Music and entertainment site Zavvi has threatened to sue shoppers who were mistakenly sent a PlayStation Vita bundle which they did not order.
The customers involved in the gaffe ordered a £19.99 copy of Vita game Tearaway but were instead sent a £149.99 bundle offer including the Tearaway game and the recently released handheld console.
Zavvi’s initial response was to send a series emails demanding its customers organise the return of the console and the rest of the bundle, including the game.
An email from Zavvi, and originally reported on gaming site DarkZero.co.uk, read: ‘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,’ said the company, which is owned by e-commerce group The Hut.
But the emails became increasingly threatening. By Tuesday it had issued a ‘final notice’ and a legal warning demanding customers contact them by 5pm to arrange for collection by a courier.
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) today, 10th December, to arrange a convenient time for the PS Vita to be collected we researve the right to enforce any and/or all legal remedies available to us,’ Zavvi wrote to its shoppers, adding that it had tried to contact customers on 'numerous occasions'.
Distance Selling Regulations on the matter initially appear contradictory.
Consumer advice website What Consumer states: ‘’If you have been sent unsolicited goods, you are entitled to treat them as an unconditional gift and do with them as you chose’.
It continues: ‘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.’
However, Citizens Advice Bureau clarifies the situation and suggests that, where an order is sent 'by mistake' or the wrong item sent, then shoppers must return them. Comments from consumer advice organisation Which? appear to confirm that view.
Comments on gaming websites were split between those that believed that a failure to return the goods was 'pure thievery' and many others that were disappointed by the companies heavy-handed response.
'I don't deny that they are within reason to get back those Vitas, as they were clearly sent out in error. However, I've described them as scumbags on the basis of the using the 'law' as a justification for the threatening tone of the letter,'
One e-commerce source told us: 'This is a huge missed opportunity for Zavvi who could have easily taken the upper hand, incentivised customers to return the products and put it all down as a marketing expense. Instead they have disgruntled customers annoyed at the inconvenience caused and who are not prepared to inconvenience themselves further to rectify the companies mistake.'
The source continued: 'Zavvi maybe within their rights legally but this episode has damaged the brand amongst a community of people who are very plugged in and who are not likely to appreciate the heavy 'corporate' stance Zavvi has adopted over this.'
A comment on Eurogamer.net by Lawrence83 said: 'You would think they would try and remedy the situation with a free gift to say thanks. Obviously most people who bought this have a PSVITA already so probably aren't that interested in a 2nd. It seems like an honest mistake. Surely, it would be easier for Zavvi just to say if you send it back, we'll give you the choice of a number of games to pick for free to say thanks. Not, "S***, we made a mistake. Make it good or we'll sue!'
Another suggested an even simpler solution: offering to send the original Tearaway order for free once the PS Vita bundle was returned.
It is understood that most of the consoles have been returned but it is not clear how many were originally sent out.
But one customer, beakbeak, complained on Polygon.com: 'I am one of the people who got sent a vita instead of the game. I have been in touch with them a few times and they have only replied with automated threats. I told them I was happy for them to pick it up any time between 9:30 and 9:35 on Saturday morning but yet again, more threats of legal action.'
'The best bit is that at no point have they mentioned anything about refunding me the money for the game I haven’t received! It’s all just “give me the psvita now!”.'
'I am a genuinely honest person and have never stolen anything but the way they are acting has seriously made me feel pretty under-appreciated as a long standing customer. I am happy for them to try and sue me at this point as I’m pretty sure there’s nothing much they can do about any of this.'
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