A few weeks ago there was a mixup in the Zavvi warehouse, instead of giving customers the copy of Tearaway for PS Vita, the company actually sent out the PS Vita handheld console. So instead of getting the £19.99 game that they pre-ordered, customers instead got a computer worth around £149.99.

Obviously Zavvi want the hardware back, but consumers aren’t so keen to give up their £19.99 games console so easy, and despite several emails asking for details on how they can collect the items, many have yet to respond (obviously).

“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.” read one of the emails. “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.” was how many users chose to reply, citing their rights as consumers.

Zavvi aren’t going to give up that easily of course and no doubt have an eager legal team at their disposal. Zavvi have responded with a heavy hand via the following mass email (see below).

It’s a tough debate, there are rights in place to protect both the company and the consumer, but at the end of the day the customers have knowingly accepted an item they didn’t really pay the full amount for. I guess that would just be a moral issue more than anything. Personally, I think I would keep the console unopened and try to battle it out politely, if I had to return it by law, then sure I would. If I didn’t have to return it in the end, you know I’m giving it to myself for Christmas.

What would you do in this situation, do you think it is right that people should keep them? Or that Zavvi should get them back?

Thank you Darkzero for providing us with this information.

Images courtesy of Darkzero.