I am filing this complaint against Duroflex regarding a Duroflex Airboost 3.6 mattress, concerning misrepresentation at the point of sale, non-disclosure of a material condition, a defective product, and the refusal of both return and replacement.
SEQUENCE OF EVENTS
1. Before purchasing, we approached the Duroflex store to determine the correct mattress size for our bed. The store sent a representative to our home specifically to measure the bed.
2. The representative measured the bed and initially stated the requirement as approximately 79 x 72 inches. Shortly afterwards he revised this to 78.5 x 72 inches.
3. We specifically asked whether we could simply purchase the standard 78 x 72 inch mattress. We were not requesting a custom size. Our stated preference was a standard size.
4. The store representative advised against the standard size and convinced us to purchase the custom 78.5 x 72 inch mattress. We accepted this recommendation because the representative had been sent by the store and had personally measured the bed at our home.
5. At no point before the purchase was it clearly disclosed to us that selecting a custom size would make the mattress ineligible for return under the applicable return policy. This was a material condition affecting our decision, and it was withheld at the very moment we were being advised away from the standard size we had ourselves proposed.
6. After delivery, the mattress did not fit the bed properly and did not fill the frame as expected. We also observed sinking and sagging.
7. The mattress was represented as having a 5-zone layer construction. On examination, the bottom and base construction did not correspond with the product representation we had been given. We raised this with Duroflex and requested clarification. No clear explanation was provided.
8. Within a few days o[censored]se, I developed back pain that worsened progressively until it was severe enough to require medication. We reported this to Duroflex immediately. Duroflex classified the complaint as a comfort issue and declined the resolution we sought.
9. Customer support initially stated that the return restriction applied because the mattress was custom-sized, and that the position would have been different for a standard size. We then pointed out that the custom size originated from Duroflex's own representative's measurement and recommendation, contrary to our own request for a standard size.
10. After this was raised, the explanation changed. We were then told that there is no return policy for any product. We therefore received two materially different explanations for the same refusal, the second being given only after Duroflex's own role in the size decision was brought to their attention.
11. A member of the support team assured us that the matter would be discussed internally and that we would receive a response. No proper response was received and we were required to follow up the following day.
12. We were subsequently told that the mattress could potentially be taken back if it were not custom-sized, and were directed to the store. The store directed us back to customer support. This redirection continued over five days. At no stage did any person or department take ownership of the complaint.
13. When family members visited the store regarding the complaint, the store manager did not address the product issues. He asked how many people had come, which of them had more experience with mattresses, and how many times they had used mattresses. None of our actual concerns — fit, sagging, construction, back pain, the custom-size recommendation, or the undisclosed return restriction — were discussed.
14. Importantly, we did not demand a refund. We expressly stated that we did not want our money back and asked instead for a replacement with a suitable product that does not cause back pain. This request was also refused.
GROUNDS OF COMPLAINT
a. The custom size was determined and recommended by Duroflex's own representative after a home measurement, in preference to the standard size we ourselves proposed.
b. The restriction on returns for custom sizes, a material term, was not clearly disclosed before purchase.
c. The product delivered has defects in fit and exhibits sinking or sagging.
d. The construction of the product appears inconsistent with the representation made to us.
e. Duroflex gave inconsistent explanations regarding its own return policy, altering its position once its role in the size decision was raised.
f. Neither return nor replacement has been provided, despite our having requested only a replacement.
RESOLUTION SOUGHT
1. Replacement of the mattress with a suitable product of appropriate size and firmness, which remains our preferred resolution; or, failing that, a full refund and collection of the existing mattress.
2. A written explanation of why the custom-size return restriction was not disclosed at the time the store representative recommended the custom size over the standard size we had requested.
3. A written clarification regarding the product's layer and base construction as compared with the representation made to us at the time of sale.
4. A single point of ownership for this complaint, in place of continued redirection between the store and customer support.
I have documentation of the purchase and of the correspondence with Duroflex, and I am prepared to produce it. I have also registered this matter through the consumer grievance channels.
Was this information helpful?
Post your Comment