Our initial response to this customers buyers remorse complaint was to just let our customers read it and they would see that this "customer" really should not have bought the bed in the first place, as he did not have the money. This is a true example of
"BUYERS REMORSE" Mr. Swenson conveniently leaves out some facts that show that he knew exactly what was expected of him, should he decide to return his air bed, within Air Beds Unlimited's, 30 Night Sleep Trial. At the same time he makes up his own stories to justify his actions (inflated freight charges, inspection). He also tries to use someone else's inability to follow the terms of our 30 Night Sleep Trial, to justify his unwillingness to pay for his purchase, after only having his bed for 2 DAYS!
Let's start at the beginning: Josh Swenson did indeed call Air Beds Unlimited to order an
Air Bed, but not on April 22, 2010 but on April 16, 2010. At the time of his purchase, our 30 Night
Sleep Trial Policy was completely explained to him, as is our tracking/delivery policy, as is our explanation of where to find assembly instructions, explained to all of Air Beds Unlimited customers. This policy is prominently displayed on every
single one of our websites many pages. A
customer cannot buy any product on our website without agreeing to Air Beds
Unlimited Privacy Policy/Terms of Service.
The customer then emailed us back on Mon 04/19/10 and he said:
Hi Mike, I found another dealer who will sell
me the same bed @ $2100. This does not include the pillows or mattress topper.
So what I would offer to you is to keep the pillows and topper and reduce the
price to $2,100. If you agree to this please resend a copy of the order to me
corrected with the new price and refund the difference on my card, if you have
allready charged it. If you can't meet the price please let me know asap so I
can cancel my order and order it from the other dealer. Also, I see that you
state your company will beat the price by 10% that would be fine too.
He states in his
email that he is aware of the minutest of our policies one being our “Price
Match” Policy.
We agreed to the price match and amended Mr. Swenson’s order
confirmation to reflect the discounted sales price. He was happy because he was in control.
On April 30, 2010, Mr. Swenson contacted Air Beds Unlimited
and stated that he was not going to be forced to observe the Air Beds Unlimited
“Bogus” minimum 20 Nights use of our
products, under the terms of our posted 30 Night Sleep Trial, which he quoted. He then threatened to contact the BBB if we
were to stand by our posted policy. Mr.
Swenson was obviously suffering from a major case of “Buyers Remorse”. Incidentally,
the BBB rejected Mr. Swenson’s complaint that he filed with them, after having his bed
for 2 days, based in part on their policy that, “Buyers Remorse” is not a
legitimate grounds for a complaint. Mr. Swenson never said " I explained to Michael that had he been clear up front about his Refund
Policy I would never have purchased the bed from him". From his conversation, there was never any
interest on his part to figure out how to make the bed work for him. There was also no mention in any of Mr.
Swenson’s communications that the bed he received was not as described, damaged
or defective in any way. When we email
our customers with the shipment tracking information we close each and every
email with the following statement:
“ **A VERY IMPORTANT PS : Sleeping on an Air Bed is
a unique experience and is quite different when compared to sleeping
on a conventional "Spring" bed. Most Doctors,
Chiropractors and Health Care Professional will tell you that
your muscles have attempted to get used to your
current "Sleep Surface" and now they may need to be
"Retrained" for your New Air Bed. It is
important to give your muscles the time to adjust to your new
Air Bed, "Sleep Surface." (We recommend 5-6 nights between
firmness adjustments) So, we ask our customers to please immediately communicate
any concerns or questions, if any, that they may have, about sleeping on their
new Air Bed. Our sleep consultants have been involved with our Air Bed
Technology For Years and can help advise you about how to
optimize, your Air Bed, for any of your "Individual" needs.”
This
is common sense. Mr. Swenson did not
want the bed to work he just wanted his money back as per his request for a
RMA!
As
an accommodation to the customer and in the interest to his lack of intent to
allow his body to get used to his bed of 2 days, Air Beds Unlimited told the
customer that he could request a RMA (Return Merchandise Authorization)
according to the posted terms of our 30 Night Sleep Trial and that we would
waive the minimum 20 Night part of the policy.
We never said anything about customers “defecating” their returns but we
did say the return must be thoroughly inspected, before a refund could be
authorized, which he acknowledges in his RMA request. According
to the terms of our posted 30 Night Sleep Trial, which requires that a customer
requests a RMA via email the policy states, and we quote “ It is the customers
responsibility to contact Air
Beds Unlimited, VIA EMAIL, for the RMA, On or After the Minimum 20
Night Trial has concluded and before the 30 Night Trial Deadline has
Expired. Again, this way, all parties are aware, in writing, of the
requested return, the date of the request and the terms of the RMA. ”
On Sat 05/01/10, Mr. Swenson sent Air Beds Unlimited, the
following email:
“MIchael
per our conversation Friday April 30th I am requesting a RMA# to return the
Series 8 Emerald bed, and you are waiving the 20 day return policy. I plan to
ship the bed in (two seperate boxes and probably two seperate shipments since
the second box is lighter and will probably go ground Fed Ex) Fed Ex Freight
Monday May 3rd to: 4785 Elati St Unit #2 Denver Co 80216, please confirm this
is the correct address for return. Since you discounted the bed set 17% to
match usbeds price of $2100, I assume I will be paying $314 for the foundation
set, which I have no use for since I will not be buying another airbed. The
return of the bed to you is costing me $350 since I don't have an account with
Con-Way. Once inspecting the mattress per our conversation you will refund
$1783 to my credit card within 14 days, but I would expect it much sooner than
14 days.
Regards,
Josh
Swenson”
In his email he specifically
outlines that he will be sending his bed back in 2 shipments. That the bed was to be shipped to our return
warehouse in Denver, Co. (Only found on our 30 Night Trial statement). He then goes on to state the exact percentage
that he expects back after the inspection of the return. His closing sentence shows his disdain for
the time we are allowed to process a return.
Nowhere in his request for a RMA does he mention anything about not
being totally familiar with our return policy. He was the one who
brought up the, in his term “Bogus” 20 Night minimum, before we had a chance to even explain the timeframe.
He was happy however because he got his way and he was in control.
Air Beds Unlimited then issued Mr.
Swenson his RMA, according to the terms outlined/posted on our 30 Night Sleep
Trial. We agreed to issue Mr. Swenson an RMA (Return Merchandise Authorization), prior to the minimum 20 Days of tAir Beds Unlimited 30 Night Sleep Trial. We did not agree to issue him an RMA immediately. From our policy, which Mr. Swenson got his return information “ The RMA will be issued within 7 BUSINESS
DAYS of Receipt of the Written RMA Request and Returns Must Be Received, at our
return warehouse, No Later Than 7 BUSINESS DAYS (weather permitting), after
issuance of the RMA.”
On May 11, 2010 an RMA was issued (7 Business Days, as per our return policy, after Mr. Swenson's request) by Air Beds Unlimited. It said:
“Good Evening Josh: As per your written request, we are waiving our
normal minimum 20 Night Sleep trial. Your RMA Number is "RMA #4342 - Air Beds
Unlimited" This complete RMA
MUST BE PUT ON ALL RETURN ADDRESS LABELS The bed must be returned and received, in
original cartons, with all original packaging, at the return warehouse address
below, within 7 Business Days, following receipt of this RMA. This
RMA is only valid for 7 Business Days from the email delivery receipt. We will
be requesting a "email read receipt" to verify that you did indeed
receive this RMA via email and that you accept the return terms. You
can also return this email acknowledging your agreement to the terms of
the RMA. We also ask that you email Air Beds Unlimited ( support@airbedsunlimited.com ) with the tracking information of your
returned purchase. Your original form of purchase will be credited, less
the $75.00 return fee, within approximately 14 business days, after the Air Bed
is received by us and is thoroughly inspected. We have included a copy of
our published 30 Night Sleep Trial, for your records. If you have
any questions, please don't hesitate in contacting us.
Return Warehouse:
Specialty Sleep Services 4785 Elati St., Unit 2 Denver, CO 80216 Phone: 303 296-0953
top
of page
30
Night Sleep Trial:
Choosing a new Sleep System is one of the most important
decisions one can make. After all, YOU SPEND 1/3 OF YOUR LIFE IN BED!
When you have the quality of products that Air Beds Unlimited has, we can
comfortably and without hesitation, offer our customers a true 30 Night Sleep
Trial! Our 30 Night Sleep Trial is a good faith trial! This means
we will allow our customers to use our air beds for a maximum 30 Nights but we
expect the customers to use the beds, in good faith, for the minimum 20
Nights. If you are expecting our beds to immediately cure chronic
physical problems or if you are not willing to give your New Air Bed and Body a
minimum of 20 Nights to adjust, may we politely suggest, that you do not buy
our Air Beds!
Our 30 Night Sleep Trial/Limited
Return Policy is this:
If after a Minimum of 20 Nights
and no more than 30 Nights, the customer is not completely satisfied
with their Air Bed Purchase, they may return the Air Bed, at their expense,
less a minimal $75.00 return fee, for a refund. You will not be deducted
for the original shipping charges to you!*
A natural question is, "What is
your Air Bed return rate?". Our return rate is incredibly low, <
1/4 of 1 percent and we realize that there is no such thing as the perfect
product for everyone.
Sleeping on an Air Bed is a unique
experience and is quite different compared to sleeping on a conventional
"Spring" bed. So, we ask you, our customers, to please
communicate, as soon as as the need may arise, any concerns or questions that
you may have about sleeping on your new Air Bed . (We recommend a
minimum of 5-6 nights between firmness changes). Our sleep consultants
have been involved with our Air Bed Technology for Years and we can help advise
you, how to optimize our Air Beds, for any of your "Individual"
needs.
There are NO Sleep studies that show
that the body needs an acclimation period of 4-6 weeks, to start feeling the
benefits of a new sleep surface. If the bed is properly adjusted and
used correctly, your body will know within 30 Nights! Why should you
have to wait for 60-90+ Days to return a product that does not work for
you! There is no advantage to you, the consumer, to have to wait for an
extended period of time, to return a product that is not right for you!
*What is Not Covered Under The 30
Night Sleep Trial/Return Policy?
Adjustable, "Electric" Bed
Frames, Wooden Foundations, Bed Legs, Accessories, Replacement Parts, Special
Orders, Mattress Pads/Protectors, Pillows, Linens, Incorrect Orders Placed by
the Customer, Directly Thru Our Website, (In order to help minimize
order/shipping mistakes, please inspect your emailed Order Confirmation
thoroughly and notify us of any mistakes or questions), "Special"
Delivery Needs and "White Glove Delivery" Charges are Not Covered
Under the 30 Night Sleep Trial and are therefore, NOT RETURNABLE OR
REFUNDABLE.
Order Return Process and Procedures:
AFTER A MINIMUM OF 20 NIGHTS, A
CUSTOMER MAY REQUEST A RMA (Return Merchandise Authorization), VIA EMAIL, TO
MEMORIALIZE THEIR REQUEST/DESIRE FOR A RETURN OF THEIR AIR BED. BY
REQUIRING THAT All RMA REQUESTS BY THE CUSTOMER and ISSUANCES BY AIR BEDS
UNLIMITED, LLC, BE SUBMITTED IN WRITING, THE CUSTOMER AND AIR BEDS UNLIMITED,
LLC, ARE BOTH AWARE OF ALL OBLIGATIONS OF BOTH PARTIES, REGARDING THE RETURN
AND REFUND OF THE MERCHANDISE.
No merchandise may be returned,
without an RMA.
No RMA'S will be Issued or Considered Prior to the 20 Night Minimum Sleep Trial
Period or After the 30 Night Maximum Sleep Trial Period. It is the
customers responsibility to contact Air Beds Unlimited, VIA EMAIL, for the RMA, On or After the Minimum 20 Night Trial has concluded and
before the 30 Night Trial Deadline has Expired. Again,this way, all parties are aware, in writing,
of the requested return, the date of the request and the terms of the RMA.
No RMA'S will be issue after the 30 Night period has expired. The
RMA will be issued within 7 BUSINESS DAYS of Receipt of the Written RMA
Request and Returns Must Be Received, at our return warehouse, No Latter Than 7
BUSINESS DAYS (weather permitting), after issuance of the RMA. Also,
Absolutely NO C.O.D RETURN SHIPMENTS WILL BE ACCEPTED at our Return Warehouse!!
If a Bed is returned
without a RMA or after the 7 Business Day Return Window, the return may be
subject to an additional 30% Unauthorized Return Fee. It is the
customer's responsibility to arrange return delivery, back to our return
warehouse in Denver, CO (see below)! All returned
merchandise must be, but not limited to, original condition, unsoiled, smoke
free, undamaged and packed in original cartons and packaging, with all tags in
place. A mattress pad/protector WILL NOT BLOCK SMOKE.
We would suggest that all returns be insured against loss and freight
damage. All Returns Will Be Thoroughly Inspected, Upon Receipt, For Any
Damage or Unacceptable Condition, Prior to a Refund Being Issued. If
a returned product is found to be damaged/unacceptable (except freight damage),
Specialty Sleep Services will provide complete documentation as to why, after
the through inspection, the return was found to have been damaged or ruled
unacceptable for return and why there will be no refunds for any
damaged/unacceptable returns.
Return
Warehouse:
Specialty Sleep Services
4785
Elati St. Unit #2
Denver,
CO 80216
Phone:
303 296-0953
Refunds for returns and cancellations will be issued to the
original method of payment, within approximately 14 Business Days after receipt
at our third party return warehouse and after a through inspection.
Air Beds Unlimited Customer Service
www.airbedsunlimited.com
TOLL FREE 1 866 WAKE RESTED
(1 866 925-3737 Ext. 2)”
Mr.
Swenson then emailed Air Beds Unlimited stating that we were to immediately
refund his purchase and pick up his bed and pay for return freight to our
return warehouse in Denver! We had
already paid the freight charges to have his bed, which he had for 2 days,
delivered to him. He simply was suffering
from buyers’ remorse and he is using the hindsight defense and wants to be
portrayed as the victim. Does this look like a victim: http://www.facebook.com/profile.php?id=1094764226&ref=search&sid=toyJ2Z7Aw57gmTM7dRCsdA.3274484381..1 He requested
the return of the bed and we obliged him by issuing a RMA outside of our normal
policy time frame. Mr. Swenson would
like us to issue him a refund, get Visa to cancel his charges and have us pick
up his bed. This is the resolution that
he was requesting of the BBB, which rejected his claims, due to "Buyers Remorse" not being grounds, for a complaint! We could not issue him a refund even if we
were so inclined! He has already filled
a charge back with Visa. He wants to double dip.
He is still within his 30 Night Sleep Trial. This is not a legal matter, as much as Mr. Swenson wants people to
believe. You cannot protect someone from
their own buyer’s remorse or whatever his true reason for wanting to return his
bed. There is also the Air Beds
Unlimited’s expenses incurred with this transaction I.E.- Freight( $196.00) to
the customer, (which we pay ), Administration (Processing the order)&,
Marketing (He found us somewhere! Pay per Click Advertising). Mr. Swenson also misstates that we did not give someone completely not related to this matter, their refund. That customer never returned their purchase so there was no refund forthcoming!
MR. SWENSON IS NOT A
VICTIM!
