Complaint Review: Bottom Two Investments Super Foods 12

I ordered the "free trial" of Super Foods 12 for $4.95, which was debited from my account on 12/5/08. Then, on 12/22/08 another debit from Bottom Two Investments appeared on my account in the amount of $74.45. A couple of days later another bottle arrived in the mail, so I realized they had tricked me into some auto ship deal.

I called Bottom Two Investments twice and only reached voicemail. On the third attempt, I reached a customer service rep and I told her that I did not authorize this order. She informed me that I did authorize it when I ordered the free trial. I asked her to show me where I authorized it and she gave me a website: www.superfoods12.com.

It is clearly stated on this website that you are agreeing to a monthly charge when you order the free trial. However, I told her this does not look like the website I ordered from and I would not have missed such a notice. I asked her if they had any other websites or if they redirected and she said "no." I went back to my PC to try to locate where I had ordered from and it is indeed a different website: http://secure1.healthierwaytogo.com/landings/newplanet/superfood01

This website does not have the same obvious posting as the website that the customer service rep sent me to. It has a Terms and Conditions link that consumers are likely to bypass, which I presume is what the company is hoping for. These links tend to say the same things about copyright protections, legalities, and such in regards to the actual website. But, this is where this company posts their policy about you being signed up for monthly auto ship when you order a free trial and no returns, etc.

This is deceptive trap and is not obvious to consumers. This comany cannot reasonably expect everyone who orders the "free trial" to click on a link that opens another window to find out that they have given permission to have more money removed from their account. Who on earth signs a contract or does business in such a manner?

You only have 14 days from the day you order the free trial to cancel. They send the first bottle AFTER the 14 days are over, so if you don't know that you agreed to the monthly auto ship in the first place, you are stuck. They do not accept returns, so they are guaranteed to get you for at least $75. If they do this to enough people, I guess they can have a steady stream of income.

Beware: If you do not cancel with the company and get a confirmation number from them, they have a negative option clause. This means that if you cancel with your bank or cancel your debit card without cancelling directly with Bottom Two Investments, they can still hold you liable for paying them. Your bank may even have to comply with giving them information. One has to wonder why a company has to work so hard to make sure you pay them if they have a good product and are dealing with consumers legitimately?

Since when do consumers need to read long contracts and search entire websites with a lawerly eye just to order a bottle of supplements? And these companies are getting very clever about making themselves appear to be acting legitimately and covering all of their bases. After all, everything they told me on the phone was exactly what their policy states. The problem is that their policy is hidden because they know that most people would never agree to it.

I have cancelled with Bottom Two Investments, filed a claim with my bank, and cancelled my debit card. I plan to take some other measures to try to recover my 75 dollars. This is an inconvenience and waste of my time, but I am angry and tired of these companies posing as legitimate operations and then pretending it is your fault that you didn't know what you agreed to.

A sidenote, not of great import with a company of questionable business practices, but worth a mention: their customer service reps. The one I dealt with wound up hanging up on me when I told her that I did not want the order and I was going to send it back and contact my bank. She said "You ordered it and we're not taking it back." Do legitimate companies who don't want to comply with returns or deal with unhappy customers typically tell them too bad and end the call? Apparently, there is no shortage of finding employees to work in unethical companies.

Christine
New York, New York
U.S.A.