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Posted

Zavvi threatens customers with legal action after accidentally sending free Vitas

 

 

Online retailer Zavvi has warned it may take legal action against customers who were mistakenly sent a PlayStation Vita.

 

A number of customers who ordered a £19.99 copy of Vita game Tearaway were instead sent a PlayStation Vita and Tearaway bundle - which retails for £149.99.

 

After realising its mistake, Zavvi emailed those affected to inform them of the error - and ask that they give up the entire package to send it back.

 

"We are very sorry to inform you that due to an error in our warehouse we have dispatched the incorrect product," an initial email said (posted online by Darkzero).

 

"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."

 

Zavvi has now sent out a "final notice" to customers regarding the issue and stated that anyone affected must contact them by 5pm UK time today, 10th December, to arrange a courier to pick the item up.

 

"This is our final notice to politely remind you that you did not order, or pay for, a PS Vita and if you fail to contact us by 5pm (UK time) on 10th December 2013 to arrange a convenient time for the PS Vita to be collected we reserve the right to enforce any and/or all legal remedies available to us," Zavvi wrote.

 

"Please email [email protected] with the correct collection details. We look forward to hearing from you shortly."

 

But customers do not necessarily have a legal obligation to return items sent to them in error.

 

Consumer advice website What Consumer states that, according to the Distance Selling Regulations: "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."

 

The Citizen's Advice website suggests the situation is something of a grey area, however.

 

"The Consumer Protection (Distance Selling) Regulations say you have a right to keep goods delivered to you that you didn't ask for," the site states - suggesting that anything specifically sent to you may be kept. But the following paragraphs muddy the issue.

 

"But if goods are sent to you by mistake, you need to contact whoever sent them to let them know and ask them to collect the goods. You might get goods sent by mistake if they are meant for someone else or you've been sent duplicate or extra items on top of what you ordered.

 

"If you receive goods you have not ordered and which haven't been sent by mistake, you can treat the goods as an unconditional gift and you can do what you want with them."

 

Eurogamer is seeking advice from a consumer lawyer on the specifics of this case - we'll update when we have more information.

 

Zavvi has yet to respond to Eurogamer's request for comment.

 

http://www.eurogamer.net/articles/2013-12-10-zavvi-threatens-customers-with-legal-action-after-accidentally-sending-free-vitas

Posted

I say free Vita's for all from Zavvi :p they might as well just re-issue a statement saying that they will not be asking for the mistakenly sent goods back so customers can think of them as an early Christmas present from Zavvi, surely that's the best cause of action? ::shrug:

 

It's relatively cheap good PR for them instead of them getting yet more bad press, personally the last time I ordered from Zavvi recently I received a pre-ordered Blu Ray boxset from them on the morning of its day of release so I don't have a problem with them but I know that in the past they haven't exactly been renown for being the best online retailer. :indeed:

Posted (edited)

I think Zavvi are legally right to ask for them back (actually, the customer should be telling Zavvi), but threatening action is just the wrong wrong way to do so (form a PR standpoint). They should have either just accepted the loss or given an incentive - like sending them a copy of Tearaway (as they ordered) and giving them a full refund.

 

Edit: Witch? responded to Eurogamer

 

Consumer watchdog Which? has told Eurogamer that it believes customers will have to return the PlayStation Vita consoles sent in error by Zavvi.

 

"If a consumer has received goods by mistake then they are not legally entitled to keep them," a Which? spokesperson explained, contradicting some of the advice offered below from other sources.

 

And, should Zavvi follow through on its threat and sue customers, Which? believes that a UK court may actually side with the retailer.

Edited by Cube
Posted

Anyone sitting on the fence about whether to get a Vita like @Jimbob, a really good deal just opened up:

 

PlayStation Vita Wifi and 3G + 16GB Memory Card + 10 Games for £140

 

 

Games:

 

LittleBigPlanet PS Vita

WipeOut 2048

MotorStorm RC

Little Deviants

Frobisher Says! With Frobisher Says! Fun pack

Ecolibrium with Ecolibrium Bronze, Silver, Gold and Platinum game packs

Ratchet and Clank Size Matters (PSP game)

Lemmings

Hungry Giraffe

Rotating Octopus

 

Sold via ShopTo on Play.com. Don't forget Topcashback.

 

 

Really good deal considering it's a 16GB card in the bundle.

Posted

What is less easy to find is a decent bloody case that's in stock.

 

Considering this as it seems okay, but concerns over the clip. I won't be taking it with me too often, but still want it secure.

Posted
What is less easy to find is a decent bloody case that's in stock.

 

I got one of these when I got the launch Vita - it's a tad pricier but is a chunky fucker and will probably protect your Vita from a nuclear explosion

 

funda-de-transporte-spf-case-ps-vita-1.jpg?osCsid=qdcp29nj7qv62v66kotlkppg55

 

Link - click me!

Posted
What is less easy to find is a decent bloody case that's in stock.

 

Considering this as it seems okay, but concerns over the clip. I won't be taking it with me too often, but still want it secure.

 

That's the one I have, I got it pretty much because of the reviews. It's good and the clasp is fine (never had an issue with it) but I rather wish I'd got a lighter case now. The big heavy hard cases are just a bit overkill really. Although it's good how well it fits and protects it.

 

In hindsight I'd probably have bought this, although I'm not sure this was listed / well reviewed when I bought my case.

Posted
That's a damn good deal for a Vita, it's tempting me to buy it.

 

Do eeet...

 

Not to pile on any pressure, but those 'ShopTo on Play.com' deals are always 1 day only things.

Posted (edited)
Do eeet...

 

Not to pile on any pressure, but those 'ShopTo on Play.com' deals are always 1 day only things.

 

Yeah, i am trying to pay off a credit card at the moment. But with my job ending in March, and i get a huge pay-off of something around £3k i can clear it then.

 

You know what, sod it may as well. Can't miss out on that sort of a deal, especially when pre-owned Vita's are £100 in stores.

 

Edit: And now the site doesn't work. Damn.

 

Edit 2: And, it's processing in the warehouse.

Edited by Jimbob
Posted
Yeah, i am trying to pay off a credit card at the moment. But with my job ending in March, and i get a huge pay-off of something around £3k i can clear it then.

 

You know what, sod it may as well. Can't miss out on that sort of a deal, especially when pre-owned Vita's are £100 in stores.

 

Edit: And now the site doesn't work. Damn.

 

It still works for me! Maybe try this again:

 

 

http://www.play.com/Games/PSP/4-/54911110/PlayStation-Vita-Console-Bundle-Mega-Pack-Voucher-16GB-Memory-Card-Wi-Fi-3G-10-Games/Product.html?searchstring=vita+16gb&searchsource=0&searchtype=allproducts&urlrefer=search'>http://www.play.com/Games/PSP/4-/54911110/PlayStation-Vita-Console-Bundle-Mega-Pack-Voucher-16GB-Memory-Card-Wi-Fi-3G-10-Games/Product.html?searchstring=vita+16gb&searchsource=0&searchtype=allproducts&urlrefer=search

 

If not then navigate to http://www.play.com and search for 'vita 16gb'

 

It was the fourth link for me (the one listed as £139.99). Pick up Persona 4 Golden and Tearaway at some point and this won't disappoint!

Posted

No announcements yet, but it does look like the OLED models are being shifted cheap to make way. I think I read somewhere that you could find the PCH-2000 tech info in English on the Sony site somewhere indicating that a western release is on the books. Probably on the system's 2 year anniversary in Feb.

 

Happy to keep my lovely OLED screen anyway :D

Posted

Yeah that's what I'm thinking, if I'm going to get a Vita I'd want it to be the OLED model, so just wondered how much time I might have. Looks like it might be a while yet, so hopefully I can get/afford one early next year.

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