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We are in the market for 2 additional mattresses in our home, as are 4 other families related to us. We are not satisfied enough to recommend Sleepys. They do not honor their delivery policy, their salesman/woman are nice as pie to buy but change their tune when problems arise to, 'don't tell us, call the customer service number - we don't deal with that'. Full story is below but the policy you sign in the excitement of the moment anticipating a good nights sleep due to the mattress you purchased is below so no one else falls into the trap!

Their policy states: "The merchandise you have ordered is promised for delivery to you on or before the date on the front of this invoice, if the merchandise ordered by you is not delivered to you by the promised delivery date, Sleepy's will offer you the choice of (1) cancel your order with a prompt full refund of any payment you have made or (2) accepting delivery at a specific later date.

2. You must inspect your merchandise upon delivery. You may refuse delivery if your delivery is damaged.

3. Delivery time frames are an approximate and are subject to change due to weather and traffic conditions."

On 2/9/12 we purchased the Simmons Beautyrest Avondale plush mattress for my disabled daughter who suffers from RSD/CRPS, Ehlers-Danlos and Fibromyalgia. We were told and PROMISED delivery as stated in their paperwork on Friday. Although the salesman 'accidentally' entered Saturday, he assured us it would be ready for pick-up at the store for delivery on Friday. I was told as long as I used a mattress protector the 'sleep comfort guarantee' would apply. Having been to their other owned store (Mattress Giant) i was not told I would have to 'buy one' from them there and then, if I had one.

Friday my husband picked up the mattress to find out it was 'tagged wrong'. The label on the bag had another brand name mattress in it. This was quickly rectified by the salesman who said it was just an error and assured him this was the correct mattress. We took it home, LEFT IT IN THE PLASTIC BAG and my daughter insisted it was the wrong mattress. We called the salesman on the way to the store with the mattress, who said it was and because it was in the plastic it would make it more firm and take some time to soften up. We brought my daughter in so she could again sit on what she was suppose to have gotten to see if she felt the difference. We were explained the 'floor models' had been there for a year and a half and naturally would be softer. He examined the plastic bag around the mattress and could clearly see it hadn't been opened completely - just sliced opened on one end but not enough to get the mattress out. He again assured us this was the correct mattress and we needed to have 'their' protector or we would not be protected under their guarantee. Although it needs to be done at the time of sale, he called someone who allowed the sale. Naturally, they only had the $90 protectors and we did by it. We had no choice because if we didn't, we would not be eligible for the guarantee/warranty. My daughter now thrilled she was going to have a good night sleep eagerly brought in the protector while my husband for the 2nd time humped the mattress in the house.We pulled the bag half way down the mattress and low and behold...it was labeled 'Abby' not "Avondale" which was what we ordered.

(Sat. Feb 11) we loaded up the mattress and headed back to Sleepy's to deal with now salesman/woman number 3. We explained the situation and were first rudely cut off and told she would not take the mattress and we needed to go through Customer Care for a satisfaction issue. The salesman from the night before spoke with my husband, stating 'someone probably sewed the wrong tag on the mattress'. Is Simmon's aware of this? This is how they are being represented. The saleswoman spoke to someone else on the phone who said they would exchange the mattress and not charge us for it. It would be delivered tomorrow.

When we got home, we called the 800 number to ask why they could not deliver the mattress today. 4 different people (not including my husband and self) were Sleepy due to this. I was told we could not pick up at warehouse and had to wait until tomorrow. After complaining that I have now paid for delivery and wasted two un-necessary trips to the store, they refunded my delivery charge. We were offered no other discounts or even a gift card for our troubles as we were told this had to be done on the 'showroom floor' level. Even just a refund of the difference between the mattress protectors could not be done.

We later found another mattress at a large retailer, also by Simmons Beauty Rest in the 'Plush' style for less money, less hassle and a better return/sleep policy. We attempted to cancel our order as their paperwork states" We PROMISE if delivery is not made on the above date (see above) OR told them to avoid this, they needed to deliver the mattress tonight (it was just after noon) Sleepy's REFUSED US A REFUND, contradictory to what their policy states. We did not 'take delivery' of the mattress we ordered. We tried TWICE to refuse delivery/keep the mattress as we thought it was not the correct one. We spoke to the 'Corporate Manager" Hugo, who said there was no one above him, "I'm it" When asked who he reports to, he said, 'noone'. He refused us our money and refused to cancel the order, alleging we did take delivery and they were doing US a favor by 'exchanging the mattress'. He would only 'put the delivery on hold'. THey also REFUSED to refund me my money on the overpriced Mattress pad even unopened/unused, stating 'We don't do refunds' I am not giving you your money back'.

I am now also questioning if this same mattress is sold at other stores (perhaps in different states) under the 'Abby' label. I found Abby to be over $100 less than what I paid. this leaves a horrible taste in my mouth - the irony of a nightmare over a mattress!

Furthermore, they are making a *** load of money on 'used mattresses'. They collect the fee when they sell the mattress ($500 in this example). They then charge you $199 to 'swap it out' PLUS if you upgrade, the difference between the two. So now, they've collected $799 for this one mattress. In Mass you can not sell used mattresses, but by forcing you to buy the protector, they keep the mattress clean looking and can sell it out of state for 100% profit since you paid for it the first time and then the additional $199. This surely can't be legal, can it?

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I had the same horror story with sleepys. I woke up this morning on defective bed number two and Ive had it.

I beleive they sold me a used mattress and I think they are operating illegally too. They pulled the same tricks with me bed as they did with yours.

I would encourage you to join in a class action law suit against sleepys. You can reach me at kathie032000@yahoo.com

to Katherine Adams West Nyack, New York, United States #811167

Is this still a current lawsuit to join against Sleepys?

We' on our 3rd "defective" mattress (read "inferior, overpriced").

I don't want another commercially made garbage. I don't believe it's Sleepys necessarily, I just don't want to swap out again for nothing better. 6 months later and they'll examine it as defective again!

Any suggestions to at minimal threaten to get at least a partial refund?

to Joel Merrick, New York, United States #884565

I have been duped by sleepy's twice now. Our bed has a huge ditch in the middle and according to their "Warranty" the mattress has to sink 1 1/2" inches to be replaced.

Now..they now *** well the odds of that happening so when they find a mattress like ours that sunk 1 1/4" ...they are completely off the hook and it says "NO DEFECT FOUND IN MATTRESS". That's it, nothing else, get out we can't help you. I would love to be a part of a class action suit against Sleepy's if it's still pending.

Please let me know the details. My email is Modrnsage@aol.com

to Katie Leland, North Carolina, United States #940973

Im having a serious problem with sleepy also!! They are the worst company I have ever dealt with!!

Basically give me your money, just don't expect any help after. Were on our 3rd defective mattress!!I would love to be in a class action law suit..

If anyone is interested, that would be great!! They are robbing too many people of there hard earned money!!!

to Joel Leland, North Carolina, United States #940971

Im having a serious problem with sleepy also!! They are the worst company I have ever dealt with!!

Basically give me your money, just don't expect any help after. Were on our 3rd defective mattress!!I would love to be in a class action law suit..

If anyone is interested, that would be great!! They are robbing too many people of there hard earned money!!!

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