Sleepy's — Breach of Contract
My wife and I purchased a mattress from a local Sleepy's retailer two weeks ago. The salesman, a young man called Stephen, told us that the mattress would be ready for delivery on Thursday, September 9, 2010. However, we could not promise to be at home, since my wife works, and I am a full-time student. Fortunately, Stephen told us that they would call us on Thursday, September 9, to discuss delivery.
Since Sleepy's offers a price guarantee, we conducted intensive research and found a "comparable" mattress (i.e., we called Sleepy's to find out which would be a comparable mattress) on http://Amazon.com. My wife called the salesperson in the local store on Monday, September 6 to talk about the price guarantee. Stephen finally called back after he had gotten approval for the price adjustment and offered us the difference in price. My wife told him to throw in the mattress pad, which was offered to us at $89.99 if claimed before delivery (i.e., contract states the $89.99 offer). Because we had still money to receive after receiving the mattress pad, Stephen told her to "stop by to get a credit". Everything was fine.
While we were expecting a call from Sleepy's on September 9, nothing happened . On Friday, September 10, I removed our old mattress in order to get it removed by the trash company. Unfortunately, we did not receive a call on Friday either. On Saturday, September 11, my wife called Sleepy's and talked to the customer department. They told her that our order was "put on hold". My wife then called the local Sleepy's store to inquire about our mattress. The Sleepy's representative told her he could not tell why Stephen had put a hold on the order. Furthermore, he did not apologize for the mistake and tried to patronize my wife, when she asked for the price difference/guarantee. He could not promise that we would get a credit for the price difference. Also, he stated her that we were not eligible to buy the mattress pad for $89.99, since the regular price is much higher (i.e., $119.99). My wife explained that the $89.99 was printed on the contract. although he scheduled the
delivery for the next day, we planned to drive to the store before delivery.
On Sunday, September 12, we drove to the local Sleepy's store to talk about the price guarantee BEFORE delivery.
The sales representative told us that he could not do anything about the price difference. Thus, we had to call corporate. He told us to go to the back of the store to make the phone call in order to not damage his business. With a smile he said that if we would not comply, he would have to call the police. My wife, who has a hearth condition was already shaking and nervous about the customer service and the behavior of the salesperson. She made the phone call and a young man (Ariel) told her that there is no comparable mattress and therefore no price guarantee. Any information received was wrong and void. Also he mentioned that we could not get the mattress pad for $89.99, even though it is printed on our invoice/order. Ariel yelled at my wife and she started crying in the store. The salesperson approached and she told him that she is a heart transplant patient, while she was shaking. We left the store because I was concerned about my wife's health. Outside, she continued
the phone call with another representative and asked whether we would receive the mattress and the mattress pad, since she works hard for her money and could not believe how Ariel treated her.
Sleepy's delivered the mattress on Sunday, and we are still waiting for the mattress pad. Additionally, Sleepy's id not price match, nor did they beat the competitor's price by 20% (which we would be eligible for!!!).
I will be contacting the Better Business Bureau about Sleepy's.
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