The consumer watchdog group gave the company an F because it says it has failed to respond to the complaints. The BBB says Topsy Turvey’s advertising is grossly misleading and the company is not in compliance with the law's licensing or registration requirements. Ferris isn't surprised.

“Now, growing farm fresh tomatoes is as easy as 1-2-3,” says the company’s ads.

The infomercial for the Topsy Turvy tomato planter promises a great tomato crop for a bargain price.

“For a limited time, Topsy Turvy tomato plant is yours for two payments of $19.95,” the ad says.

Ferris says he got more than he wanted when he called to order a planter in late March. Using an automated system, he says he only found out how much the planter would really cost after he gave his credit card number and address.

“I assumed it was one payment of $19.95 but it was two payments plus shipping of $19.95,” he said.

Knowing he didn't want to pay nearly $60 for one planter, he hung up. He didn’t realize the order had already gone through despite having never confirmed nor finalized the credit card charge.

“Sometime in April, a package showed up at our door,” said Ferris, who lives in Strafford.

Ferris immediately sent the package back and has been waiting for a refund ever since.

“I was trying to see if you had received it or credited my account,” he asked a company representative in a recent telephone call.

The company rep said Topsy Turvy still hasn't received the package. After several phone calls and promises that a supervisor would return his call within 48 hours, Ferris has yet to find out why.

“It seemed sneaky the way they do it,” he said.

Ferris also recently found a Topsy Turvy tomato planter at Walgreen’s for just $9.99.

“I could have got 6 of these at Walgreen’s for what I got one for,” he said.

The moral of the story is don't give your credit card information until you know what your total is and that you are sure you want to make the purchase.

You also have to be careful online. On two Web sites selling the Topsy Turvy planter, both ask you to put in your credit card information and click "order now" before knowing your exact total. One of them at least warns you that clicking "order now" will result in a charge to your credit card.

A reporter tried to contact Topsy Turvy for a comment. A company representative also said a supervisor would get back to us within 48 hours. That was two weeks ago.