Advice for online purchase from Fresh Network

Jools007

I placed an order which included three bottles of supplements at a special offer discount of 98% as advertised on the fresh Network's website on 26th June. When the package arrived the supplement bottles were missing. I sent an email via the contact form on their website to ask where the missing items were which informed me my message had been sent successfully. I received no response from The Fresh Network.

I phoned and spoke to a customer service advisor this morning to convey my disappointment and was told I didn't receive the supplements as they were out of stock. I said I wasn't happy with this response as I'd received no reply to my email or indeed any communication whatsoever from The Fresh Network to inform me I wouldn't be receiving my order and he replied there must be a computer glitch and he would inform IT.

I then pointed out that they are currently advertising the exact same supplements on their website at full price which clearly states they are In stock!! I was told me this must also be a computer glitch! He informed me any emails I may have received from The Fresh Network regarding this may have gone into my spam folder and that I have been refunded the £3.60 I was charged. There was absolutely no email whatsoever from The Fresh Network, Spam or otherwise, and no refund received or pending via PayPal or my bank so his information is clearly inaccurate. I said I should have been offered the opportunity to receive the supplements when they are back 'in stock',(even though according to their website they are very much in stock and I can order them at full price today if I wish) but was told that they won't fulfil back orders for this as they'd need to wait 3-4 months for the bottles to be relabelled or something.

I have been in contact with The Consumer Credit Council who looked at terms and conditions displayed on their website and said that, the fact that fact that The Fresh Network clearly advertised the supplements at a 98% discount, as confirmed by my email receipt from them, then went back on this deal, is seen in law as 'Intentionally misleading the public'. The second point they made is that, contrary to what the customer service advisor told me, The Fresh Network's terms and conditions state that they will fulfil all back orders and that a company simply can't change it's mind after a binding transaction has been completed, even if it's due to human error, and keep blaming computer glitches as a way of getting out of the transaction. They also fail to state in their T&C's what they consider 'acceptance'. I sent an email of complaint asking them to send the supplements which are clearly in stock but all I've had is an email from PayPal saying 'The Fresh Network have just refunded you....'-They've quickly refunded me the small amount I paid when I stated in my letter I did not want this but wanted the supplements as obviously it was such a good deal they were advertised at!

What should I do next? I'm so angry that they can take my money and send me an email confirmation stating the receipt includes my discount of 98% then not send me the products and tell me a load of baloney to try and get out of honouring the deal. It's the principle more than anything. It's not as if they were advertised at full price and I was accidentally charged at a discount-they knowingly advertised the supplements at 98% off then refuse to send them now they're back up to full price! Thanks.