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Alamo Bedding Company / Misleading contracts and failure to honor contracts

1 United States Review updated:

Alamo Bedding will rip you off. They do not honor their contracts and if you try to get them to honor your contract, they will say you did not follow their guidelines. Their contracts are deceptive and contradict their policies. I have had some of my lawyer friends look at their contract, and all agree that it is confusing.

To my case, Alamo Bedding refused to buy back a mattress I purchased from them. I have complained to the BBB without resolve, once I refused to do further business with Alamo Bedding, the BBB closed the case without further contact to myself, and probably Alamo Bedding.

Buyer, beware of this company. Do not expect them to honor their agreements, and if you complain about them get ready for the owner or sales staff to use foul language with you.

Below is my complaint and BBB status.

Complaint filed by: Anubis Pharaoh

Complaint filed against: Alamo Bedding Company Inc
NAME: Alamo Bedding Company Inc
BBB MEMBER: YES
CONTACT: Mr. Curtis Cantwell
ADDRESS: PO Box 4067
Corpus Christi, TX [protected]
PHONE: [protected]
FAX: [protected]
Website: http://www.cantwellmattress.com

Complaint status:
Activity
Date Activity Description
08/03/2007 Case ADMINISTRATIVELY CLOSED
08/03/2007 Inform Business - Case Closed AJR
08/03/2007 Inform Consumer - Case ADMINISTRATIVELY CLOSED
08/03/2007 Bureau judged complaint AJR
08/02/2007 BBB Reviews Consumer Rebuttal to Business Response
(The consumer indicated he/she DID NOT accept the response from the business.)
Alamo Bedding has not done everything to be helpful. They were nice when money was flashed in front of them and for a brief moment of honoring their contract about 25%.

Fist to address me accepting a bed without handles; I brought up the issue to Roland my salesman when I picked up the mattress. He stated he would get it fixed and I could pick it up the next day. When he contacted the factory, he told me they could not put on handles because of the material the mattress cover was made of. Since they said they would not give cash back, and that was the mattress that my wife and I selected, I accepted it anyways as the only other option was to have a mattress that we did not select.

The pickup receipt I signed said the mattress was in good condition, it did not state "THAT THE MATTRESS WAS NOT BUILT TO PRODUCT ORDER". There is a difference between accepting a good product and accepting one that is not. The mattress was not damaged, it was improperly built, but in good condition.

Mr. Cantwell or Roland I do not know who I talk to as the same voice on the phone has given me two different names. The salesman that sold me the mattress was named Roland, and I spoke to him on the phone a few times. On July 30, 2007 at approximately 8:00 AM, someone called my phone from the Alamo Bedding Co, and started using foul language with me, and said I lied about their business and complained to the BBB. I told them not to use that kind of language and hung up on them. It sounded exactly like Roland. I called their office in Corpus Christi to get the number to their complaints dept. I was assisted by Mike, and he said that he would get the message to the corporate office. Later in the morning the same voice called, and said they were Mr. Cantwell, and he spoke to me earlier, and that I should check with BBB for his response.

To address the issues of timelines, I was well within my specified time lines. Everything went okay for the first comfort exchange. I dropped of the mattress on 5-12-07 and picked it up on [protected]. According to their contract which states that "" If after sleeping on the "changed " mattress for at least 30 days and less than 60 days, you are not satisfied with the comfort of the mattress. Return to our store and select a new mattress that you feel will better fit your comfort needs. This offer expires 60 days after the receipt of the original mattress, after it was "changed" in firmness. There will be a $59.00 non refundable service charge for this exchange option plus the charge of the difference in the cost of the sets"". Now according to these rules, the 60th day after receiving the mattress would be July 14, 2007. I contacted Alamo bedding around the end of June and never go a response. I contacted them again on July 2nd or 3rd and spoke to a salesperson, and gave them my information; they stated they could not do anything to exchange the mattress. I tried to email their main office, but did not get a response. I again called on July 9, and asked to speak with Roland, and was told he was out of the office. I then asked about the exchange, and was told they could not do it on a latex mattress. So I contacted them on July 16, 2007 and spoke with Roland. At least that is what I understood, as I asked for him, and someone said wait while we get him. So I spoke to someone who sounded like Roland, and they said they would call me back. They called me back and said they could not exchange the mattress as it was latex, and that they could only do a comfort change. I asked about the contract, and said they could only do a comfort exchange, and to let them know when I will bring it in. I was disturbed and talked to some friends, and so a week later I filed a complaint with the BBB.

As to their statement "Alamo Bedding doesn't offer a full refund and states that in the store with a large sign, "NO CASH REFUNDS" and it is also stated on the paper work that Mr. Pharaoh signed". As you can see he is implying that they give refunds, but yet has a sign posted that they have no cash refunds. This is just a small sample of the confusing contracts and practices Alamo Bedding follows. If this is the case, what is a buyback? A buyback is defined differently than a refund. A refund is defined as a return of (money) in restitution, repayment, or balancing of accounts; while a buyback is defined as the act or an instance of buying something back. I am not asking for a refund, I am asking for them to buyback the mattress for their $59.00 nonrefundable service charge as they have listed in their agreement. Since they are unclear in their contract as to what funds are used for a buyback or to what percent they use to buyback, and only require a $59.00 charge for a buyback; I was requesting a buyback at full price minus their nonrefundable fee. A refund would require them to give me all my money back. If they do not give money back at Alamo Bedding as a buyback option for a fee, then buybacks should not be listed in their contracts. They should only list comfort changes and/or an exchange for a $59.00 nonrefundable fee. This would eliminate the issues of buybacks and refunds, as a buyback implies they will give you money for your mattress for a fee. This is according to their contract.

As you can see this is the type of confusing practices this business runs. Anyone who reads their contracts could be easily confused and misled. This is not the only complaint against Alamo Bedding, as they have some more listed at the BBB. This is not indicative of an honest business, especially when some of the complaints have not been resolved. I will only settle for a buyback, not an exchange.

07/31/2007 Forward Business response to Consumer
07/31/2007 Receive Business Response
Contact Name and Title: Curtis Cantwell Jr.
Contact Phone: [protected]
Contact Email: Curtis@cantwellmattress.com
Alamo Bedding Company has done nothing but try to help Mr. Pharoah and his need to find the proper comfort level. We never said it was impossible to put handles on a latex mattress simply that we didn't put them on one sided mattresses that didn't need to be flipped. We did offer a buy back but it has strict time line parameters. Mr. Pharoah is not telling the truth about the exact dates that he contact Alamo Bedding. I personally took his second call and told him that the buy back had expired, but I offered to make an adjustment to his mattress again. Since I don't feel like getting into a he said he said battle, I will give Mr. Pharoah the option to get the La Flor that he ask to switch to under the guide lines of the buy back option with, he must bring the mattress to Alamo Bedding, and he can pick up the La Flor mattress that he requested. Alamo Bedding doesn't offer a full refund and states that in the store with a large sign, "NO CASH REFUNDS" and it is also stated on the paper work that Mr. Pharaoh signed. As for the contract not being fulfilled due to the handles, Mr. Pharaoh signed the delivery ticket which states "All Merchandise Rec'd in good condition, he shouldn't have accepted the mattress if the handles were such an issue. The issue of the handles was never brought to my attention only the comfort of the mattress not being to his satisfaction. If handles are such a concern I will make sure to put them on the La Flor mattress that he had requested. So, No Cash refund will be given only the Buy Back Option that was offered an agreed to.

07/31/2007 Received additional information from consumer
I complained about the service practices of Alamo Mattress recently, about a mattress complaint. Today, [protected] at 8:00AM, I received a call from the salesperson Roland. He immediately said, “Hey, Anubis, I do not have time for your ###, lying about my business practices, and you missed your exchange deadline". He then told me that I should not [censored] around with his business. I told him not to call me and make threats to me and use abusive language. He told me to bring him $59 dollars and he would give me a [censored] mattress. I hung up on him. I deserve and respect better service than that, as do all customers. I would never do business with that company again. I do not want any of their products. He accused me of not following my contract, which I followed according to their rules, which is very complicated. It is not a simple return or exchange. However, if they want to dispute contracts, they did not fulfill the contract by delivering a latex mattress with handles, as stated on the receipt in his own writing.
As stated in my earlier complaint. I require a refund, and the company should fire the Roland salesperson for being abusive.

07/23/2007 Notify Business of Dispute- Member
07/23/2007 Send Acknowledgement to Consumer
07/23/2007 Case Reviewed by BBB- Member
07/22/2007 Case Received by BBB

Case Description: On [protected], I purchased a mattress from Alamo Bedding Co. I purchased the mattress from them because they stated they had an exchange guarantee, and a buyback option. After, talking with my spouse, we decided to upgrade our mattress before it was built. We upgraded to a Latex Mattress 5/0 for a total cost of $1403.95. As stated on my invoice they were supposed to build it with mattress handles. When I picked up the mattress, they had not installed mattress handles. I specifically requested mattress handles, and they adamantly stated they would build it with mattress handles. When I questioned them about this they said they could not put them on latex mattress. However, after with a little research on the internet, I noticed that there are numerous latex mattresses with handles, also you can find them on many models of beds at just about any mattress store in town. So first they did not build my mattress according to contract, so I should be refunded for them not building my mattress as per our agreement.

According to their guarantee for exchanges and buy back, they will not honor their guarantee. I followed their instructions for exchanges, yet they will not honor the buy back option. They wrote on my receipt that I had a 15 year warranty on my mattress, without purchasing a box spring, because the mattress would be placed on a platform bed. According to their warranty paperwork that I was given all I had to do was use a mattress protector pad on the mattress as to not damage it or void the warranty, which I followed. So according to their standards I must keep the bed for 30 days minimum sleep, at which time I can get a comfort exchange free of charge. The bed was horrible, I could not sleep it was too soft; I had back problems for the first time after sleeping on it, for a few days. The back problems persisted for weeks. After 30 days, they agreed to exchange for a different comfort level. However, the mattress was still the same harsh sleep. I immediately contacted them about this, and they refused to exchange the mattress for another mattress, for a $59.00 service charge as stated in their guarantee. They said they would not take the mattress back or exchange it. All they would do is change the firmness level. I waited one week and contacted my salesman, he stated he would do some checking. When he returned my call, he said he could only change the firmness. According, to their guarantee, that if after sleeping on your second mattress for 30 days but less than 60 days you find that you are not satisfied with the comfort of this mattress then the customer can exercise the buy back option at a $59.00 service charge.

Since they will not offer an exchange for another type of mattress, the only option is buy back. This is a mattress that they make, it is a queen size, not an as AS IS, or one of a kind mattress. So I should be entitled to a buy back option.

Their warranty and guarantee policies are misleading and hard to understand, as they also put disclaimers on the bottom of the warranty paperwork. This makes it hard for a consumer to make a decision, as they are led to believe if their mattress is not up to standards they can exchange them or even get a refund.

Category: Guarantee or Warranty Issues
Case opened date: 07/23/2007
Case closed date: 08/03/2007

Desired Resolution: The settlement I am seeking is a full refund minus the $59.00 buy back option. So I am seeking a return of the mattress with a buy back refund of $1344.95.

Alamo Bedding will be very professional to get your money, but once you spend it there, they will not give you anymore good service. They have ample time to correct this problem, yet they will not. Even the BBB was no help. Also, if you check the BBB, they have other complaints against them. If they can not fulfill their contracts, be very cautious about doing business with them. My advice it to avoid them at all cost, as there are numerous places to buy mattress' in San Antonio and the internet that provide better service.

If they settle this matter with me I will post an update of the results, and if they do not, I will let you know within 2 weeks.

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Comments

  • An
      27th of Aug, 2007
    0 Votes

    Alamo bedding did not give me my money back, but they did replace the mattress with a new one. Another model.

  • St
      21st of May, 2008
    0 Votes

    Customer was satisfied and loves his new mattress. Click link to see. http://www.my3cents.com/showReview.cgi?id=29159

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