [redacted] or email at [redacted].

Review: My wife and I purchased a Cool Air Foam/Gel mattress from Sleepy's on [redacted]., [redacted], **. The mattress was delivered and set up on A [redacted]. We were told to allow 4 hours for it to rise to the maximum 10' height. 24 hours later the mattress was only at about 9" high. [redacted] my wife called the store and told the salesperson we wanted to return it for a refund. He directed us to customer service which after giving us every excuse he could think of including it being on the delivery truck in the cold overnight, that they would only offer us an exchange and that it would cost us an additional $150. Needless to say I blew my top. We had a $1000 mattress that was like a rock and had to sleep on it now for three weeks, both of waking up in pain and discomfort.Desired Settlement: Bottom line is we want to return the mattress for a full refund. No exchanges.

Business

Response:

Case #: [redacted]On November *, 2014, [redacted] and [redacted] received from Sleepy’s a queen size Classic Sleep Options Gel/Memory Foam mattress alongwith some accessories. On November *, 2014, [redacted] contacted our CustomerService Department stating she would like to return the mattress for a refund.[redacted] was informed a refund would not be accommodated and could do anexchange only. [redacted] requested to speak to a Supervisor. Upon speakingwith the Supervisor, [redacted] expressed the mattress was very firm andhad not risen to the 11” it should be. [redacted] was advised Sleepy’scould offer an exchange to a different mattress; however [redacted] refusedthe offer only wanting a refund. [redacted] was informed the refund wouldnot be an option. Dissatisfied with this response, a complaint was filed withyour agency. On November *, 2014, upon making their purchase, [redacted] and [redacted] received an invoicecontaining a statement of Sleepy’s No Refund Policy in clear and conciselanguage. The No Refund Policy is also conspicuously posted in Sleepy’s showrooms. Upon receipt of the complaint, a Customer Relationsrepresentative attempted to reach [redacted] and [redacted] to no avail. Adetailed message was left for them on their voicemail of the offer Sleepy’s wouldmake. We are sorry to hear that [redacted] and [redacted] are unhappy with theirmattress purchase. In an effort to resolve the complaint, Sleepy’s will onlyoffer an exchange to any other mattress of their choice of equal or greatervalue. Sleepy’s will also offer to waive the fees normally associated. Since we have attempted to satisfactorily resolve [redacted]and [redacted]’s complaint, we believe that no further action is requiredat this time. 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:

[Your Answer Here]

In reference to documents we had gone home with at time of purchase. My wife had signed an electronic pad for any and all signatures before seeing any paperwork. My wife was told basic information as she was signing each signature. It was not until after all documents were printed after signing the electronic pad that the sales person explained in full, what she had signed. In reference to the phone calls to resolve the issue: I received 1 phone call on my cell phone. I did return the call from work and was directed to someone and put on hold and was disconnected. Since it is my place of work, I was unable to keep trying to resolve this by making phone calls during work hours. I did not receive any phone calls what so ever at my home for any resolution from Sleepy's in this matter. I do have an answering machine. There were no calls from Sleepy's at all.

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

Sincerely, [redacted]

Business

Response:

Case #: [redacted] Sleepy’s is in receipt of the second rebuttal regarding Case # [redacted]. As stated in our original response, a Customer Relations representative contacted [redacted] and [redacted] on December **, 2014 on their daytime phone number provided and left a detailed message regarding a resolution to their complaint. Sleepy’s will only offer an exchange to any other mattress of their choice of equal or greater value. If you should have any question, please feel free to contact [redacted] at ###-###-#### or [redacted].

Review: We purchased a pillow top mattress from Sleepy's in Dec 2005 that cost approximately $1400. We also purchased a mattress protector from Sleepys & was advised to NEVER take the mattress cover off, which we never did. All the original tags are still on the mattress. Within the past month we have experienced a problem with the mattress, it is very uncomfortable to sleep on and is cause severe back problems. When we called Sleepy's to complain, they advised we were under warranty and was sending someone out to take a look at the problem. A private contractor came to take a look at the problem last thursday & I had to take a half day off from work. The contractor he advised and determined the cause of the problem was clearly a defect in the mattress caused by a defective spring which caused a hole in the side of the mattress. He took several photos and said that Sleepy's would get back to us. Today, we rec'd a call from Sleepy's advising that they would not accomodate our request because our warranty was void due to a stain on the mattress. When we advised that is impossible because we purchase THEIR mattress cover and NEVER took it off - the cover is supposed to protect the mattress from all kinds of stains. When I spoke to [redacted] and [redacted] at Sleepy's they said there was nothing they could do about the defect due to the stain, it had to go thru Guardian, the mattress cover company and maybe they can do something for us. I called Guardian, who made me believe the stain was due to perspiration which would make the warranty void - I have no clue how a stain even got there because we NEVER took the protective mattress cover off the mattress since we purchased it nor do I know what the stain is from. Regardless of what stain is there is irrelevant, Clearly there is a defect in the mattress and Sleepy's will not honor the product the sell. The stain has no bearing on the quality of the mattress. the stain is not causing the problem, it's their excuse not to honor the problem.Desired Settlement: Sleepy's should replace the mattress. The mattress can not be fixed and the stain has no bearing on the defect. All we want is a new mattress which is not unreasonable.

Business

Response:

Case #: [redacted]

On November *, 2013 [redacted]

contacted Sleepy’s Customer Service Department claiming that the mattress

purchased in December 2005 was sagging and had a coil out. Since this was what would be a potential

warranty issue, we coordinated for an inspection of the merchandise. The

third-party independent inspection company delivered measurements that revealed

that the mattress was in fact defective but had a stain on the surface of the

mattress which would in turn void the manufacturer’s warranty. Pursuant to the terms of the warranty,

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

Upon receipt of the complaint

from your agency, Sleepy’s Customer Relations Department contacted [redacted] and

re-reviewed the inspection results. Upon

reviewing the photos, there was indeed a coil protruding outside of the

mattress which supersedes stained merchandise.

[redacted] was given full credit for her mattress only in the amount of

$833.55, plus tax.

Since we have satisfactorily

resolved [redacted]’s complaint, we believe no further action is necessary at

this time. Should you require any additional information, please contact [redacted] at ###-###-#### or [redacted].

Unfortunate series of bad results with mattress purchased at Sleepy’s. My first bed (Simmons Recharge Luxury Firm) was firmer than in the showroom and returned it under the “comfort guarantee”, which admittedly is nice. The bed was replaced with a higher model (Simmons Shakespeare Luxury Plush) that cost slightly more. This bed is defective, with sagging on one side after 2 months. I filed a warranty claim, which is pretty much a joke (mailed a DIY kit). Acceptable sag is 1 ½ inches, so manufacturer denied claim!!! Complained to Simmons directly and was offered no recourse. Just said sorry for experience and to call the authorized dealer. After further review online, Simmons has poor durability reviews and felt like we received a hard sale on the upgrade. Anyway, today, I’m stuck with a bed I can’t use and am out $1,500+. Will think twice about going to Sleepy’s and buying a Simmons branded mattress.

Review: I went to the Sleepy's store in [redacted] on 4/*/14. I had a scheduled delivery between 5p-9p on 4/*/14. I understand that the delivery time has a four-hour window, however, I was not notified about the delivery running late after 9p on 4/*/14. I received a call around 9:15p stating the delivery would be around 9:40p. At 9:40p there was still no delivery and there was no call.

I received a follow-up call at 10p stating that the delivery would be there soon. I did not have the delivery until 10:10p.

I tried to call the customer service line and file for a refund on the delivery. They said someone would call me back and let me know if it was approved. No one called back and I had to call again to find out that the refund was not approved. I then asked to be transfered to a [redacted] because the front line employee was not kind. The [redacted] told me that I could only receive a set of sheets or two pillows for my inconvenience.Desired Settlement: I would like to have the $100 delivery fee refunded back because of the late notification and the lack of follow-up and customer service.

Business

Response:

Case #[redacted]

On April *, 2014, [redacted] was scheduled for delivery of her merchandise between the

hours of 5 – 9 PM. All of our delivery

time slots are 4 hours, however on occasion drivers can run late if they

encounter any difficulties on the road. On

this occasion, the delivery team delivered her merchandise outside of the

scheduled time frame. It is our normal practice to contact our customer to

advise that their delivery is running late. Unfortunately and very much out of

ordinary, we did not contact the

customer to advice that the drivers would be late.

On April *, 2014, the customer called us advising that the drivers were late and

requested to be refunded her delivery charge. We were unable to refund the

customer her delivery fee, however, as an accommodation we offered a set of

sheets, which she accepted. Our records indicate that the sheets were delivered

on April **, 2014. We contacted the customer on April **, 2014, and sincerely

apologized for the inconvenience experienced and also verified that the

customer did receive the set of sheets.

As we have resolved [redacted]’s complaint, we believe that no further action is

required at this time. If you have any further questions please contact [redacted] at ###-###-#### or [redacted].