Complaint Review: Auralux Beauty

I paid my initial bill for T-Mobile internet service on January 6, 2015. After completing the payment a pop-up window appeared offering a choice of three (3) free gifts. I clicked on a skin care product called Auralux Snake Venom Peptide Cream - Syn-Ake. The next window claimed a FREE sample for only a shipping and handling fee of $4.95 toghether with credit card information entry boxes. The pop-up window never mentioned that Auralux has a website, nor did it direct to it. It simply allowed the credit card information to be entered and said that the product will be shipped within a business day, except on weekends. The product arrived a few days later, a tiny jar of 1 oz size. 14 days later, on January 21 Auralux charged $87.53 to my credit card which I did not find out until the credit card statment arrived on January 29th. I called the 800-number on the credit card statement and they claimed that I agreed to be part of a membership program unless I called within 14 days to cancel due to dissatisfaction with the product. I demanded written proof that I entered any contract with them to which replied that they cannot send anything, even though they had my home address. They further claimed that just by having my credit card number (that they fradulently obtained from me for shipping and handling, not for the product), I am in a contract with them becasue I "ordered" the product and the membership and they charge the "full price" of the product unless I call within 14 days of the "order". 

The main issues are the following:

1. I did not "order" any product because the credit card number was given to them exclusively for shipping and handling, the sample product was clamed to be free.

2. There was no mentiong anywthere of any obligation or contract in the pop-up window and no agreement was collected from me that I wish to become party of any agreement.

3. They claim that the "Terms and Conditions" on their web site auraluxbeauty.com spell out the detail in fine print that if I pay $4.95 for shipping and handling, I automatically agree to be part of a membership program with regular future shipments, and a full price of $87.53 will be charged unless I call tocancel within 14 days after paying the $4.95l.

4. This is true: their website, indeed, says that. The fraud is I did *not* visit the Auralux website for the free sample at all. I did *not* order a free sample though the Auralux website. It was a pop-up window that never mentioned any "terms and conditions", never made any reference to any membership or obligation or contract, and never redirected me to the Auralux website where the "terms and conditions" are posted. In other words, I was kept completely in the dark of me potentially becoming a party to any "contract" or that there will be any future charges, or that by paying the $4.95 I am entering any agreement. Had I ordered through Auralux's website, I could get into a debate whether I entered a contract. However, I have *never* seen the Auralux website, nor their "terms and conditions" until today, Jaunary 29, 2015, the day I received my credit card statement.

5. The essence of the fraud is that Auralux obtains credit card numbers fraudulently by pop-up windows advertising a free product sample for just the price of shipping and handling, while it maintains a website that has "terms and conditions" that the pop-up windows never refer to, the customer is never directed to, and thus unwary customers are conned into agreements they have no idea about. In other words, Auralux sells their product through deceptive pop-up windows that do not reveal any hidden obligations or agreements to deceived customers. As such, it is a scam and a fraud. I am also reporting them to the Better Business Bureau and to the Consumer Protection Agency. I will also demand *written* proof that I entered any "contract" with them, i.e. proof that I paid the $4.95 after I was made aware of the terms and conditions. It is not the case, the terms and conditions were never shown to me and were kept secret from me intentionally. I have also retained legal counsel.