Complaints

The complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.

• Initial Complaint

  Date:10/25/2023

  Type:Sales and Advertising Issues
  Status:

  UnresolvedMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  Mattress dealer Carlos Vasquez sold me and my wife a mattress he said was 100% brand new with a 30-day guarantee. The mattress he brought to our house was discovered to not be brand new at all and was missing tags and thus no warranty by the manufacturer. We asked for a full refund and was told no money back refunds despite his assurance to get us to purchase of saying a 30 day guarantee. We would like our money returned to us, as we did not receive a brand-new mattress. The transaction was procured under false pretenses.

  Customer Answer

  Date: 10/26/2023

  When they guy (Carlos Vasquez) dropped off the mattress, we got into some chit chat and then after he left, we regrettably realized that we had not obtained a physical receipt. But we have screenshot information regarding our transaction to substantiate that we did business with him.

  Business Response

  Date: 11/09/2023

  I offered to replace their mattress with a more firm version of the Black label  they bought from me but then they went silent. When they initially purchased from me I told them they had a 30 day trial exchange or a 5 year warranty if it was defective I don't understand why they took this route especially considering the fact that they thoroughly inspected the mattress before they had me deliver it to them. For a person who sold those as a Private Party I think I was willing to go above and beyond the call of duty. I am Not a business!
  

  
  

  Customer Answer

  Date: 11/09/2023

   I am rejecting this response because: Carlos R. Vasquez said and I quote, "That (he) had been in key word, BUSINESS selling mattresses for 25 years" Hardly a private seller. Carlos R. Vasquez said that he obtained the mattresses from Beauty Rest directly as he was assisting them to sell their overstock. I will include their response to his assertions here with a copy and paste from my email dated today (11-09-23) Carlos said that we had a 30-day guarantee, he didn't mention anything exclusive to an exchange only, we wanted a new mattress with tags, and we asked within the week. We did not thoroughly inspect the mattress before we purchased it, it was wrapped in plastic. It was our presumption it was new and undefective, but it was in plastic. Carlos R. Vasquez said that he is a private individual selling (A) mattress. He has multiple listings on ******** marketplace. I think under the laws of interference, it is impossible to believe that Carlos R. Vasquez is purchasing multiple mattresses that he comes to not like, then sells them every other week. I think he forgets we went to his "place of business." That contained shipping containers filled with mattresses. Carlos R. Vasquez sold us a mattress he said was new and did so void of a tag to indicate so, in violation of federal law re: Mattress sales mandate. He can ignore our request for a refund, but actions have consequences. We reserve the right to have the ********************** and all other legal entities up to and including law enforcement, and civil jurisdictions oversee a remedy to this matter post haste. We have tangible **************** Rest has said that this model mattress does not even MAKE a medium firm mattress, but this is a moot point as we did not receive or was offered a mattress with tags. In accordance with civil code, I have requested publicly on his FB page which he has since removed and blocked me, but I am also including it here for repetition before civil action takes place in the foreseeable future. 

  Support @ Beautyrest <**********************>
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  To:You
  Thu 11/9/2023 11:07 AM
  
  Hi ****,
  
  
  
  Great    Okay    Not Good
  
  {#HS:2387410386-1433649#} 
  CAUTION: This is a message from an EXTERNAL sender. Do not click links or open attachments unless you recognize the sender and know the content is safe.
  
  Hi ****,
  
  
  
  
  Best,
  
  
  On Wed, Oct 11, 2023 at 4:24 PM EDT, ********************* <**********************> wrote:
  CAUTION: This is a message from an EXTERNAL sender. Do not click links or open attachments unless you recognize the sender and know the content is safe.
  
  My wife bought a mattress yesterday from FB marketplace, and I noticed that the tags were missing. I took some pictures I was hoping you could give me insight as to if this is real, or used, and what is my warranty through you if I want to switch out for a mattress with tags. I'd prefer to have one with tags on it, thanks.

  In my closing argument, I would like to add one final question to provoke a paradoxical answer on his part:

  If Carlos R. Vasquez is NOT operating a business; then WHY did he respond to a ****** ********** ****** complaint.