The instructions issued by the Consumer Ombudsman in summer 2014 concerning orders placed with Xellim Oü no longer apply to orders placed in autumn 2014. The reason for this is that during the autumn Xellim have made several changes to their online shopping website.
During 2014, the Consumer Ombudsman, Consumer Advisory Services and the European Consumer Centre received numerous contacts concerning orders for slimming and beauty products placed with Xellim Oü. The consumers and Xellim Oü disagreed as to whether the orders placed concerned a sample pack or a subscription for regular product deliveries.
The Consumer Ombudsman issued instructions to consumers in bulletins dated 18 June 2014 and 19 August 2014. These instructions were based on the state of the company’s marketing at the time. However, Xellim Oü operates several online shopping websites, and during autumn 2014 the company has effected several changes to them. Therefore the Consumer Ombudsman’s previous instructions are no longer valid; disputes between a consumer and the company concerning the content and price of any individual order must be evaluated on a case-by-case basis for instance on the basis of what the content of the order page was on any given date.
Because the company is based in Estonia and the matter at hand concerns individual disputes, the complaints are being centrally processed at the European Consumer Centre. The European Consumer Centre has issued the following instructions for cases where the consumer is of the opinion that he/she has only ordered a sample pack:
1. Send an e-mail with the following content to Xellim Oü and the invoicing company if different:
I have only ordered a sample pack. I have ordered no other products. On the website where I placed my order, I was given to understand that I am only ordering a sample pack.
You have sent me a new pack and an invoice. You claim that I have ordered a fixed-term subscription. In order to confirm what I am actually considered to be committed to, please send me the following information:
- the date on which I placed my order,
- the order confirmation that you sent me after I placed the order,
- the order page on which I placed my order (or a screen shot, if that web page has changed since placing the order).
2. If you are not satisfied with the explanation given, contact the European Consumer Centre by phone (tel. +358 29 505 3050, Mon to Fri 10.00–13.00) or by filling in the contact form. Also indicate whether you have already contacted the Centre earlier.
During 2014, the Consumer Ombudsman has addressed the marketing failings of Xellim Oü in various ways and required the company to change its marketing practices and its website to comply with the Consumer Protection Act. Specifically, the Consumer Ombudsman has required the company to correct the misleading impression given in marketing of the nature of the orders placed and their price. The matter remains open, because the company has not corrected all of its online materials accordingly.