Tempurpedic has 4 months return policy. I first tried their "Classic" model. It gives comfortable support, but it is just too hot, so I returned it. 3 weeks later I decided to give it another try with their "Delux" model which it claims to be cooler with its dual ventilation layers. During my 2nd order on the phone, the issue of whether I am allowed to return or not was NOT mentioned until I asked for complimentary item. The customer service asked me to waive my right to return if I want the free pillows, so I did. Mattress arrived first, on which after I tried a couple of weeks, I felt back pain due to its too-soft surface. On the same day as I received another shipping package 4 weeks later for the pillow I called Tempurdic for return. They claimed since I waive my right on the phone I was not allowed to return. Please let me know if I can still return the mattress legally.
2006-12-31 07:18:41 · 7 answers · asked by xanderlyn 1 in Politics & Government ➔ Law & Ethics
You agreed to and entered into a verbal contract. You are now bound by this contract.
A verbal contract DOES NOT have to be recorded in order to be upheld.
However, even though they aren't obligated to take your return, you could try to appeal to their public relations department. They might be willing to accept the return to keep your business.
2006-12-31 08:51:27 · answer #1 · answered by jdphd 5 · 1⤊ 0⤋
A verbal contract is binding unless the law specifically requires contracts of that type to be in writing. The reason most people believe they are not is they are hard to prove. As for the comment about recording, it is not required. Your call was probably recorded anyway.
2006-12-31 17:39:20 · answer #2 · answered by STEVEN F 7 · 0⤊ 0⤋
Nope, you entered into a binding contract where you waived your right to return. no way around that one. You have to watch what you agree to.
2006-12-31 15:27:41 · answer #3 · answered by ramall1to 5 · 0⤊ 0⤋
A verbal contract is only binding if they have a recording of it. If so, (which they probally do) then unfortunatly youre screwed on that one. Try laying in different positions on the matress. Sometimes a different matress calls for a different style of sleeping.
2006-12-31 15:27:58 · answer #4 · answered by Johnny L 3 · 0⤊ 2⤋
Might try flipping the mattress over to see how sleeping on the support foam side feels . . foam mattress resource links:
http://mattress.talkspot.com/aspx/templates/blank.aspx?msgid=0
2006-12-31 20:55:57 · answer #5 · answered by Gort 6 · 0⤊ 0⤋
Verbal contracts are binding.
2006-12-31 15:40:57 · answer #6 · answered by Anonymous · 1⤊ 0⤋
you waived your rights, ( gave away) thus you don't have any, is there something you can't understand about it?
A verbal contract is binding,
2006-12-31 15:23:03 · answer #7 · answered by Anonymous · 1⤊ 0⤋