State:
New Jersey
Question:
I am wondering if I would be able to use a warranty of merchanability statute 12A:2-314 in the fact that Sleepy's promissed a bed much like the one in the showroom (with working memory function ... comfortable ... etc) and did not provide a working matress set. Under this statue it says that I am to recieve full refund.
Story:
My fiancee and I had purchased a queen temperpedic set (The Classic Bed) from Sleepy's Matress in June of 2006. The matress did not feel right almost instantly and
Oleg, the sales person from East Brunswick Sleepys, had told us to sleep on it for
a longer period of time, the mattress needed to be "broken in". So we slept on it
and after 90 days had passed the mattress was sagging and defective. However at
this point Sleepys would not do anything, Tempurpedic had to replace the
mattress. Then between a period of 3 to 10 months after the new matress was
recieved the box spring began to squeak and the bed sagged once more.
Upon asking for a refund I was denied. Correspondence with Sleepys has
resulted in a chuckiling statement of "We dont do refunds or returns" by
customer service representitive Roselina and then reaffirmed by manager Cheng
that Tempurpedic is the one to do refunds. Upon contact to Tempurpedic, they had
stated that Sleepy's is the one to do refunds.
This is the second bed that has gone bad on bad on us and now the box spring is
defective as well. The memory function of the bed is non-existent and there are
dips in the bed about the size of a quarter. The box spring makes all kinds of
interesting noises. Most importantly my back and neck area are in pain, and I
can not get a good nights sleep, which is not what the bed claims to do. I have pictures and records of everything.
BY the way I found something on the net saying that they were sued by the state for 0.75 million for selling people fraudulent merchandise.
New Jersey
Question:
I am wondering if I would be able to use a warranty of merchanability statute 12A:2-314 in the fact that Sleepy's promissed a bed much like the one in the showroom (with working memory function ... comfortable ... etc) and did not provide a working matress set. Under this statue it says that I am to recieve full refund.
Story:
My fiancee and I had purchased a queen temperpedic set (The Classic Bed) from Sleepy's Matress in June of 2006. The matress did not feel right almost instantly and
Oleg, the sales person from East Brunswick Sleepys, had told us to sleep on it for
a longer period of time, the mattress needed to be "broken in". So we slept on it
and after 90 days had passed the mattress was sagging and defective. However at
this point Sleepys would not do anything, Tempurpedic had to replace the
mattress. Then between a period of 3 to 10 months after the new matress was
recieved the box spring began to squeak and the bed sagged once more.
Upon asking for a refund I was denied. Correspondence with Sleepys has
resulted in a chuckiling statement of "We dont do refunds or returns" by
customer service representitive Roselina and then reaffirmed by manager Cheng
that Tempurpedic is the one to do refunds. Upon contact to Tempurpedic, they had
stated that Sleepy's is the one to do refunds.
This is the second bed that has gone bad on bad on us and now the box spring is
defective as well. The memory function of the bed is non-existent and there are
dips in the bed about the size of a quarter. The box spring makes all kinds of
interesting noises. Most importantly my back and neck area are in pain, and I
can not get a good nights sleep, which is not what the bed claims to do. I have pictures and records of everything.
BY the way I found something on the net saying that they were sued by the state for 0.75 million for selling people fraudulent merchandise.