Merchant misrepresented their services and used "bait & switch" technique by delivering a defective, substandard product.
On May 5,2013 we went to the store to shop for a firm mattress for my wife who suffers from back problems. After trying several mattresses, we decided on Simmons BeautySleep full size and we were told that we must also buy the protector/cover in order for the warranty to be valid. On May 6th, we ordered that specific model and they delivered & set up the mattress later that evening. The first night, my wife did sleep well. By the 4th night, my wife noticed that she seemed to be sinking into the middle of the mattress but kept thinking no way that a new expensive mattress would be doing that. By the second week from delivery, the mattress was so sunk down in the middle that there was no question that there was something wrong with the mattress. First we called the store and were told that they don't deal with complaints and gave us the phone number of Joyce, a lady whose voice mail states that she doesn't work on Tues or Thurs. That was the first verbal breech of contract, because we were promised by the salesman that we would not have to deal with anyone but the store because they stand behind their products and have a BBB rating of A+. When she finally called back, all she said was that we need to put the mattress on the floor to check if it is the mattress or the boxspring that is defective and to call her back. While moving the mattress to the floor, the middle of the mattress bulged from both sides and was mushy & saggy like an old mattress from the trash. Although I'm not an expert, I realized that this mattress is MAJORLY defective and misrepresented. After several attempts to reach her on the phone, she calls back being rude & the gist of the conversation was that she couldn't do anything about it and we need to talk to someone totally different at another store named Bill. Several days later, after getting hold of Bill, he was very arrogant, demeaning & basically informed us that he doesn't have to do ANYTHING and it is just OUR problem. I did hang up on him for his rudeness but my wife tried to call him back again but he would not return her phonecall. In summary, this company is unethical, their verbal contract is misleading, they use the BBB rating to appear legitimate, their mattresses are substandard and I wonder if they don't refabricate old mattresses in their warehouse and sell them as new mattresses while hiding under federal laws for a perfect SCAM operation. After a little internet search, we discovered that we are not the ONLY ones with similar problems and I wonder how they are getting away with this?
Full refund of Purchase price. These people are dishonest and don't deserve our business.
Business' Initial Response
On May 6, 2013, ****** ****** purchased a ************************* mattress set. The ******'s were not told that they had to buy a mattress protector. They were told that some stains can void a mattress warranty and protecting your mattress against any stain is a good idea. Please note on the ****** sales invoice, they did not purchase a protector but were given a $89.95 mattress protector at No Charge.
The week of May 20th, the ******* contacted our store expressing they had an issue with their mattress set. They were told that the store employee that handles any warranty or problem issue is ***** and was given her direct phone number. Mattress sets are warranted by the manufacturer, however as a free service to our customers and to expedite the process, ***** helps the consumer with questions and/or warranty issues. When talking with the ******* on May 22nd, ***** explained this is unusual for a new mattress to have a problem such as they described. ***** asked Mrs. ****** to lay the mattress on the floor to determine if the problem was in fact the mattress or if it might be the foundation or the frame setup. This is the normal trouble shooting procedure. During the next conversation, Mrs. ****** stated it appeared to her it was the mattress with an issue. Since this was a recent purchase ***** said she would have **** call to set up a home visit. Thursday, May 23rd, **** called and left a message for the ******* to call to set up an inspection for Friday, May 24th. Monday, May 27th, Memorial Day, Mrs. ****** called **** and said she was having phone trouble and just got the message. **** explained that he would visit the ******* to see what issues they might be experiencing. He said he was available Friday morning for inspection and she said it would probably be fine but let her check with her husband. Mr. ****** got on the phone and told **** that he must come out that very day, Monday, or he would expose Mattress Gallery Direct as a fraud. **** explained that he was not available that day, Monday, however, he could schedule another day. Mr. ****** became rude and irate and stated that Mattress Gallery Direct did not know who we were dealing with and hung up the phone on ****. The manufacturer warranty does not state that we must go to a customer's home to inspect a mattress, this is a service we offer to our customers at my discretion. When a consumer presents Mattress Gallery Direct with a rude and threatening attitude such as Mr. ****** did, it is not in our employee's best interest to visit the home.
In summary our company is not involved in unethical business practices, we do not mislead our customers and our BBB rating is legitimate. As stated on the signed invoice, all sales are final. There will not be a refund issued. If Mr. or Mrs. ****** wish to further the warranty claim, they may contact the store for possible consideration.
Consumer's Final Response
Obviously, we are not happy or satisfied with Mattress Gallery Direct. We are so
blown away by their exaggeration of the facts, lying and dishonesty. If anybody
was "threatened" - then it was US! My wife (who is having major back problems)
and I. We are grandparents with 6 grandchildren - just how "intimidating" can
that be to anyone? I know at this point that it is our word against
theirs ...however, the liars will be exposed very quickly.
This is what I would like the Better Business Bureau to investigate: How can
Mattress Gallery Direct with their obnoxious, threatening **** and fact changing
**** ****** conduct a business when they do not know the guarantee that they
should be providing on behalf of ******** mattress?
In the paperwork that we received, that Mattress Gallery Direct delivered to us
with our mattress, we called the warranty phone number of ******* Mattress
(XXX-XXX-XXXX). We were told over the phone that ******* warranty will
replace ANY defective mattress but first it has to go thru the store from where it
was purchased. Since Mattress Gallery Direct "does not accept any returns at
the store" - and also would not come out to check on the mattress themselves ...it
seems we are left out in the cold and stuck with a defective product with no
recourse ...after multiple verbal promises at the store that they always "bend over
backwards to satisfy all customers" and attempt to prove this by showing
customers a copy of their A+ rating from the Better Business Bureau.
We believe this business misrepresents both their product and their warranty.
They show the customer one mattress at the store and then deliver a totally
different, much lower quality product and when customers complain, their
response is that "they do not guarantee comfort" and leave the consumer stuck
with defective inadequate products that are way overpriced. We are not happy
with Mattress Gallery Direct and it is obvious that they are using the Better
Business Bureau's rating to continue their deception and cheating.
We have googled reviews online for this business and found that there is a
routine rhythm of deception and misrepresentation reported by more than a few
consumers who are very dissatisfied with Mattress Gallery Direct, their products
and their business practices. Our advice to consumers is do not buy from or deal
with this disreputable business and the Better Business Bureau definitely should
not be partner to their deception!
We are not happy at all with this business or their product. We've been cheated
and lied to and they have done nothing to try to remedy this or even
acknowledge it much less show any type of concern. Mattress Gallery Direct
should not be rewarded and supported in continuing their deceptive practices.
Business' Final Response
On May 6, 2013, Connie ****** purchased a ************************* mattress set. Mrs. ****** was delivered the correct mattress set as stated on her signed invoice.
There has not been any dishonesty, lying or exaggeration of the facts, deception or cheating by Mattress Gallery Direct as stated by the *******. Mattress Gallery Direct is not involved in unethical business practices, we do not mislead our customers and our partnership with Better Business Bureau is legitimate.
If Mr. or Mrs. ****** feel the product is defective and wish to further their warranty claim, they may contact the store for possible consideration.