Ordered Simmons Mattress, got sent Sleepeezzee - Help - Terrible

gayles

Hi there, can anyone help please? We ordered a Simmons bed, tonp of the range, and got sent a Sleepeezee. We have always had Simmons Indulgence mattresses in the past and they have been lovely. This one os completely different, it is uncomfortable and also, we wake up swimming in perspiration - the mattress smells terrible and we cannot even clean it, or turn it over as it is one of those that you cannot turn. I emailed Simmons and they simply state "
Dear Gayle, Unfortunately specifications do change over time. This model now fits in with the Sleepeezee quality and although we do make Simmons beds, the range is now targeted at a slightly different level. Regards.Sue"

Surely this cannot be right?
Any ideas what I can do? Any help is much appreciated.
Kind regards,Gayle

hollydays

Name the company.
If you knew it was the wrong bed,why did you use it?

gayles

Hi hollydays, thanks for replying. the Company was KD Beds, they delivered the mattress at 11pm at night....nightmare. I took one look at it in the van, and saw that it was sleepeezzee and told them to take it back, which they did. I then called KD Beds in the morning and complained and they said that Simmons are now Sleepeezee, and that the bed was exactly the same but just rebranded. They then said that I had to pay for re-delivery to which I compained and said that I would prefer a refund to which they said that I would then need to pay a restocking fee of £50. So, I gave in and told them to send it out again and I had to then wait another 3 weeks for delivery after already waiting 5 weeks before. I had just had a baby and was desperate for a comfortable mattress as my back was in a terrrible state. Since getting this new mattress, it is even worse now. Hope this all makes sense. Many thanks, Kind regards, Gayle

hollydays

you could try posting this on

http://forums.moneysavingexpert.com/showthread.html?t=1026667&highlight=mattress+memory

this thread

Once you have established it is not the same product,then you can start asking them to do something about it.

4743hudsonj

gayles wrote: »

Hi hollydays, thanks for replying. the Company was KD Beds, they delivered the mattress at 11pm at night....nightmare. I took one look at it in the van, and saw that it was sleepeezzee and told them to take it back, which they did. I then called KD Beds in the morning and complained and they said that Simmons are now Sleepeezee, and that the bed was exactly the same but just rebranded. They then said that I had to pay for re-delivery to which I compained and said that I would prefer a refund to which they said that I would then need to pay a restocking fee of £50. So, I gave in and told them to send it out again and I had to then wait another 3 weeks for delivery after already waiting 5 weeks before. I had just had a baby and was desperate for a comfortable mattress as my back was in a terrrible state. Since getting this new mattress, it is even worse now. Hope this all makes sense. Many thanks, Kind regards, Gayle

did you order it over the phone or net


if so report them to trading standards as they have already committed an offence by attempting to charge a restocking fee.

you also need to write to them requesting they replace your bed with a simmons bed or give you a full refund as the bed is not of a satisfactory quality as stated by the sale of goods act.

tell them about your previous experiences and how this one differs. give them 10 days to respond with a suitable resolution or you will involve trading standards(you will be anyways but dont tell them that) and will consider small claims court to get a resolution.

hollydays

How is it not of satisfactory quality,just because the Op doesn't find it to her taste?

4743hudsonj

hollydays wrote: »

How is it not of satisfactory quality,just because the Op doesn't find it to her taste?

well because compared to their old mattresses its not a sattisfactory quality is it. otherwise their wouldnt be an issue.

The_Plush_Doormat

Why don't you contact Simmonds Bedding Group, Rochester, Kent on 01634 290257 and ask them if their beds have been rebranded by Sleepeezzee.

gayles

Many thanks 4743hudsonj for your response - I will look in to all this.

hollydays, it is not because it is not to my taste, I have 3 other SIMMONS Indulgence 1400 mattresses in the house, they are all great and look identical. This latest one I ordered is NOTHING like the others, it is quilted, has tufts etc and has SLEEPEEZEE written on it - my other ones are firm, this one is soft and has polyester top, which I am sure impacts on the perspitation that we have been experiencing. If SIMMONS have changed their bed, then surely they cannot advertise it as a SIMMONS Indulgence 1400, they should have renamed it to Sleepeezzee Indulgence and pointed out the differences. Kind regards all and many thanks, Gayle

hollydays

I am inclined to agree,but I would say it is not "as described" rather than not of satisfactory quality.You have every right not to like it-it doesn't appear to be what you thought you were getting.But then,was there anything about the photo that you saw that actually looks different to the one you ordered?Perhaps it is enough that the brand is different,tricky.

ABH_3

As the other posters have already said you need to write or communicate your dissatisfaction to the company concerned, it will take a little bit longer but I suggest you communicate in writing, that way you've got proof of what everyone said.

You need to tell them that you are 'rejecting the goods as simply they do not conform to contract', this is obviously different to 'of sattisfactory quality', the difference being that you ordered one particular item of a specific brand\quality then received something inferior, so therefore it didn't conform to your expectations or the contract.

Also, restocking fees are for Businesses and are a penalty for business to business transactions. You don't generally get them as part of a consumer contract, and if you did. They would have to inform you of them at the point of sale, that's BEFORE you handed over the money. They can't just levy them on you when they feel like it.

Ask them to fulfill the contract as per your original request if they fail to do so then it only leaves you one avenue, that being to seek redress in the county court. Or moneyclaimonline.gov.uk iirc.

HTH