UK retailer Zavvi made a bit of a mistake in the past week that is going to cost it a huge amount of money. When Tearaway for the Vita was released they accidently shipped the Tearaway bundle, with a bundled PS Vita, to all the game’s pre-order customers instead of the game on its own.
With the game retailing at GBP19.99 and the bundle going for GBP169.99 there is quite some discrepancy there.
You would think however that Zavvi would simply ask for the consoles back seeing as they weren’t paid for and that is exactly what they did… however it’s not that simple.
According to the UK long distance selling laws these Vita’s now actually belong to everyone who received them, the law itself isn’t even convoluted as it simply states
“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.”
This law was probably brought in to protect people from that old scam where people mailed you goods and them demanded money for them or for you to return them, which also puts consumers out of pocket. . But what it has inadvertently done is painted Zavvi into a corner where any logical person can see this was an honest mistake but at the same time the law is the law.
It doesn’t look like Zavvi is going to take this lying down though as they recently sent these letters to those people who decided to hold onto their goods.
Honestly I’m in two minds here, on the one side the people obviously don’t deserve the Vitas and should just give them back. But on the other side I like seeing these corporates getting slapped around a bit by the consumers.
So tell me, would you give the Vita back if this happened to you?
Last Updated: December 10, 2013
Hammersteyn
December 10, 2013 at 12:36
I’d give mine to Admiral, rope him into console gaming slowly…
http://d24w6bsrhbeh9d.cloudfront.net/photo/a6wq6QL_460sa.gif
Admiral Chief of Souls
December 10, 2013 at 12:38
Hah, you are one to talk Mr Halfbreed. I KNOW WHAT YOU DO ON YOUR PC!!!
Hammersteyn
December 10, 2013 at 12:39
XD, nothing wrong with enjoying best of both worlds.
Lego Witcher of the Squirrels
December 10, 2013 at 12:44
Porn?
Unavengedavo(aka. MadeYouLook)
December 10, 2013 at 12:45
Making his own porn?
Hammersteyn
December 10, 2013 at 12:45
BINGO!
Lego Witcher of the Squirrels
December 10, 2013 at 12:46
I was close lol
Lego Witcher of the Squirrels
December 10, 2013 at 12:52
Thankfully he only sends it onto the Admiral
Unavengedavo(aka. MadeYouLook)
December 10, 2013 at 12:53
For all we know he gives the Admiral live shows!!!
Lego Witcher of the Squirrels
December 10, 2013 at 12:55
Would explain a lot about the Admiral……
Admiral Chief of Souls
December 10, 2013 at 12:58
Yes, only the BEST is good enough for me 😉
Admiral Chief of Souls
December 10, 2013 at 12:55
No one gets me as hot as Deon. He makes the BEST faptastic GIFS ever
Admiral Chief of Souls
December 10, 2013 at 12:46
No, he is FIGHTING THE VANU FILTH!!!
Lourens Jordaan
December 10, 2013 at 12:40
I’ll probably give it back cause I haven’t paid for it. I’m a bit of a dumbass that way. Funny how they are threatening them with “any and/or all legal remedies available”, according to the law the legal remedies will be no more than a rant.
Weanerdog
December 10, 2013 at 13:29
Yeah I would also probably give it back.
Sageville
December 10, 2013 at 15:11
Had they just asked for it back, I would have complied.
But, seeing as they threatened possible legal action, I’d become a douche and ignore them till they pry the thing personally from my fingers.
That’s how I roll.
Johan du Preez
December 10, 2013 at 15:25
+1 After a letter like that I will just keep it and send them a equally snotty mail back
Lourens Jordaan
December 10, 2013 at 15:44
I agree but the letter seems to be the final notice. which means that their previous (probably more polite) correspondence was already ignored.
I’ll let them know from the start that they sent me the wrong stuff and offer it back, but I really don’t think it is wrong to keep it, especially not if the law protects you….. and you ask me why I’m a dumbass….
Lego Witcher of the Squirrels
December 10, 2013 at 12:40
I’d keep it and tell them that I already sold it… hehehe… nah… I’d give it back, besides, I’d have one if I was ordering the game.
Lego Witcher of the Squirrels
December 10, 2013 at 12:50
Question though… Doesn’t Zavvi check their stock before sending it, or at least get it into their space before shipping it off? This wouldn’t have happened if they did this.
UltimateNinjaPandaDudeGuy
December 10, 2013 at 12:53
I used to use Zavvi when console games were VERY expensive here and I was very happy with the service.
Law is pretty clear though. I think people got some awesome gifts.
Kensei Seraph remembers Madiba
December 10, 2013 at 12:56
Zavvi should have turned it into a PR stunt.
Something along the lines of “As a special promotion we have gifted several of our customers who Pre-ordered Tearaway from us with a PS Vita bundle.”
They’d probably get a lot more people ordering from them hoping to receive a similiar gift.
HvR
December 10, 2013 at 13:04
Phone them before the deadline and tell them to collect 29 December 2019 at 5pm as this is the only convenient time in your very busy life.
Kensei Seraph remembers Madiba
December 10, 2013 at 13:08
“Sorry but I made a mistake. I’m actually going to be in Kazakhstan during that time, however it is still the only time I’m available.”
SargonTheGreatPandaOfAkkad
December 10, 2013 at 13:12
This clearly isn’t the first notice, but I don’t think they should be threatening to use any/all remedies available to them like they are in the letter. Especially since it appears there aren’t any? If I got this letter I’d be a little less inclined to play nice. That, or I’d deny I ever got one. 😛
“What? There was a PS Vita in that box?! Madness. And to think I just threw the entire box away after I didn’t find the game. Sorry guys.”
Kensei Seraph remembers Madiba
December 10, 2013 at 13:16
But I never even received the game I ordered let alone a PS Vita.
SargonTheGreatPandaOfAkkad
December 10, 2013 at 13:19
In actual fact, Zavvi, give me my money back for NOT sending me my game I pre ordered! You charlatans! You Capitalistic devils! You entitled self-absorbed bourgeoisie! WHERE IS MY GAME?! Instead you send me a box full of random crap I had to PAY to THROW AWAY! *insert nerd rage here
Kensei Seraph remembers Madiba
December 10, 2013 at 13:21
You know I think they sent the PS Vita & Tearaway bundle so the people got the game they ordered and the PS Vita extra.
Deano
December 10, 2013 at 13:23
All im saying is some one got fired!
Dean_12
December 10, 2013 at 13:25
If the mistake occurred on their side, that is their problem. As the law states, it is an unconditional gift. I would be keeping mine. Especially with the way they are handling this, at least organise a voucher or something!
TiMsTeR1033
December 10, 2013 at 13:51
HELL NO! Your mistake, not mine!