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  1. #1
    Join Date
    Jun 2015
    Posts
    4

    Question Bought a Mattress from a Store, the Retailer Refuses to Deliver It

    I purchased a mattress for 800$ from a retailer store (MattressOne), it gave me back pains after sleeping on it for a few days, so I decide to exchange to another mattress which is granted by their 120 day comfort guarantee.

    So I visited the same store and exchanged to another mattress with adjustable base, the price of the whole set is $200 higher, so I paid them extra $200 and $79.98 transportation fee with corresponding tax.

    The new mattress is supposed to be delivered on May 27th but it didn't, I tried to call their customer service many times and finally a "district manager" called me back, the guy said the sales person "made a mistake" on this, according to their company policy, I can only change the mattress to another mattress, not mattress to mattress and base. The guy called me again on the same day, this time he said that their “sales person made a mistake on the price, the actual price of the new mattress and base is much higher than what I paid”.

    So, they refuse to deliver what I purchased.

    Do you guys think if this is a fraud? if so, what options do I have?

    Thank you in advance.

  2. #2
    Join Date
    Mar 2013
    Posts
    16,954

    Default Re: Bought a Mattress from a Store, the Retailer Refuse to Deliver It

    What do you have in writing?

  3. #3
    Join Date
    Jun 2015
    Posts
    4

    Default Re: Bought a Mattress from a Store, the Retailer Refuse to Deliver It

    At first, thank very much for your response.

    I have a paper printed receipt from them, it's a A4 paper with the name of item I purchased, the price I should pay, and a sale number.

    I also have the corresponding POS slip of my credit card payment, showing that I paid them what I should pay.

    But there is no signature on their receipt.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Bought a Mattress from a Store, the Retailer Refuse to Deliver It

    As you chose not to follow the instruction to identify your state, nobody is going to be able to direct you to the laws of your state.

    So far, you have not given us any indication of fraud. There may have been a mistake by the salesperson, but mistakes are not the same thing as fraud.

    From what you have told us so far, the normal rule would be that the store made its sale and is stuck with its bargain. However, you may not be able to enforce that deal without resorting to small claims court. You can consider making a complaint to your state's attorney general's office, consumer division, and see if that produces any results.

  5. #5
    Join Date
    Jun 2015
    Posts
    4

    Default Re: Bought a Mattress from a Store, the Retailer Refuse to Deliver It

    sorry i didnot read the instructions carefully, i reside in texas.

    i believe the sales person didnot do this intentionally, maybe he he did make a mistake on the price of the item i purchased.

    in this case, do i still have the rights to ask them honor their receipt and send me what i paid for?

  6. #6
    Join Date
    Sep 2012
    Posts
    1,988

    Default Re: Bought a Mattress from a Store, the Retailer Refuse to Deliver It

    under general contract law you would, a mistake by one party does not void a contract

  7. #7
    Join Date
    Jun 2015
    Posts
    4

    Default Re: Bought a Mattress from a Store, the Retailer Refuse to Deliver It

    thank you for all of your information, you are very helpful.

  8. #8
    Join Date
    Apr 2006
    Posts
    122

    Default Re: Bought a Mattress from a Store, the Retailer Refuse to Deliver It

    If you paid for it by credit card you could dispute the charge if the item was not delivered. What I would do before doing this is reminding the vendor that they must deliver your product within a reasonable amount of time and if not you have the right to go to other resources and cancel the contract.

    If they do deliver your item late then it would be wise for them to offer you a discount. I would call in and see where the mistake was and see if they can offer you a discount as a gesture of goodwill.

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