That's exactly what they appear to be doing, and I'd be inclined to do something about it, starting with contacting their customer service department, and then going on to Nikon about it, especially since Nikon Europe's page for online dealers says this:
"We have recommended these online Nikon dealers because we feel that they offer the best service, ease of use and security."
Customers are going to assume it's the same kit with a VR lens shown on Nikon's web site (and the one you see reviewed on popular web sties and magazines), since that's the way Nikon bundles that kit, and many users don't even realize that Nikon makes a non VR version of that lens.
It may not be illegal to sell it that way. But, IMO, it's down right misleading and takes advantage of buyers that may not be reading the "fine print", assuming that a dealer recommended by Nikon isn't going to pull those kinds of stunts.