Sleepy's not honoring exchange policy - best course of action?

[Lifted]

Bought a firm Stearns and Foster mattress from Sleepy's about 3 weeks ago. I've always had a pillow top but I decided they felt similar enough so I bought the non pillow top for $100 less. After 3 weeks I've decided that I miss the pillow top and went to the store to exchange it. They have a 21 day exchange policy, and tomorrow is the last day.

They started going through the motions and then gave me a price of $717 for the exchange. Must be wrong I said, $100 + $250 exchange fee + $89 delivery + tax is not $717. Should be $477. Person states that I have to pay the difference between the new one and the price they gave me on the original. Ahem, that's not what the policy states:

The customer is responsible for paying the difference between the regular everyday price of the new merchandise and the regular everyday price of the original merchandise, plus applicable Comfort Exchange and delivery fees and taxes.

This policy is written on the back of the receipt, and on the back of the new invoice I asked him to print for me for the exchange. When asked why the difference, he started with the salesman logic that I didn't pay the regular price, I paid a sale price that was on their website. Well, your policy states very clearly that the price I paid is not under consideration, the "regular everyday price" is what your own policy states. He gets an attitude, I tell him I have no choice but to go to court, he says he doesn't care, not his money, etc.

So what to do here? Can I file a claim in small claims court due to not honoring an exchange policy? Letters to NYC and NYS consumer affairs? Is my best bet to pay the price they are asking and then go to small claims court to get the difference back? I'm worried that if I don't go through with the exchange within the 21 day period I'll be screwed, but then I think what if they asked me for $5,000 for an exchange - I obviously wouldn't pay that. Is this exchange policy considered a contract? I really have no idea what the best course of action is here, and I'd rather not fork over $300 to them hoping to get it back many months from now in small claims court. What if the judge says paying means I've accepted their fees. What if he says not paying means I've lost out on the 21 days to exchange? Ughhhh.

 

[isekii]

Did you pay with a credit card ?

 

[Lifted]

Did you pay with a credit card ?

Debit card.

 

[kranky]

Your next step is to talk with a manager, not a salesperson. And you were too quick to throw legal threats around. Once you do that, they aren't really too interested in working with you.

Go talk to a manager, if you don't get satisfaction ask who his/her superior is. If their policy is as clear as you say, you should not have too much trouble getting someone with authority to honor it.

edit: actually, I see on their website you are to call customer service if you want to exercise your exchange privilege. I would do that, they open at 9 AM. 1-866-753-3797.

 

[BoomerD]

I'm not quite following what happened.

You bought a mattress for less than the "regular selling price," want to exchange it, but expect to get the regular selling price for your refund? (to be applied to the price of a different mattress)

IMO, your exchange should be based on the price paid, not the "regular selling price."

 

[Hacp]

Never throw around the court card. Ask to see someone higher up. The people at the front are just regular sales people who don't know what the hell they are doing. They don't have any power or authority. You need to talk with someone who has the authority to hear you out and give you your refund.

 

[Lifted]

At the end of our conversation, when I asked to see the manager, he told me he is the manager.

Will call customer service tomorrow morning and see how that goes. The manager was probably hoping I'd forget about it and his store wouldn't get hit with the exchange. I can't imagine the customer service people, or their managers, won't honor their own policy written on the back of the invoice/receipt. If they don't help I'll be making a trip by small claims court to ask them if it's possible to sue due to not honoring a policy written on a receipt.

 

[deadlyapp]

Have fun in court. There is no way they are going to honor that, no business would give you more money than you paid, and you're a douche for trying to play word games because of the receipt.

 

[Lifted]

Have fun in court. There is no way they are going to honor that, no business would give you more money than you paid, and you're a douche for trying to play word games because of the receipt.

I'm a douche playing word games? I'm willing to paying a $250 exchange fee, plus the $100 difference "between the regular everyday price of the new merchandise and the regular everyday price of the original merchandise". The mattress I want is advertised for exactly $100 more, both online and in the store, than the one I have. How exactly am I getting more than I paid for the exchange? It should be costing me $477 to exchange for a mattress that is sold at $100 more than the one I bought.

 

[Schfifty Five]

Per the policy, it sounds like OP is correct. Is there any more fine print that says something about sale items?

Business wise, obviously it doesn't seem right if you only paid let's say $500 sale price (regular is $1,000), and then are able to exchange it for an $1,100 mattress and only have to pay an extra $100 (plus the other fees/taxes).

 

[1sikbITCH]

I'm a douche playing word games? I'm willing to paying a $250 exchange fee, plus the $100 difference "between the regular everyday price of the new merchandise and the regular everyday price of the original merchandise". The mattress I want is advertised for exactly $100 more, both online and in the store, than the one I have. How exactly am I getting more than I paid for the exchange? It should be costing me $477 to exchange for a mattress that is sold at $100 more than the one I bought.

The way you worded it originally, makes it sound like you got it on sale for cheap and now want to return it and get credit for the full price.

If that's indeed what you are trying to pull here, the wording sounds like you should get it but in reality it's just you taking advantage of their poor wording.

Can't say I wouldn't do it to but my morals ain't what they used to be :hmm:

 

[Lithium381]

I'm a douche playing word games? I'm willing to paying a $250 exchange fee, plus the $100 difference "between the regular everyday price of the new merchandise and the regular everyday price of the original merchandise". The mattress I want is advertised for exactly $100 more, both online and in the store, than the one I have. How exactly am I getting more than I paid for the exchange? It should be costing me $477 to exchange for a mattress that is sold at $100 more than the one I bought.

The logical side of me says that you shouldn't receive credit for more than you paid, but if that's the wording verbatim, then they should honor it. I've worked retail for more than my share of years and had to put up with my employeers whorishly loose exchange policy. It's the responsibility of the company to write a policy that is not up to interpretation.

I'm interested in a few more details... the price of the two mattresses, both on sale and regular price. I think the manager is confused about using the REGULAR PRICE as a base-line for BOTH the one you already purchased, and the one you're trying to get. And what is the wording of the entire policy?

 

[BoomerD]

I am sort of surprised that they're not giving the OP the sale price on the replacement mattress. That seems shady.

 

[Tiamat]

I'm very surprised they aren't meeting you on this. They have a huge markup on those mattresses and are most usually willing to do deals on the spot. If you are returning the mattress in good shape, there is no reason they shouldn't extend the same deal on the new mattress in addition to charging you to the exchange fees.

 

[saratoga172]

Really depends what the sale price of both were, but I know most retail places don't honor sale prices after the sale date. What you get during the sale is what you get.

I think you're SOL, but I'd recommend finding an ad with the price of the pillow top mattress and use that as a base.

 

[saratoga172]

I am sort of surprised that they're not giving the OP the sale price on the replacement mattress. That seems shady.

That's what I was thinking, but don't most places not honor sales past their sale date?

 

[BoomerD]

Really depends what the sale price of both were, but I know most retail places don't honor sale prices after the sale date. What you get during the sale is what you get.

I think you're SOL, but I'd recommend finding an ad with the price of the pillow top mattress and use that as a base.

Good point. If the sale is over, the OP is probably out of luck.

 

[Lifted]

The prices of the mattresses fluctuate constantly. Regardless, the policy states "regular everyday price" as they have probably been taken to court over this before. If the difference in cost between my mattress and the next model up is $100, and they state in the "Comfort Exchange" policy that if you aren't satisfied with the mattress you can exchange it for $250 + the difference in the regular prices, there really is no reason for them to be playing these games unless they don't mind losing customers. When the mattresses were "on sale" they were still a $100 difference.

The price I paid was $1,079 for the set, and the next model up was $1,179.

The current pricing is $1,299 and $1,399.

You can argue that I'm trying to get over on them all you want, but their policy is the reason I bought it from them, and I would have gone to Macy's if Sleepy's didn't have this policy. Now the manager is reneging on the very plainly worded policy, and I get caused grief because of it.

The BBB website has hundreds of complaints of Sleepy's not honoring their exchange policy, but almost all of the claims were settled via the BBB.

This was my third purchase through Sleepy's, and probably my last at this point. I understand random managers can be sleazy and do what they want in order to meet monthly goals or whatever, but telling me to my face that what the policy says doesn't matter, take it or leave it - that's a bit much.

 

[coxmaster]

Let me get this straight.. You paid $1,179. And the model you want to purchase now is $1,399.

So you should get 1,179 back; so its going to cost you $220 for the mattress upgrade +whatever fees they had+tax.

Whats the problem? Why the hell would they give you back $1,299 when you only paid $1,079?

 

[ussfletcher]

Perhaps you should invest in a pillowtop/mattress topper instead.

 

[Lifted]

Let me get this straight.. You paid $1,179. And the model you want to purchase now is $1,399.

So you should get 1,179 back; so its going to cost you $220 for the mattress upgrade +whatever fees they had+tax.

Whats the problem? Why the hell would they give you back $1,299 when you only paid $1,079?

I'm not asking for money back. I'm asking for an exchange.

I posted the relevant part of the policy twice already. If you have a problem with their policy, tell them about it. I'm fine with their policy, I just have a problem with them not honoring it.

 

[Lifted]

http://www.sleepys.com/webapp/wcs/s...ustomerService&langId=-1&catalogId=10701&BN55

Comfort Exchange Policy


What is Sleepy's 21 Day Comfort Exchange Policy?

Sleepy's offers a 21 day comfort exchange policy. If you are not completely satisfied with your mattress, you must contact customer service not later than the 21st day after the original delivery date. This means that if you call customer service on the 21st day after delivery, you must be available to reselect a mattress and schedule the exchange and delivery within the next 7 days.

Limit one comfort exchange per customer.

All comfort exchanges must be for mattresses or sets of equal or greater value. The customer is responsible for paying the difference between the regular everyday price of the new merchandise and the regular everyday price of the original merchandise plus all applicable exchange and delivery fees and taxes The customer shall not pay more for the new merchandise than any current non-expired Sleepy's advertised price for that item. Exchanges on Stearns and Foster, Sleep to Live models and Sealy True Form cannot be made below the manufacturer's minimum advertised price.

Exchange Fees*:

(per set) Twin $149, Full or Queen $249, King $399 *Additional delivery fees apply.
Note: Law tags must be attached and merchandise must be clean, free of tears, burns and stains of any kind or we will be unable to honor a request for an exchange. Comfort Exchange policy applies to mattresses and excludes motorized beds, cots, special orders and clearance merchandise.

 

[coxmaster]

I'm not asking for money back. I'm asking for an exchange.

I posted the relevant part of the policy twice already. If you have a problem with their policy, tell them about it. I'm fine with their policy, I just have a problem with them not honoring it.

Exchange=money back as far as im concerned. Thats how the system will treat it anyway.

Regardless, the definition in question is what do they consider the "regular everyday price"..
I do see where you're coming from, but i think its more an issue of a poorly worded policy rather than them simply not honoring it.

 

[Mike Gayner]

I don't know how it works in the USA, but here you can take anyone to a small claims court where lawyers are not allowed to be present. The fee is tiny, and the manager of the store would have to be present. In this case, I would simply apply for a court date and present the summons. The store manager will almost certainly back down. Surely the US has a similar small claims process?

 

[GodisanAtheist]

Let me get this straight.. You paid $1,179. And the model you want to purchase now is $1,399.

So you should get 1,179 back; so its going to cost you $220 for the mattress upgrade +whatever fees they had+tax.

Whats the problem? Why the hell would they give you back $1,299 when you only paid $1,079?

-I don't understand what is so hard to understand about what the OP is saying, understand?

(All following prices are fictitious, for the sake of argument)

Mattress A is on Sale for $500 dollars, regular price $1000, Op buys it.

OP doesn't like Mattress A, wants Mattress B, which costs $1200.

Sale on Mattress A has ended, Mattress A is back to $1000.

OP returns Mattress A, which as per stated store policy he should receive $1000 dollar credit for, and wants to buy $1200 Mattress B and pay the $200 dollar difference.

Salesman wants to credit OP $500, the price he paid but not the stupidly worded store policy, and have him pay the $700 dollar difference.

If the exchange policy had read "for the purchase price," the salesman would be clearly and unambiguously in the right. Since it says "for the regular everyday price" instead, OP is very clearly and unambiguously in the right.

If I were the salesman, I'd do a quick and painless exchange for the OP then burn all the pre-printed information and go over the wording of my return/exchange policies to make sure they say what I intend for them to say.