Kingsdown and Sleeps Mattress Sagging moldy mattress and false warranty representation Mebane North Carolina

Purchased a new Kingsdown 'my side' mattress 1 year ago from Sleepys. Paid $5000 which included storage box springs and $100 mattress protector that was "guaranteed to protect the mattress so we never have any warranty issues from moisture or water damage".  Protector was never washed only put on immediately upon arrival.  9 months later the mattress was sagging so badly on one side and towards the edge, it was like falling into a hammock.

Called sleepys, they sent a 'mattress marshall' out to measure indentation or imprint. It was 1 1/4", and upon inspection of underside there was mold found on mattress - inbetween mattress and boxspring. Marshall took photos and explained this should be unacceptable and we should be very vocal about the mold considering the health risks invovled. Sleeps notified us a few days later that the indentation wasn't not enough to meet replacement requirements and that that we should call back in 3 months and have another inspection.

We inquired about the mold and were told that if we had mold it was our fault and would only void the warranty, it was not their problem. We called sleepys back in 3 months and the manager said they had the photos from the marshall and report and the mold voided out warranty and we were not eligible for replacement or credit.  We argued that we had no water damage, we used the cover, and the mold between the mattress and boxspring could not be through fault of our own.

That was met with various cause scenarios of humid weather or wet mattress protector or wet bed skirt, none of which were the issue. We argued that if we lived in a humid climate without AC why would that be an issue and void the warranty? SHouldnt' the mattress be resistent to mold and not grow it inbetween? We were then given the option of buying a new sleepys mattress at a 50% employee discount.  As if we'd ever buy from sleepys again or recommend it to anyone.  We are now plagued with health issues, allergies and back issues, and are seeking legal representation.