By Kurtis Ming

No matter which way Phillip Simich turned his mattress, it wouldn’t fit his king-size bed frame.

“We flipped it triangularly,” said Simich, who lives in Fairfield. “It won’t fit, period.”

It’s hard to think of different ways to lay a mattress into a bed frame, but he insists he has tried them all.

“There’s this big gap here,” he said, rotating and trying to leverage the mattress into his bed frame.

He paid almost $600 in total, including delivery, for the mattress advertised as a king, Simich said. A king mattress would perfectly fit his bed frame.

Or so he thought.

It wasn’t until after it was delivered that he realized the problem.

“It doesn’t fit,” he said, after measuring the mattress to be 71 inches wide by 81 inches long.

Depending on how it’s turned, the mattress, purchased from Fairfield’s Tak Furniture over Labor Day weekend, is either 5 inches too skinny, or 3 inches too short.

Mattress sizes aren’t federally regulated, but the industry does follow “general guidelines” for sizing, according to Karin Mahoney of the International Sleep Products Association.

After all, countless businesses must rely on some form of measurements to produce bed sheets, comforters and even bed frames.

Mahoney said, a king-size mattress in the United States is usually 76 inches wide by 80 inches long — incidentally the dimensions of Simich’s bed frame.

But the mattress he got just doesn’t fit.

“I think it’s totally absurd,” he said. “I should be able to get my money back or get a mattress that actually fits the frame.”

An employee identifying himself as “Chrren,” the “brother of owner” Nader Rakhshbahav, insisted the mattress sold to Simich was, in fact, a king, and there would be no exchanges.

The owner later told CBS Sacramento that his company wouldn’t return or exchange the product, since he had signed the receipt.

The fine print of Tak Furniture’s original product receipt reads, “Merchandise was received in good condition and I am satisfied,” which Simich said they made him sign days before the delivery.

But Simich’s contention is that the item he received is not a “king mattress” at all – as printed on the receipt.

“If you ordered a mattress of a specific dimension, and it comes and it’s not that dimension, then it’s not what you ordered,” said Russ Heimerich of California’s Department of Consumer Affairs, speaking in generalities and without knowing the exact details of this case.

Heimerich said a dispute like this often ends in legal battles – exactly what Tak Furniture suggested Simich do.

“He should go to court and we can settle it on paper,” Chrren told CBS Sacramento. Rakhshbahav later told CBS Sacramento the same thing.

Simich isn’t sure it’s worth the trouble.

“I shouldn’t have to go to this depth just to get what I want,” he said.

Comments (7)
  1. TheViper says:

    i would contact the bbb in sacromento or fairfield and make a complaint .if that doesn’t resolve it then court would be my next step .also what happened to the famous saying the costumer is always right. going to court will hurt this companies rep and there pockets seeing if this guy won his case they would be
    stuck payin for court cost ect ect ect . Tak Furniture’s is a shady company i have never heard of a company refusing to make good on a mistake or a mix up .Tak Furniture’s needs to man up and fix this problem even if the receipt say all is fine . this guy didn’t know this untill the matteress was on his frame..
    finall comment : Tak Furniture’s the costumer is always right when it comes to keeping money in ur pockets and the doors open at your store so fix the problem .

  2. jjvv says:

    First of all he should not have signed that paper saying he was satisfied days before delivery, like how can someone “make” you signed that paper. Second, this is poor advertisement for that company; I’d never shop there, telling me to go to court and get it on paper? Oh please, the guy just wanted a mattress that fit his bed, he should send the message that this was poor customer service.

  3. Bob says:

    What they delivered was a California King mattress. People need to check first be for sending them out. People just get to much in a hurry and not read all that is said on the tag. I had it happen to me before.

  4. Lady63 says:

    I feel this is very poor customer service. I would never shop there due to this article. A mistake is a mistake, face up to it. That’s one reson I stick with big name companies.

  5. Sally says:

    What kind of a name is Tak People shop USA this name sounds foreign

  6. Lisa Dorman says:

    This seems to be happening alot, I’m sorry but people from other countries come here and expect to do business as they did back home. Ignoring the laws and business practices of California,and the US.
    I’ve argued over and over about gift certificates at nail salons and restaurants,owned and run by folks not from the US,they just ignor the laws. and laugh.

  7. Khen says:

    I am minority myself, research first, don’t buy it from companies with middle eastern decents on it, they have more chances with dishonest and difficult to dealt with later. Seriously!

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