• Report: #1012900

Complaint Review: Marks Mattress

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  • Submitted: Tue, February 12, 2013
  • Updated: Tue, February 12, 2013

  • Reported By: Concerned Consumer — Newburgh Indiana United States of America
Marks Mattress
5400 E. Indiana St. Internet United States of America

Marks Mattress Switched My Order At Checkout WITHOUT my Knowledge - Using "No Return" Policy to Get Away with Bait & Switch Tactics , Internet

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I went into Marks Mattress and "tested" (laid on the mattress) a showroom model Beautyrest mattress. The mattress was marked with signage to indicate it was $1150, with a "Your Price" of $525. The salesperson approached me and I told him I would like to purchase the mattress by placing it on layaway. He wrote up my order and gave me a sales receipt with merchant coding to identify the name and description of the mattress I ordered as "QM-SMA, WC PT."

When I picked up my mattress at the store, it was covered in protective plastic. Upon unwrapping the mattress at home, it had stenciled black ink printing on the mattress top and tag to indicate, "AS IS NO MANUFACTURING WARRANTY." The side band material was missing, the side handles were missing, and the mattress pattern was different than the model I viewed in the store. It also had a harder "feel" to it when laying on the mattress than the mattress in the showroom I tested. [continued below]....
.....

The very next day, I went to Marks Mattress to advise them that a delivery error had been made - that I was given the wrong mattress. The salesman immediately advised me of their "No Return" policy. I explained that the markings on the showroom mattress and the "feel" of the mattress was not the same as the one delivered to me. When he continued to recite the "No Return" policy and remind me that I "signed" this policy; I explained that I understood - IF I had been given the mattress that I believed I had ordered.

When the Salesman would not acknowledge the error, I advised him that giving me a mattress that I did not order was a "deceptive practice" and that I intended to report this to the Better Business Bureau, he told me that I was no longer welcome in the store and that if I didn't leave, he would call the police! I told him I would leave, but I was first going to get my camera and take pictures of the showroom mattress model that I had a reasonable excpectation was the mattress I had purchased.

I took my pictures and filed a complaint with the Attorney General's Office. The Attorney General  (AG) found enough merit in my complaint to attempt mediation on my behalf with Marks Mattress. However, Marks Mattress would not budge and stuck by their "No Return" policy. And, since my complaint was the only complaint the AG had on file for Marks Mattress, they were not able to pursue further investigation.

I've been a consumer for over 40 years. I have NEVER been treated like this by ANY merchant! Let alone having the police called on me because I was asking for delivery of the mattress I had purchased! Marks Mattress sales tactics and treatment of customers is appalling. It is not right that they are getting away with this type of business practice.



This report was posted on Ripoff Report on 02/12/2013 11:28 AM and is a permanent record located here: http://www.ripoffreport.com/r/Marks-Mattress/internet/Marks-Mattress-Switched-My-Order-At-Checkout-WITHOUT-my-Knowledge-Using-No-Return-Pol-1012900. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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