Zavvi send out consoles in error and then threaten everyone with legal action

11 December 2013

ps-vita Zavvi have accidentally sent some customers a free PlayStation Vita and have started playing nasty in a bid to get them back.

Some customers pre-ordered a game called Tearaway and instead of receiving the game, they were sent a Tearaway PlayStation Vita bundle, so they got the hardware for nothing! Realising they'd made an error, instead of simply accepting they'd messed-up or tried to turn it into PR gold, Zavvi asked for everything to be sent back.

Rightly, no-one wanted to give up their nice new PS Vita and our rights back it up. As we all know, if you receive unsolicited goods, you are entitled to treat them as an unconditional gift. If you want to keep them, there's nothing stopping you.

Those who kept their unconditional gifts soon got more letters from Zavvi, with a 'final notice' which read: "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."

There's a scan of the letter over at Eurogamer.

Imagine if, instead, Zavvi said "we cocked this all up, but instead of throwing our weight around, we decided to let some customers have an early Christmas present because we're nice like that", rather than looking for all the world like a mean-spirited Scrooge. Zavvi are getting the most press they've had, and sadly for them, it is wholly negative.

Well done to all concerned.

TOPICS:   Games   Consumer Advice


  • Jerry
    Zavvi ?? I didn't even know they exist ! There are other webpages / online companies apart from Google, Facebook and Amazon ?
  • Alexis
    The problem is there is a difference between 'unsolicited goods' and goods received as a result of a contract. It depends whether they got a Vita AND a copy of Tearaway. But I think they just got a copy of the console, so would be best writing back and saying "send me the game and I'll send you back the console".
  • Dick
    Sit and let them take all the legal action they can.
  • Dionaeamuscipula
    From Citizen's Advice: "The Consumer Protection (Distance Selling) Regulations say you have a right to keep goods delivered to you that you didn’t ask for. 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." Zavvi have made a mistake, so they are not unsolicited goods so no, you are not entitled to keep them. More excellent consumer advice there from Britain's top consumer website.
  • jim
    Zavvi have always been a bit scabby. I ordered something through a deal (buy some shitty clothes item and get 50% off games) with them and they took the money and then only sent me the clothes item and refunded me for the games. Took ages to get my money back for the shorts I didn't even want and they were completely unapologetic through the whole ordeal.
  • noshit
    Aye, I hate Zavvi.
  • Mick T.
    Zavvi have to collect the goods back at their expense and at your convenience. But they are entitled to the goods back as they were part of a contracted sale, not unsolicited. If the receiver of the goods advised Zavvi of their error and Zavvi failed to collect the goods then you could legally keep them.
  • Chewbacca
    Zambia are well known for selling fakes, 2nd hand/damaged goods as new etc. Are we really surprised by this? What does surprise me is that a mouthpiece for a well known deals site dares criticise zavvi, as I'm sure a few of us remember the zavvi feedback thread that the mods on there basically tried to bury. Then again, they sporadically try to ip ban me as well. Lulz. The fucking morons.
  • Chewbacca
    ^and before any smart arse wanker tries to correct me, Zambia was an erroneous autocorrect. You wankers.
  • The D.
    @chewbacca The only correction you need is your foul language.....Potty mouth!!
  • Chewbacca
    ^Oh fuck off, you fucking paedo.
  • Grammar N.
    Good advice. Shame it's wrong.
  • The D.
    @chewbacca paedo? what's that? a spanish dish you like to eat? better get back to your Bernard Manning collection for some new profanities...Potty Mouth....
  • Dick T.
    What's that Zavvi? A PS Vita you say? No, I never received one...
  • Profanity P.
    Now Now!!! that's enough of the foul language!! Pack that in or i'll call your mothers...Potty mouths!!!
  • shiftynifty
    Lol...Karma always come back...they are part of that shit chain The Hut....who I ordered some gear off...took my money, and for months said it was either being despatched or not in stock....Glad to see they have been tucked up...and any moralising twats that reply...Fuck off
  • Data l.
    Ha ha ha. I wonder how many they sent out?
  • Chewbacca's m.
    ^ loads I hope. Fuck em. And Profanity Police, don't you know Chewbacca's mum is dead. (It's me)
  • Chewbacca
    ^well, that makes no sense. You fucking hepatitis infected moron.
  • Profanity P.
    @chewbacca: if your mothers dead, then i'll inform your gran....(the cause of my hepatitus infection)..but foul language will not be tolerated!!!
  • DragonChris
    Back on topic ladies: "The Consumer Protection (Distance Selling) Regulations say you have a right to keep goods delivered to you that you didn’t ask for. 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.” Can someone explain the difference between receiving goods you didn't ask for vs being sent goods by mistake? In my mind, they're one and the same.
  • Grammar N.
    @ DragonChris. If you enter into a contract with someone for them to supply goods, but they supply the wrong goods then you have to return them. If someone sends you something out of the blue, without you having contracted with them, then you do not have to return them. Pretty simple really.
  • samuri
    never shopped with zavvi and now never will thanx you lot for the heads up :)
  • James E.
    @ Grammar Nazi, well then surely it depends what it says on the delivery note, if it says the game then yes you have to send it back. If it says the console then the game has not been delivered so you can request a refund for the cost of the game as they send the console 'out of the blue' and you're still waiting for the game.
  • jo
    The post doesnt specify how many customers were affected but I presume a fair amount. It's unlikely there will be any legal means to get the items back. The customers might not even live at the same address anymore so sending threats to their address is pointless. The customer could also just say no they didnt receive the console, they received the game they ordered and Zavvi would not be able to prove otherwise. Unless perhaps they had evidence of the weight of the parcel upon delivery. There is no advantage to the customers for returning the devices, so its not surprising they are reluctant to do so. They should probably offer some sort of incentive to send the consoles back rather than sending threats. A £50 voucher and an apology would probably go down a lot better. I think those affected should keep the console to and consider it an early xmas gift for being such a great customer. As for Zavvi, they have learned an expensive lesson.
  • fuqstix
    'As we all know, if you receive unsolicited goods, you are entitled to treat them as an unconditional gift. If you want to keep them, there’s nothing stopping you.' Absolute drivel....I mean seriously who wrote this....I mean....just WOT? 1. this is not unsolicited goods, this is just an incorrect item being shipped in a scheduled order. 2. I believe the 'unconditional gift' applies after SIX MONTHS. 3. if they send a courier or agent round to pick it up in that time, you have to return it. Failure to do so is theft. Excellent advice from WitterBallet, as usual.
  • Graham L.
    Zavvi are pretty naff in the PR Department. I have stopped buying from them after a long delayed refund.
  • jim
    Posted by Dick Turpentine • December 11, 2013 at 2:32 pm What’s that Zavvi? A PS Vita you say? No, I never received one… Correct answer, surely?

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