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Zavvi Threatening Customers To Return Items After Accidentally Shipping Out PS Vitas



/ 3 years ago

ps vita

A few weeks ago there was a mixup in the Zavvi warehouse, instead of giving customers the copy of Tearaway for PS Vita, the company actually sent out the PS Vita handheld console. So instead of getting the £19.99 game that they pre-ordered, customers instead got a computer worth around £149.99.

Obviously Zavvi want the hardware back, but consumers aren’t so keen to give up their £19.99 games console so easy, and despite several emails asking for details on how they can collect the items, many have yet to respond (obviously).

“We are very sorry to inform you that due to an error in our warehouse we have dispatched the incorrect product.
We are contacting you in order for us to arrange a collection of the incorrect item which is on the way to you.
If possible, please keep the parcel in its original packaging ready to hand back to the courier.” read one of the emails.

“The Distance Selling Regulations are very clear on this. If you’ve been sent unsolicited goods, you are entitled to treat them as an unconditional gift and do with them as you choose. You are not required to keep them for any amount of time and you are certainly not required to pay for them. Any attempt to demand payment (by threatening means or otherwise) is unlawful.” was how many users chose to reply, citing their rights as consumers.

Zavvi aren’t going to give up that easily of course and no doubt have an eager legal team at their disposal. Zavvi have responded with a heavy hand via the following mass email (see below).

zavvi-notice

It’s a tough debate, there are rights in place to protect both the company and the consumer, but at the end of the day the customers have knowingly accepted an item they didn’t really pay the full amount for. I guess that would just be a moral issue more than anything. Personally, I think I would keep the console unopened and try to battle it out politely, if I had to return it by law, then sure I would. If I didn’t have to return it in the end, you know I’m giving it to myself for Christmas.

What would you do in this situation, do you think it is right that people should keep them? Or that Zavvi should get them back?

Thank you Darkzero for providing us with this information.

Images courtesy of Darkzero.


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  • Skidmarks

    I’d give it back (reluctantly). What if I’d ordered a $170 PS Vita and they sent me a $20 game? I’d surely kick up a stink and demand what I ordered or my money back. It works both ways

    • Wayne

      But in your favour, you ignore the issue.

      Zavvi $%&$ed me over with my Day One Edition Xbox, ended up having to buy one off eBay for a premium!

      They don’t even have a contact number anymore… Distance selling regulation is VERY clear on this kind of error.

      The VITA is now legally the customers, whether inadvertently or not.

  • Curtis Corse

    Here in the US when a company sends you something you didn’t order, you are entitled to keep it with no legal ramifications. The reason that law was created was to prevent companies from forcing people to purchase products they didn’t order.

    • Flenix

      Exactly the same law in the UK too 😉

  • Joshua Jax Jordan

    Company is SOL… THEY messed up and GAVE it to the customer… it’ their mistake and they have to eat it. If they try to take the customer to court for something GIVEN to them, mistake or not, then they’re only going to get counter sued.

    Frankly I’ve never heard of this company until today, guess I’m glad I never have.

  • Parasomnia Owns

    The customer is always right. If this company wants to last in the market they have to own up to their mistake and politely bow out, asking consumers to consider it a nice extra christmas gift.

    Any attempt to recover it by “legal remedies” is a PR mess and can potentially destroy the company. Also, according to the laws of most countries and, apparently, the laws in question, the customer is allowed to keep the console if he/she wishes to.

    Happy Holidays to those who got a PS Vita and let’s hope Zavvi gets a sense of reality before it’s too late.

    Edit: Formatting went nuts.

    • Stefan Lazerbee

      What thats so silly, if they accidently sent you it then be kind and accept that its a mistake and send it back, or it could end up costing the guy who accidently sent it his job or £199.99 to pay for it…

      • Parasomnia Owns

        Shouldn’t it cost him his job and/or money regardless, though? It was, after all, his mistake. It’s that kind of thinking/attitude that gets everyone poor customer service nowadays on many, many companies.

        Why should the costumer be forced to deal with the returns policy and go through that hassle? It’s the company’s/employee’s mistake. They should never, under any circumstances, fix it by threatening the customer with legal action for something that is ultimately not their fault.

        Silly? Maybe. But, for what it’s worth, it’s also the opinion of an attourney.

  • That guy

    I dont get why people are trying to defend the jack asses that are trying to keep what they never payed for.. The entire discussion is moot.. They did not pay for the hardware, thus they do not deserve it. Something you do not earn you do not deserve. Thats that.. So stop being cunts about it.