++Update, new bed 4 me :)++Well I bought a new bed (I thought anyway) And just found out it was a year old return

[AAjax]

Hi all,

Looking on some advice I recently bought a bed from a large national retailer after having my old one go south on me.
Went into the store and was looking around, found they had a bunch of bedding on "clearance" stacked over in the corner, some really good deals to be had. I ended up picking up a bed that retailed at around $1300 for $679 wow, score (I thought) Only one catch, all sales are final, no returns/exchanges. Salesmand said that it was a floor model or got dirty when it was delivered and thats why it was clearance
Fine I figured the bed looked OK and after I tried it out all seemed well. Went off and rented a truck and paid my friends son to help me pick it up, got it home, set it up .... all seemed fine. Even slept in it last night, seems like a fine bed. But......
Just a couple minutes ago I was cleaning up the plastic it came in and a piece of paper fell out. It is a photo-copy of a request for pick up form, on it is the following

Customers info (listing name, address and phone number and charge card number of the beds prior owner)

The dates 6/28/02, 7/6/02, 4/15/03 (looks like service call dates)

The notation "per service report Mat defective per petty cust "unitelegible"

the sku numbers for the bed and boxspring I bought (and the price, gosh it really was a $1300 set)

Pick up date 4/19/03


Well after that Im pretty grossed out, I mean not only did these guys sell me what appears to be a one year old bed but I slept in it. Who knows wtf is on that bad boy (Ya I know you get the same deal at any motel/hotel but at least your ready for it)

Im kinda, no pretty pissed of at the moment. I spent a decent part of my day picking up this thing, paid for the truck to do it in and most of all want a new/like new bed darnit. If Im not mistaken its illegal to sell used bedding in Indiana without proper tagging and dis-infection

IC 16-41-32-20
Prohibited sales
Sec. 20. A person may not sell:
(1) an article of bedding covered by this chapter that is made, remade, or renovated in violation of this chapter; or
(2) a secondhand article of bedding or filling material covered by this chapter unless, since the article's last use, the article has been sterilized or disinfected by a process approved by the state department.
As added by P.L.2-1993, SEC.24.

IC 16-41-32-10
Secondhand
Sec. 10. As used in this chapter, "secondhand" means any article of bedding or material or part of bedding or material of which prior use of any kind has been made. An article of bedding must be considered secondhand if the article contains any secondhand material in whole or in part.



IC 16-41-32-3
Manufacture and renovation of bedding by owners; application of chapter
Sec. 3. This chapter does not apply to the making, remaking, or renovating of any article of bedding by or for the owner, for the owner's own use, and for the purpose of sale:
(1) if the same or new material is used; or
(2) if sterilized material is used and that fact is indicated on a label prescribed by the state department.
As added by P.L.2-1993, SEC.24.



So, with all that said what do you think a fair resolution to this situation would be? I need a bed, but not a defective one that had been used for a year.

Thanks for your input and please excuse the long post, but I do feel a bit better now


Jax

 

[conjur]

Scan that puppy with some UV light...


ewwww....thinking of the possibilities. :Q

 

[Doggiedog]

Yuck!

After seeing some ABC special on used beds and how like something like 90%+ of them have some sort of nasty germ or parasites, I feel for you. You should sue them.

 

[ElFenix]

if they told you it hadn't been sold before then they were committing fraud and you'd be able to sue their asses

 

[Wduaqnug]

Refinish places that has scratches with wood stuff its cheap, wash entire bed with Lysol and you getting brand new mattress so you sleeping on mattress not bed

 

[conjur]

Originally posted by: Wduaqnug
Refinish places that has scratches with wood stuff its cheap, wash entire bed with Lysol and you getting brand new mattress so you sleeping on mattress not bed

Uhh...sleeping on mattress not bed?


WTF are you talking about?


I think spunky spunked on his bed...no, not bed, mattress.

 

[AAjax]

Originally posted by: Wduaqnug
Refinish places that has scratches with wood stuff its cheap, wash entire bed with Lysol and you getting brand new mattress so you sleeping on mattress not bed

Huh?

 

[Goosemaster]

Originally posted by: AAjax

Originally posted by: Wduaqnug
Refinish places that has scratches with wood stuff its cheap, wash entire bed with Lysol and you getting brand new mattress so you sleeping on mattress not bed

Huh?

Seriously. WTF ARE YOU TRYING TO SAY BOY?!?!

 

[Nyical]

What and you thought those yellow stains were a color pattern of the
mattress

 

[WinkOsmosis]

Where is Wduaqnug from?

 

[Hayabusa Rider]

Originally posted by: WinkOsmosis
Where is Wduaqnug from?

Pittsburgh, I think

 

[conjur]

Originally posted by: WinkOsmosis
Where is Wduaqnug from?

Under a rock somewhere.

 

[Hayabusa Rider]

Originally posted by: Wduaqnug
Refinish places that has scratches with wood stuff its cheap, wash entire bed with Lysol and you getting brand new mattress so you sleeping on mattress not bed

Who are you, really?

 

[Kevin]

You can return it no questions asked since the seller didn't disclose propper information. If they tell you otherwise, you can bring them to small claims court and have a 99% chance of winning -> I watch a lot of The People's Court...

 

[Spudd]

Take the receipt back to the store, along with a print out of your state's statutes on sales and frauds. Explain to them what happened, and see what they offer you. If it is unsatisfactory, tell them that you're pretty disgusted, and are thinking about getting a lawyer involved in this...explain the meaning of fraud to them, and show them a copy of the return receipt for the bed that you found (don't take the actual one, they may steal it, seriously). They should be willing to give you a new replacement bed in exchange for the nastiness they delivered into your humble home. :beer:

 

[Yossarian]

Originally posted by: Wduaqnug
Refinish places that has scratches with wood stuff its cheap, wash entire bed with Lysol and you getting brand new mattress so you sleeping on mattress not bed

I ran it through babel fish and still can't understand wtf you're trying to say. English motherfvcker, DO YOU SPEAK IT?!?!?!

 

[CPA]

Originally posted by: Spudd
Take the receipt back to the store, along with a print out of your state's statutes on sales and frauds. Explain to them what happened, and see what they offer you. If it is unsatisfactory, tell them that you're pretty disgusted, and are thinking about getting a lawyer involved in this...explain the meaning of fraud to them, and show them a copy of the return receipt for the bed that you found (don't take the actual one, they may steal it, seriously). They should be willing to give you a new replacement bed in exchange for the nastiness they delivered into your humble home. :beer:

Exactly what I was going to say. Especially bring the statutes, that will show them you are not some pissed off dim-wit.

 

[XMan]

Originally posted by: Hayabusarider

Originally posted by: WinkOsmosis
Where is Wduaqnug from?

Pittsburgh, I think

I thought he might maybe be from East Texas, like Boomhauer.

 

[AAjax]

Originally posted by: Spudd
Take the receipt back to the store, along with a print out of your state's statutes on sales and frauds. Explain to them what happened, and see what they offer you. If it is unsatisfactory, tell them that you're pretty disgusted, and are thinking about getting a lawyer involved in this...explain the meaning of fraud to them, and show them a copy of the return receipt for the bed that you found (don't take the actual one, they may steal it, seriously). They should be willing to give you a new replacement bed in exchange for the nastiness they delivered into your humble home. :beer:

Ya I allready printed off a scanned copy of it, Ive heard of stuff like that happening before. Hopefully they will do the right thing, but Ill be prepared for the alternative. At this point I concur that a replacement of a new-product would be a fair resolution, I wouldnt mind them paying for the rental truck I used and picking up the old mattress and droping off the new one at no charge either.

Should be interesting

 

[Passions]

EWWWWWWWWWWWWWWWWWWWWWWW................GROSS!!!!! You slept on someone elses man chowder. YUCK!

 

[RossMAN]

Originally posted by: AAjax

Originally posted by: Spudd
Take the receipt back to the store, along with a print out of your state's statutes on sales and frauds. Explain to them what happened, and see what they offer you. If it is unsatisfactory, tell them that you're pretty disgusted, and are thinking about getting a lawyer involved in this...explain the meaning of fraud to them, and show them a copy of the return receipt for the bed that you found (don't take the actual one, they may steal it, seriously). They should be willing to give you a new replacement bed in exchange for the nastiness they delivered into your humble home. :beer:

Ya I allready printed off a scanned copy of it, Ive heard of stuff like that happening before. Hopefully they will do the right thing, but Ill be prepared for the alternative. At this point I concur that a replacement of a new-product would be a fair resolution, I wouldnt mind them paying for the rental truck I used and picking up the old mattress and droping off the new one at no charge either.

Should be interesting

I would go another route, the pissed off informed consumer route.

Find out who the district manager is, then call their office and ask who the REGIONAL manager is ... if they ask why tell them you want to send a compliment letter for a store manager.

Once you know who the regional manager is, send a typed letter detailing exactly what happened, what they did wrong and how you would like it fixed.

Also cc your state's attorney general's office and your local BBB agency, if you play your cards right you could receive a NEW premium bed as a replacement.

Oh yeah send PICTURES with your letter and send the letter via USPS certified with return receipt.

 

[conjur]

Originally posted by: RossMAN

I would go another route, the pissed off informed consumer route.

Find out who the district manager is, then call their office and ask who the REGIONAL manager is ... if they ask why tell them you want to send a compliment letter for a store manager.

Once you know who the regional manager is, send a typed letter detailing exactly what happened, what they did wrong and how you would like it fixed.

Also cc your state's attorney general's office and your local BBB agency, if you play your cards right you could receive a NEW premium bed as a replacement.

Oh yeah send PICTURES with your letter and send the letter via USPS certified with return receipt.

<Cartman>

Kick ass!

</Cartman>

 

[Coolone]

Originally posted by: Wduaqnug
Refinish places that has scratches with wood stuff its cheap, wash entire bed with Lysol and you getting brand new mattress so you sleeping on mattress not bed

.....some kinda new yank dialect?

 

[SyahM]

Originally posted by: RossMAN

Originally posted by: AAjax

Originally posted by: Spudd Take the receipt back to the store, along with a print out of your state's statutes on sales and frauds. Explain to them what happened, and see what they offer you. If it is unsatisfactory, tell them that you're pretty disgusted, and are thinking about getting a lawyer involved in this...explain the meaning of fraud to them, and show them a copy of the return receipt for the bed that you found (don't take the actual one, they may steal it, seriously). They should be willing to give you a new replacement bed in exchange for the nastiness they delivered into your humble home. :beer:

Ya I allready printed off a scanned copy of it, Ive heard of stuff like that happening before. Hopefully they will do the right thing, but Ill be prepared for the alternative. At this point I concur that a replacement of a new-product would be a fair resolution, I wouldnt mind them paying for the rental truck I used and picking up the old mattress and droping off the new one at no charge either. Should be interesting

I would go another route, the pissed off informed consumer route. Find out who the district manager is, then call their office and ask who the REGIONAL manager is ... if they ask why tell them you want to send a compliment letter for a store manager. Once you know who the regional manager is, send a typed letter detailing exactly what happened, what they did wrong and how you would like it fixed. Also cc your state's attorney general's office and your local BBB agency, if you play your cards right you could receive a NEW premium bed as a replacement. Oh yeah send PICTURES with your letter and send the letter via USPS certified with return receipt.

RossMan is the Man!!! Follow this route, your letter would be in the mail by monday and perhaps you should receive your new premium bed sometimes next week. Good luck and keep us informed!

 

[tk149]

Benefit of the Bargain: You bought something that was not what the seller represented it to be. The seller should give you what you bargained for - a new bed. There should be no extra shipping/delivery charges. He should also take away the old bed.

But, in general, the seller is not required to pay for your initial truck rental.

As with any state laws, YMMV.

BTW, the responses to Wduaqnug's post are hilarious!