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Foam Mattress Return Gone Horribly Wrong

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Browns7213

Junior Member
What is the name of your state (only U.S. law)? Georgia

Hi,

I recently returned a foam mattress to a shop in California. The company sent me an e-mail stating UPS would pick up mattress/4 Boxes on May 25, everything was taken care of on their end. The return fee would be a $199 deduction from my purchase price. UPS shows up 5:30 PM asks if I have shipping labels, I tell driver shop said they handled everything with UPS on their end. Driver goes to truck writes out 4 shipping labels, gives me my copies takes all boxes. Inform shop all boxes were picked up and headed back.

E-mail shop on June 6, 8 & 11 asking if they have received boxes and when I should expect refund, no response.

June 13 I call UPS to see if packages have been delivered. UPS says 3 boxes were delivered, but they have no record of 4th box in their system. UPS willing to allow me to start investigation of lost box, but states resolution and report will be sent to mattress shop since they initiated the pick-up. I send e-mail to shop informing them of packages delivered and claim #/Case # for missing box. Still no response from shop.

June 16- Get e-mail from shop thanking me for starting investigation will get my refund check out Monday

Send Multiple e-mails to shop asking about refund, multiple replies that "check is in the mail."

July 3rd- Finally receive check and cash it.

July 5th- E-mail from shop that they cancelled the check because UPS cannot find Box and I used wrong shipping process. Confused about "wrong" shipping process since they initiated the return and handled everything with UPS. In addition they had boxes in-hand for 3-weeks an now just bring this to light.

July 8th- Shop willing to only provide me with new check for $299 and not willing to budge. I am owed $1896.


The shop never stated what return process was required in any correspondence. Since they initiated the pick-up I assumed the driver knew the process for the return, I never told the driver how they should be returned. If shop wanted me to use their process one would think they would have told me so, or, sent preprinted labels. I have clear e-mail trail documenting conversations about return and nowhere is their a discussion about shipping method other than them telling me they have arranged everything with UPS.

In regards to the lost box, I have 4 shipping receipts filled out by the driver. The driver will confirm that he loaded the boxes and wrote out the 4 receipts.


So What if any resolution do I have with the shop to get my $1896 back?

Even if the last box was lost, the mattress was evenly distributed between the four boxes, so with three in hand I would at least be due $1422, no? Really not sure why lost box is that big a deal since shop claims they do not sell used mattresses.

Do I have any recourse against UPS who claims no liability since there is no record of the box in their system, but 3 of the 4 boxes were returned and I have a ticket for the lost one?

Thank you in advance for any guidance in this matter!
 



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