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We’re having trouble with our retailer over a defective Serta Mattress.

Al writes:
Hi Peter,
We’re having trouble with our retailer over a defective Serta Mattress.
We bought a new mattress that we believe it is defective, but it’s proving difficult to convince the retailer. 
We purchased a king size plush pillow top mattress by Serta Perfect Sleeper…only a month ago. 
The problem is when one lies on the left side, the mattress sinks and slopes down towards the edge. 
The sloping mattress surface makes it difficult to sleep on that side and is giving my wife back aches. 
The retailer is asking us to send pictures showing “Body Impressions” or “Pillow top shifting”.
They want these photos without any weight on the mattress. 
I do not even know what “Pillow top shifting” is. I don’t think we have these problems. 
Our problem is when weight is put on the mattress. 
Can you please guide us how to prove that the mattress is defective.
We live in Suburban Toronto; Canada and the retailer is a big mattress chain with stores across Canada.
Hi Al,
There’s a very long story behind all of this, as how the mattress industry got to be so bad.
As it is, all of the major brands any many others, upholster their mattresses with memory foam.
Memory foam is specifically designed to cause a mattress to need frequent replacing…and NOT under the terms of the manufacturer’s warranty. Although, a month is a particularly short period of time.
Check the “Date of Manufacture” on the “White Law Label” that’s attached to one of the seams at the head of the mattress. It could be that you were delivered a mattress that someone else tried and returned.
As illegal as that is, it happens all the time…as there’s no one policing this industry.
Mattresses sent back by the consumer can’t be returned by the retailer to the factory for credit.
My guess is that a very large/heavy person had that mattress before you.
Make sure that the next mattress you buy has no memory foam in it…and that it’s actually NEW.
Do not rely on the veracity of the salespeople.  
Thanks, Pete 

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