Zavvi threatens shoppers after accidental PS Vita deliveries - Polidicks

[QUOTE]Online retailer Zavvi has warned customers to whom it accidentally sent a video games console that they could face legal action if they have not arranged the machines' return. The UK firm mistakenly delivered PlayStation Vitas to shoppers who had ordered a £20 game released last month. It subsequently warned those who did not voluntarily return them that it might take "legal remedies". One expert warned the move could damage its brand. News of the issue was first covered by the games blog Dark Zero. It published a "final notice" letter sent to one Zavvi customer who had originally ordered a copy of the platform game Tearaway. "As you are aware, as a result of a technical error, you were not sent Tearaway (priced at approximately £19.99) and instead were sent a PS Vita (priced at approximately £169.99). This was an error on our part and we apologise for any inconvenience this has caused you," it said[/QUOTE] [url]http://www.bbc.co.uk/news/technology-25330615[/url]

seller beware :v:

Would something like this fall under "unsolicited mail" (which you can usually keep without any legal repercussion), or does it change things when the mail is solicited but wrong

According to my brother who's both worked retail and at a webshop, the consumers can legally keep the devices. Zavvi is just blowing out hot air, which funnily enough THEY can be sued for.

why cant I be lucky and receive a $20 game system.

I think PS Vitas are going for about £20 from some places these days anyway.

[QUOTE=Zeke129;43145865]Would something like this fall under "unsolicited mail" (which you can usually keep without any legal repercussion), or does it change things when the mail is solicited but wrong[/QUOTE] [QUOTE=O Cheerios O;43145951]According to my brother who's both worked retail and at a webshop, the consumers can legally keep the devices. Zavvi is just blowing out hot air, which funnily enough THEY can be sued for.[/QUOTE] I'm pretty sure you're only supposed to be able to keep it if you weren't expecting anything, which classifies it as an unsolicited gift. [editline]11th December 2013[/editline] [QUOTE]Although they state that "unsolicited goods" can be treated as unconditional gifts that do not need to be returned, and that it is illegal for the sender to threaten legal action - the legislation they are based adds the qualification that this only applies if there was no [B]"prior request made by or on behalf of the recipient"[/B].[/QUOTE] From the article.

I like shopping on zavvi but fuck me, their customer service is the worst I have ever experienced in my entire life. I always hope that everything goes right with the delivery so I don't have to contact them.

Oh okay so, for the hundreds or maybe thousands of people who may of bought it and got a Vita instead, so now you are going to sue them for more than its worth?

Gonna quote myself from the News Node thread for a moment. I feel it's a bit unfair to call Zavvi pricks for this considering how they send that letter AFTER they've tried contacting you SEVERAL times. Besides, they'll take P&P for returning it, they'll arrange a date with you to pick it up and yet you still insist on keeping it/reselling it? This isn't Zavvi being dicks, this is you being an ass.

[QUOTE=Sir Whoopsalot;43146138]Gonna quote myself from the News Node thread for a moment. I feel it's a bit unfair to call Zavvi pricks for this considering how they send that letter AFTER they've tried contacting you SEVERAL times. Besides, they'll take P&P for returning it, they'll arrange a date with you to pick it up and yet you still insist on keeping it/reselling it? This isn't Zavvi being dicks, this is you being an ass.[/QUOTE] Trying to strong-arm people with legal action threats is a dick move, they made a mistake and that is nobody's fault but theirs.

Yeah this is going to be a PR nightmare They should have asked people to send them back in exchange for a gift certificate or something, tons of people wouldn't but I bet they'd get lots back as well

[QUOTE=Uzbekistan;43146254]Trying to strong-arm people with legal action threats is a dick move, they made a mistake and that is nobody's fault but theirs.[/QUOTE] They've asked regularly more than a few times, how are they supposed to get their goods back if those are ignored?

[QUOTE=Sir Whoopsalot;43146317]They've asked regularly more than a few times, how are they supposed to get their goods back if those are ignored?[/QUOTE] Accept their mistake, the people they sent them to have no legal obligation, sure, they'd be being a dick to not send it back, but being a dick to stop someone being a dick still makes you a dick, you dig?

Merry Christmas, everyone.

[QUOTE=Uzbekistan;43146381]Accept their mistake, the people they sent them to have no legal obligation, sure, they'd be being a dick to not send it back, but being a dick to stop someone being a dick still makes you a dick, you dig?[/QUOTE] Of course they have a legal obligation to send them back. Even the article states that it would be illegal for them to request it back if it were a gift, however it is not classified as such. [editline]12th December 2013[/editline] [quote=BBC]Although they state that "unsolicited goods" can be treated as unconditional gifts that do not need to be returned, and that it is illegal for the sender to threaten legal action - the legislation they are based adds the qualification that this only applies if there was no "prior request made by or on behalf of the recipient". In the case of orders that were made but mixed up, the Citizens Advice Bureau suggests consumers should indeed return the items. "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," it says on its website. "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."[/quote]

[QUOTE=DogGunn;43146531]Of course they have a legal obligation to send them back. Even the article states that it would be illegal for them to request it back if it were a gift, however it is not classified as such. [editline]12th December 2013[/editline][/QUOTE] reading that it seems that zavvi has to go get them, its not up to the customer to find a way to return it, its up to zavvi to find a way to get it back to them

[QUOTE=viperfan7;43148769]reading that it seems that zavvi has to go get them, its not up to the customer to find a way to return it, its up to zavvi to find a way to get it back to them[/QUOTE] They already said that Zavvi will take care of P&P and will arrange a pick-up date with the costumer.

[QUOTE=Sir Whoopsalot;43148802]They already said that Zavvi will take care of P&P and will arrange a pick-up date with the costumer.[/QUOTE] Then there we have it

[QUOTE=Uzbekistan;43146381]Accept their mistake, the people they sent them to have no legal obligation, sure, they'd be being a dick to not send it back, but being a dick to stop someone being a dick still makes you a dick, you dig?[/QUOTE] Thats a lot of dicks.

[QUOTE=Uzbekistan;43146381]Accept their mistake, the people they sent them to have no legal obligation, sure, they'd be being a dick to not send it back, but being a dick to stop someone being a dick still makes you a dick, you dig?[/QUOTE] You know that if you make a mistake you can still request it back and if said request is not followed up on can demand it back with a suit.

"I never got it" wouldn't work would it? It isn't notarized / signed mail I assume.

Probably true, but maybe "I actually got the game not the vita" and go buy the game from a store, take a picture and send it to them (since you want the game anyway) Also, what does the law say if multiple people live in the same house but only one of the people dealing with the company, if it went to the guy who is not dealing with the company in the house, not the guy who ordered the game, would that class as a gift since the person that has it didn't do a order?