Consumer Law, Warranties Do I have the right to a full refund?

[llsrealtor]

On thrursday I had a memory foam mattress delivered. It takes several hours to Plump up. I waited all day. It never fully plumped up and has sags and indents all over. I called first thing Friday morning to customer service of a big name company. The lady acted as though I was a lier and just decided I didn't like it. She told me no returns. I explained again that it is clearly defective. She finally agreed to send a tech next Thrusday. I told her I had a spinal fusion and metal cages in my back. A mattress is critical to me. Also said I would contact BBB. Oh they magically had an apt today. The very nice service guy came out and said right away it was defective from the way they stored and moved it. So I guess its that easy to cause defects. Which one totally changes my mind on something that is that fragile. I need something very reliable due to my back. Two I'm tired of the whole mess. I'm in horrible back pain. Im still waiting on a manager to call me to see what they are going to do. I have horrible anxiety about something that is really important to my life. I didn't move the new mattress cause I saw on the BBB site a guy got blaimed for damages from moving the mattress. I just want my money back. Do I have that right for my money back or do I have to let them replace with another product I have now learned is bad all around??

 

[mightymoose]

If you accept delivery of a new mattress you will have greater difficult getting a refund. Make it clear you want a refund and don't negotiate.
If they refuse, and if you used a credit card for the purchase, dispute the charge with the credit company and see if you can get a reversal. So long as you are not in possession of any purchased items you have a decent chance.
If they refuse and it was a cash sale you can try small claims.
Howver, if you ask nicely and you are firm, you will likely get your refund.

 

[llsrealtor]

Thank you, we took delivery of it because you have no way of knowing the defects at delivery. It takes two hours for the mattresses to expand. The service tech was nice and reported it as defective today. We haven't had an issue with that. I just want a refund and am scared they will try to stick me with a mattress that will have the same issue. I can't go through this with my back issues. I'm curious if by law I can get my money back or have to except the exchange.

 

[mightymoose]

Don't accept delivery of a NEW mattress.
Insist on a refund. If defective, I would expect the service person would have taken the first mattress. If not, arrange to have it returned.
As long as you are in possession of something you will have trouble getting a refund.