Complaint Category: None of the Above - Customer Service Complaint Issue
Complaint: I went to Benfatti with a friend of mine. She was looking for furniture. I was browsing around looking at mattresses and the saleslady, ******, came to me to sell one. She bragged about these mattresses and I asked her why are they so expensive. She said they are the best that you can buy. I asked her if I purchased one and didn't like it could I return it and she said yes. She started filling out some paper work and asked me if I would like to buy it on credit interest free for 6 months. I assumed that it was an in-store credit. I found out later it was a credit card company when I received the bill. I agreed to get the line of credit and gave her $675.00 check for a deposit. She did all of the paper work and told me to sign here. That is what I did. I did not notice that this was a credit card company. I have notified the card company & they are investigating this. ****** did not tell me that If I didn't keep the product, I would have to take an in-store credit. I thought about the mattress after I got home, and decided I just couldn't spend that much on one. I called them and talked to the owner, ***, and he refused to refund me any money. He also said I would have to pay $300 for shipping. I never received the mattress & was never told this in the store. I talked to the owner on 9/8/13 and again on 9/9/13. I also talked to the saleslady, ******, but they both refused to refund my money. They wanted me to take the mattress and try it out for 30 days. I told them no.
The only paper work I was given is an invoice #*****.
Initial Business Response
Customer came in on 8/27/13 and while shopping with a friend, expressed an interest in a Tempur-Pedic mattress set. After features and benefits were given by the sales person, the customer was undecided and left our store. Several hours later, the customer returned and decided to purchase the bed. At no time was the customer mislead or misinformed in any way. It was made very clear that the Tempur-Pedic Company will not accept a return unless there is a warranty issue or the customer has had the bed in their home for a minimum of 30 days. Please refer to the attachment that clearly shows the disclaimer regarding Tempu-Pedic products, and the customer's initials acknowledging this disclaimer. When we called the customer to schedule delivery, she stated that she no longer wanted the bed because she wanted to buy a bedroom set instead. I informed her that her options were to wait 30 days and pay the $300 that Tempur-Pedic charges us for a return, or we can charge her a 20% re-stocking fee ($539) and we will be forced to keep the bed that she special ordered for herself. The customer was not satisfied with either option and insisted that we keep the bed that was ordered specifically for her and absorb all costs incurred. For the past 56 years, it has been our policy to go above and beyond to satisfy each and every customer, however we cannot control policies held by the Tempur-Pedic Company. Since the customer refused delivery after the bed had already been received by Benfatti's, Tempur-Pedic will not accept a return of this bed, nor will they issue any credit for it. We would also suggest that Tempur-Pedic's return policies be confirmed by visiting the Tempur-Pedic web site. As was explained to the customer prior to the sale, we will be happy to resolve this issue through either of the options that are available to us.
Final Consumer Response
(The consumer indicated he/she DID NOT accept the response from the business.)
I am not confused about the timeline of events. It is as clear as a bell what happened to me. *** is not bending over backward for me; now he wants to charge me 20%. He never mentioned returning the money to me. I assume he is adamant that I have to take an instore credit for any remaining balance. When I went into the store with my friend, as I stated before, ****** was the one who waited on me. *** didn't do anything except state that the furniture would be delivered after 9/6/13. I did not fill out any credit card application. ****** did all of the paper work and put it in front of me to sign. My friend was also under the impression that this was an in-store credit line. Benfatti runs an ad in the Pueblo Chieftan offering financing interest free for so many months. There is no mention that this is a credit card company. When I asked ****** if I didn't want the mattress could I return it, she said yes. I was never told this was a special order of any kind. They had this mattress on the floor. How would I know that it had to be ordered, if I wasn't told this.
Again, I have spoke to Tempurpedic and they stated that they have no record of an order taking place. They also said that they would refund the retailer his money if it is returned. I would like to see the paper work showing that this mattress was ordered for me. The only piece of paper I received from Benfatti was an invoice. I sent you an attachment of it. How could I possibly know the guidelines when nothing was explained to me. If I had ordered this mattress direct from Tempurpedic, they would have let me return it with a complete refund except for the shipping.
Final Business Response
Over the past 56 years we have developed a reputation of bending over backwards for our customers. While we sometimes make mistakes, we do not lie to people. We are always an advocate for our customers and not our vendors; however we cannot change Tempur-Pedic's Corporate policies. I never told the customer that after 30 days the factory would pick up the bed. What I did say is that we would be allowed to return the bed after the customer tried it for 30 days. This is a Tempur-Pedic policy, not a retailer policy. I believe the customer is confused about the timeline of events because I did not speak to her until after we had scheduled the delivery. After many years of selling Tempur-Pedic beds, we have never had a customer order a bed, wait for us to call for delivery and only then decide she would not accept it. We are making an exception with this customer to return the bed to our personal stock and charge a minimal fee of 20% since we are now stuck with the bed. We did not sell the bed using a credit card account, the customer financed the bed through GE Capital. She was required to fill out an application and then sign a transaction slip at the time of purchase so the entire process was very transparent. We would again refer you to the disclaimer on the sales invoice that the customer initialed at the time of purchase. That disclaimer is put on all invoices containing Tempur-Pedic products so that each customer is made fully aware of the guidelines for a return. We are happy to deliver the bed free of charge and after the 30 day trial period we can return it for the $300 fee that Tempur-Pedic will charge Benfatti Furniture. If she will not accept delivery, we will be forced to keep the bed and the customer will be charged a 20% re-stocking fee. We believe this is over and above what any other Tempur-pedic dealer would do given the circumstances.
Complaint Resolution: BBB determined that despite the company's reasonable effort to address complaint issues, the consumer remained dissatisfied.