Empire today LLC doesn't deliver Islandia, New York

I placed an order on 3/13/13.  I left 11 messages for the sales rep because of concerns with the order.  I never received a call back.  I call Empire to confirm the order and delivery date.  I was told the order wasn't compleated in the computer but Empire would contact the salesman, Ken Kaye.  I didn't get a call back so I called the co. on 3/18/12.  I spoke to Mea.  She stated that the ordered wasn't complete yet but she would call me back.  On Thur. 3/19/12 mea left a message on my machine (I still have the message) confirming delivery on the 21rst.  On Sat. 3/21 I called Empire and was told thatvthere wasn't any delivery scheduled because the ordered wasn't complete.  I spoke to jason and he stated I couldn't get a refund of my deposit until the order was completely entered in the computer.  I will contact the NYS Dept of comsumer affairs to see if this is considered deceptive business practises.