Fly Babies Aviary; Fly Babies 123; Alan and Linda, False advertisement! I ordered a specific item but received another. Seller will not resolve problem. Valrico Florida

On November 2, 2014, I contacted Fly Babies through birdsnow.com, about a purchasing a specific bird. The owner said she was available. Through a series of emails and phone calls, I decided I would purchase her. I sent a money order to which the owner received and cashed. We continued emailing back and forth for a period totaling three weeks before the bird arrived. During this time, I made several requests about the care of the bird, sometimes reiterating the specific bird I was requesting, and her likes and comforts, all to which he sometimes did not answer or was very vague. The night before the bird arrived, I asked if he would please let me know when he was planning to send the bird so I could coordinate my schedule accordingly. He said he would. However, I received a phone call the next morning from the Post Office stating that my bird was there. (He did not notify me he sent the bird.) When I opened the package, it was the wrong bird. I immediately called and let him know there was some mistake. He asked that I email him the information. I did. His response was, in a nutshell, he no longer had the bird I wanted, too bad, hope I enjoy the one he sent. (I found out later that he actually did not have the bird I was ordering in the first place. A majority of the pictures he advertises as being the birds he is selling, are not of actual birds he owns, but professional photos he uses, falsely implying these are the birds he would be selling to the consumer.) When I contested the decision he made to substitute a bird without consulting me first , that no time in the three weeks of communication did he mention he no longer had the one I ordered and that he willfully took the money for an item which he could not produce, he still said "too bad." I have pointed out that there are no disclaimers on his website or facebook page that he has the right to substitute nor that he does not guarantee the product he "sold" to be the one that is received. I have tried resolving this issue a multiple of times to which he refuses to answer my emails or phone calls. I am very disappointed that this was an issue that the seller deceptively sold me a bird that he did not have in his possession.  He took my money and did not send what I purchased.  He does not have a disclaimer that he will make substitutions as he chooses, and has the right to continue with the purchase if he cannot produce the item he is selling. He completed a purchase under false pretenses. 

In the past four weeks that I have been trying to get this problem resolved, I have come in contact with three other people who have had similarly bad experiences and to which only one did he partially resolve. (In my contact with these people, I have found out that he also apparently does not guarantee the sex of the bird because the babies he sells are too young to tell, even though he specifically advertises a certain gender. [i.e. The gender of the bird I ordered was listed as female, but according to the owner, even though he does not state anywhere on his web page or facebook page, he does not guarantee the gender. Again, false advertisement.])

I wholeheartedly believe Fly Babies is a farse. They are selling birds under pretenses and falsehoods.  They are making claims which they can not back.