Sleepy's Promises To Help Deliver Your Mattress As Long As You Do All The Work
Sleepy's just won't help Ashley pick up her new mattress. The store promised to have rope on hand to strap the mattress to her car, but when Ashley arrived she was told that Sleepy's had "run out of rope." To apologize, a sales rep instead promised her free delivery, but called later to explain that he wasn't authorized to offer any freebies. He did, though, promise that Sleepy's would have rope the next time Ashley came by. Of course, they didn't have rope when she returned, and when she complained to a manager, the manager explained that Sleepy's had no obligation to provide Ashley with rope or free delivery, and that she better find a way to take her mattress because they weren't going to refund her money either.
Hi Consumerist,
Long time reader, first time victim of customer abuse. I just bought a mattress from Sleepy's and needed to move it from the store to my new apartment. The sales representative said they would provide ropes and help tie the mattress to my car when I came back to pick it up (he made it very clear before I made the purchase that the ropes and help would be gauranteed). After setting a time for pick up with the store and finagling the automotive services of my ex-boyfriend, I arrived at the store to find out that they ran out of rope and would not help us out. I explained to the rep how difficult it was to arrange the pick up, and he offered to deliver the mattress, free of charge.
This would have been a great story if it ended there, but there's more. I get a call later that night from the same rep, who said he was not authorized to provide free shipping and that I would have to pay for delivery or come back again to pick up the mattress. I called up my ex and was able to set up another time for him to help me move the mattress. I called the store to set up the pick up time and make sure they had the right supplies. But when I called again, just before we left to go to the store, the rep informed me that, once again, they were out of rope (he actually initially said on the phone again that they had the rope, but I forced him to actually go to the back and physically check).
The next day, I spoke to the store manager, who said 1) they had no obligation to provide rope in the first place, 2) he would not provide any discounted delivery, and 3) I could not get a refund because I already signed for the mattress. I would normally be fine going out to buy these rope myself and convincing someone else to help me pick up the mattress, but I am just so frustrated by the poor level of customer service and the fact that these reps keep making false promises. It did not help that the manager on the phone was also extremely rude.
I'm wondering if you have any recommendations for recourse. I'm getting sick of sleeping on my couch!
Screw the contract, Sleepy's made promises and they should stick to them. You can try hopping over the store manager's head and calling the corporate office, but a direct approach might be more effective. Since you've already spent enough time at Sleepy's and this has clearly become about the principle of the matter, consider marching back down to the store and politely explaining to the manager that unless she honors the store's promises, you intend to spend the day explaining to potential customers that Sleepy's refuses to keep their promises. Maybe that will change her tune.
(Photo: nayrb7)
Post a comment
Comments:
I used to work for Sleepy's. Here's the deal - the Sales reps are given free reign to offer/promise ANYTHING to the customer in order to make the sale. Whether or not the delivery department or the warehouse can actually back up said offer is beside the point.
In fact, the warehouse is not obligated to provide you with any materials or assist you in loading your item if you opt to pick it up yourself.
Often, the Sales rep will not make a note on the order referencing any "special instructions." As a CS rep, even if you are able to track down the sales person, (they are rotated in and out of different stores every day) chances are they will deny ever promising anything extraordinary to the customer.
Once the sale is made, it is the responsibility of the Delivery Department to complete delivery, even if the customer is picking up the item themselves.
There is no accountability for the sales team. All they have to do is "get the money." The poor Delivery and Customer Service Departments get all the s**t.
Good luck trying to get your money back as you've already signed for it. They will fight you tooth and nail.
That's what you deserve for buying a store bought mattress. I pluck my own feathers from geese I raise myself. Then I make my own mattress.
Kidding aside, this store is lacking in common sense. Have they run out of rope because they're hanging themselves with it?
It is hard to believe this story, retail firms are struggling, with lists being published on which chains might go bankrupt.
Either the manager is a pin head, or the consumer is hiding something. The details just don't make sense to me. But it is possible that the store manager is a pin head, seen plenty of that.
Legally they do have to provide the free delivery. (keep in mind I'm a law minor not a lawyer).
From wikipedia on Agency:
Apparent or ostensible authority:
If the principal's words or conduct would lead a reasonable person in the third party's position to believe that the agent was authorized to act, say by appointing the agent to a position which carries with it agency-like powers, those who know of the appointment are entitled to assume that there is apparent authority to do the things ordinarily entrusted to one occupying such a position. If a principal creates the impression that an agent is authorized but there is no actual authority, third parties are protected so long as they have acted reasonably. This is sometimes termed "agency by estoppel" or the "doctrine of holding out", where the principal will be estopped from denying the grant of authority if third parties have changed their positions to their detriment in reliance on the representations made
Basically if the person acted like they had the authority, Sleepy's dude did, and the consumer, Ashley, believed him, Sleepy's now has legal responsibility to provide Ashley with the free shipping. It doesn't matter that he said "O wait just kidding"
Hope this helps as some ammunition Ashley!
Call the BBB immediately. Not an end-all solution to the problem at hand, but definitely a start (especially if one does not want to stand handing out flyers all day).
Squeeze Sleepy's nuts!
I've actually rented Home Depot's truck to move furniture, as recently as two years ago.
It cost approx $20 for 4 hours, was essentially a pickup with a flat bed with stake sides (removable for the big stuff) and is simple to drive (automatic transmission).
Why are you making such a big deal out of this?
Most businesses that -do- deliver usually charge for that (Sears, Lowes, Worst Buy) and that's an effort to keep in store costs down.
Those places that do not deliver are taking the position that they have a cash and carry store, and they don't do delivery because they'd have to buy or lease a truck, hire employees, and get major insurance just to do that one thing alone.
Small businesses aren't able to absorb that cost easily, so many of them have stopped delivery outright.
So basically, you are complaining because you can't stop at the hardware store and buy $2 worth of clothesline cord?
Or you haven't even tried to find a friend with a truck?
I'm confused.
@TrueBlue63: It's not hard at all to believe this story, based on my experiences with two different Sleepy's stores in Manhattan. Biggest bunch of ripoff artists I ever had the displeasure of shopping with.
It's not that it's impossible to get rope and a car it's that they keep lying to her.
I am under the impression that since you haven't taken delivery of the mattress, then you are not actually obligated to keep it. Contact corporate and demand a refund, linking them to this site and giving them specifics about the store and situation. I wouldn't even bother trying to get this one home, on a matter of principle.
One word:
Chargeback
A while back, I had regular contact with Sleepy's for business purposes. I swear I have never run into a more rude of unprofessional organization in my life (and I've seen a few). It wasstunning how they conduct themselves. I swore to never set foot in a store.
@lalaland13: I make my own Tempurpedic style mattress by melting down hazardous foam I find on the side of the road till I get the size I need
@TrueBlue63: It's not hard to believe this story at all. It's a 1,000 time a day occurrence in every retail store in this country. The only thing unique about this is that the customer forwarded it to the Consumerist and Carey decided to post it.
In the last couple of years, businesspeople at every level have proven they're short-sighted, irrational and foolish. Why would you expect better from the CEO-wish-they-weres that manage retail stores?
@Brian Petrocelli: A law student quoting Wikipedia to make a point. That would hold up in court: "But, but, Wikipedia said so"
Nevermind on the invoice when you purchased it said "It is customers responsibility to tie and load the merchandise"
Everyone charges for delivery one way or another. If a store tells you they're delivering for free, they're charging you more for the merchandise you buy. You mean to tell me the delivery personnel work for free? The trucks don't need to buy gas? Insurance is non existance? Delivery is never free, you're always paying for it even if you don't see it on your bill.
Thats more of a crapshoot than you make it sound. How did the purchaser "change her position to her detriment in reliance on the representations made"? She MAY have a claim to the cost of the rope IF that promise was made pre-purchase and she relied on that promise to her detriment but it sounds like the promise of the delivery was made post-sale and was not part of the consideration thus raises the specter of a unilateral change to the contract... adding duties to the seller without any additional consideration from the buyer. This would likely be termed a gift and can be revoked anytime pre-delivery.
I'm sorry that they didn't have the rope, but is that $5 in product worth the legal hassles or even posting here? If you really want out of the sale, dispute the charge - since the mattress has never left their possession you're probably in the clear.
Just buy some twine and go pick up your mattress. Jeez.
Sleepy's is a pretty shady organization. Their salespeople are on commission, and they thrive on mistruths. I tried to get an estimate for a few mattresses a while back, and they said that they couldn't give me any discounted prices before checking out my credit history for financing. I give them the bare minimum amount of info (name/address/SS#/email addy), and they quote me a price. My goal acheived, I try to leave, only to be cornered by three other salespeople claiming that they have the same mattress I was looking at an even cheaper price (due to it being last year's color, wtf?). I push my way through, and manage to escape.
Two days later, I wake up to see that I had an email congratulating me on my new bed purchase, and a letter in the mail arrives to inform me about the new GE Credit Financing account that was signed up in my name.
I contacted GE directly to contest the obvious fraud that had occurred, the phone rep closed the account and said they would investigate the fact that a salesperson applied for a $2,000 line of credit in my name.
I bought my mattress from Sears a little while longer, for a mere fifth of what Sleepy's was charging.
Summary: Sleepy's is corrupt, avoid at all costs.
The last thing i would do is recommend to the complainer that they go sit at the store and warn potential customers. That's a great way of escalating the situation to a charge of trespassing. Call the district manager and corporate offices, that's the best you can do immediately. If that doesn't work, small claims court would be the next step. 40 years ago the BBB meant something, but today it doesn't mean or do squat.
@Gravitational Eddy: Paying $20 because someone else is refusing to keep a promise (particularly when that promise arguably amounted to a condition of sale) is a hard thing to do -- and arguably, the wrong thing to do; a society where people expect to be held to their promises is one where we're all better off.
@sled_dog: Why would you want to go pick up a mattress from a company that's lying to you? Wouldn't it be better (in the discouraging-bad-behavior sense) to either (1) hold them to their promise, or (2) get your money back and make a purchase from somebody else?
@Yoko Broke Up The Beatles: Except that the BBB has no actual power to do anything and contacting them is pretty much a waste of time.
The salesperson is "authorized" to do whatever he wants to with the commission he receives from the sale, including buying the shipping himself, and since he made the promise, I think he should own up to it.
@TrueBlue63: Having dealt with Sleepy's, and their tip-hawking delivery-men several times, I can believe this story. They even once delivered the wrong mattress to a friend.
The last time I bought a mattress I used Sleepy's, and had a horrible experience. I will never patronize them again.
Please accept our apologies for the poor service you received trying to secure delivery of your merchandise. We can only assure you that what you experienced is not our usual high level of service. Unfortunately, that must be of little consolation to you and we have paid the ultimate price- we have lost your confidence. Apprising us of our failing is, without a doubt, the most essential tool we have. It enables us to assess our shortcomings and improve our performance.
Please feel free to contact me direct @ wecare@sleepys.com Attn Greg Longmuir. I look forward to speaking with you
Greg Longmuir
VP Customer Satisfaction
Sleepy's the Mattress Professionals.
"But when I called again, just before we left to go to the store, the rep informed me that, once again, they were out of rope (he actually initially said on the phone again that they had the rope, but I forced him to actually go to the back and physically check)."
So, you and boyfriend went out, got some rope, tied up the mattress and took it home?
Right?
No???
You actually left the mattress there the 2nd time? I'm sorry - I honestly have no sympathy for you. You're still sleeping on your couch because you couldn't stop for $5 worth of rope on the way there?
@mamalicious: As much as I don't want to blame the OP...yeah. This. AT some point it is YOUR responsibility to mitigate your damages. Going back a second time without your own rope is just flat-out stupid.
One of their many nicknames is Sleazy's. The entire mattress industry is a scam - they offer 20% less than competitors, yet they all have different names/numbers for the same mattress - good luck trying to do comparison shopping. I need a new mattress and I dread going to these sleazeballs.
@mamalicious: "I have no sympathy for you" is like Consumerist comment code for "I don't really care if the customer got screwed, I'm just happy to jump on the OP."
@mythago: Agreed. I AM a lawyer, and I can comfortably say that is not good advice. In fact, it's just plain wrong.
@TrueBlue63: how often do u actually buy a mattress? once every few years?
its like moving companies... u need them only very so often, so they screw with you... the next time u need somethign similar, u go to another company and they also screw u
@Zwoda: I went there a couple of months ago to look for a mattress. I found one that seemed decent, and the guy offered me a good price. But, I live about a mile away from the store, and said I wanted to pick it up in order to avoid the standard delivery charge. They told me that was impossible - I had to be charged the fee, because the mattress was going to be shipped from their warehouse a few towns over.
Needless to say, I ordered one a few days later from overstock.com. I got an amazing deal, plus free shipping and no tax. I had been a bit worried about ordering a mattress online, but I did a lot of research and I've been very happy with it.
@Gravitational Eddy: I think the complaint is less about them not having rope and more about them lying about having rope.
The store is interfering with the completion of the contract. They keep making up ways to keep you from taking delivery of your purchase. The first time they did it, I would have told them to go screw themselves. If you don't take delivery of the merchandise, because of them, then it is still your money. They have your money and your merchandise, you can pick whichever one you want. It's not a refund unless you take delivery of the merchandise, leave and come back. You just changed your mind and want your cash back, nothing they can do. If you take delivery of it, that's another story. There is no contract if you don't have the merchandise.
@mamalicious: I agree with you completely here. Mattress stores are all pretty shady, but they are cheap and that's why we buy them there instead of at a more expensive furniture store that provides good service.
Get over yourself and go buy $1.00 worth of rope from Home Depot or wait until no one is looking and take some from the container outside that they provide for their customers. That is unless they are all out.
@Zwoda: Why would you just hand out your SS# to a bunch of shady employees?
DUMB! Don't do it! It's a trap!
Lesson learned! :)
@mythago: Absolutely not.
Sleepy's is obviously a horrible company and SHOULD be exposed.
However, it doesn't mean that stupidity can be ignored either.
So I see both sides making mistakes. Am I only allowed to point out one of them?
This website is about exposing bad companies AND bad consumers.
Simple: Get a refund, shop somewhere else.
I just purchased a mattress/boxspring combo from Sleepys today-what a coink-i-dink...
Just moved into my new place and was in the same boat about sleeping on the couch. Swung by Sleepys Clearance and rather than spit out $90 for delivery, the folks had plenty of twine on hand. No help slapping the bed on your car mind you, but at least the twine was available.
Saying that, despite receiving a good deal on my purchase, I'd have walked out the place in a heartbeat if the 'String today/string tommorow' bullshit happened. It's the principle and if the merchant is so lackidasial about things, then it would seem to me that my business isn't important nor wanted.
Interesting story, but it doesn't add up to me. I ended up purchasing my mattress from Sleepy's after doing a good amount of reseach.
I was well educated on what the mattress was actually worth, what I wanted to pay, etc. Basically, I walked into the store, got extremely lucky that a regional supervisor was there that day, named my price, pushed a little bit, and made them throw in some free extras. Got free delivery too and tax waived.
The salesmen are definitely sleazy, but mine happened to be pretty good. I find it really hard to believe that they wouldn't deliver it for free. After purchasing a mattress with my ex and not knowing the types of scams that go on at Sleepy's, I was better educated during my own purchase. Free delivery is usually one thing that is tossed in upon request (especially if you didn't cook a deal that was 50%+ off their inflated price).
Although haggling is DEFINITELY a pain at Sleepy's, if you come in with the right price information and know your number, you're usually in good shape.
What makes this story more suspecting is that usually Sleepy's ONLY delivers mattresses from their warehouses in NJ, I don't think they ever carry much at the store, therefore the delivery should have been arranged from the beginning.
I'm really pleased with my purchase from them, their delivery service was excellent, and I got a great deal. I paid cash. Buyer beware.
Forget making them get rope, I'd demand a refund. If they give you that BS that you signed for it then (hopefully you charged it on a credit card and you can) issue a chargeback.
Don't take no for an answer and don't buy from them. Cite the lack of customer service and broken promises in a letter to their corporate office and let them know that you will not do business with them any longer. Between that and the chargeback the company SHOULD make some changes for the better. If not then they are doomed to fail and good riddance.
I do like the stories on this site but it's time that people start voting with their dollars and cents. If all we do is complain nothing will change.
@mamalicious: I agree that the customer could make things easier for herself by just going along and getting along but that is NOT the right thing to do in this situation.
Companies SHOULD be held to their promises. There is no reason for her to have to bring rope to a mattress store IF that store said they would have it. The employee promised shipping so they SHOULD have to follow up with that promise (and make the loose lipped customer service rep pay for it if they have to charge someone) but just rolling over and saying "OK, you win" is not fair to every other consumer in this country who gets terrible customer service because YOU just want to "buy your own rope."
It's a shame that every day somebody has a new story like this, and stores make good *only* after they've gotten national attention on how crappy their service is.
The "apparent authority" angle is a good one; the only thing that weakens it a little is the contract had already been made; arguably, there wasn't really any consideration given by the buyer when the salesperson offered up the free delivery, so there really wasn't an oral contract created, and therefore it might be hard to argue detrimental reliance. However, I seriously doubt the store manager would understand these subtleties and it would probably be a good tactic to try.
And on a separate note, why, oh why does every new posting have at least one commenter that says "Call the BBB." Do people really not realize how completely worthless the BBB is? Once people realize that they'll get a lot more traction with public embarrassment, or going to a state licensing authority (if one is involved), or filing a small claims action, even if they don't intend to follow through, then perhaps the BBB will either clean up it's act and start doing something useful, or fade into oblivion.
@lalaland13: I think the store's just playing the "time heals MOST wounds" game. How often do people buy a mattress or combo? If you're cheap like me, once a decade and then reluctantly.
The store mgrs probably thinking "once we get rid of her, we won't see her for years."
@Gravitational Eddy: So, your advice to people who get lied to by retailers is "bend over and take it?"
Tell the store manager it is in the stores economic interest to carry rope for people who don't have pickup trucks. Internet sales will kill brick and mortar stores if they don't use common sense to help their customers. Even Home Despot (not typo) has free rope/twine.