It seems as that someone in the delivery room at the online retailer Zavvi may have messed up this week, accidentally sending out free PS Vita’s to anyone who ordered Tearaway, instead delivering the Tearaway game bundle, which includes both a PS Vita and a copy of Tearaway.
The gaming website DarkZero has since reported that the company has now contacted customers to arrange a collection of the kit before it even arrived, demanding that they now send it back.
The message sent to customers read: “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.”
However customers have cited to following in response:
“The Distance Selling Regulations are very clear on this. 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.”
Which apparently didn’t affect Zavvi as they sent the following let shortly after:
Shortly after this story went public, Eurogamer reported the following:
“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. “In any legal action the ruling is likely to be that the item should be returned because it was sent in error,” the company concluded.
The final deadline has now passed for customers to return their PlayStation Vitas. Its unknown how many remain in the wild.
Zavvi has yet to respond to Eurogamer’s repeated requests for comment.”