Seller Beware: ‘No Refund,’ ‘No Cancellation,’ and ‘No Exchange’ Provisions in Certain Sales Contracts May Be Unenforceable
In 2013, David and Katina Spade (the Spades) purchased a mattress from Select Comfort Corp. (doing business as Sleep Number) that featured remote control operation of the height of the foot and head portions of the mattress (the Mattress). After taking delivery of the Mattress, the Spades experienced several technical problems with the remote control feature. Select Comfort and Leggett & Platt, Inc. unsuccessfully tried to repair the Mattress for almost a year. Shortly thereafter, the Spades revoked acceptance of the Mattress and requested that Sleep Number refund the full purchase price of the Mattress. Sleep Number did not do so.
* This article was published in Fashion Counsel. To read the full article, click here.