The title to this post probably doesn’t make much sense, but neither does the situation it describes. Due to an “error in [their] warehouse” online retailer Zavvi sent a bunch of customers the PS Vita Tearaway bundle who had in fact only purchased the game. In other words, customers paid about $40 (give or take) for the PS Vita game Tearaway and were instead given a bundle that included the $200 portable console.
“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.”
Now, after several attempts to reacquire the accidentally shipped bundles Zavvi is threatening legal action for those who did not comply.
However, customers that received the bundle are fighting back thanks to the Distance Selling Regulations. It’s a consumer law that entitles any who receive unsolicited goods to “treat them as an unconditional gift and do with them as [they] choose.” Of course, that is why Zavvi is threatening the refusals with legal action, saying they will “enforce any and/or all legal remedies available.”
To recap, Zavvi screwed up and is now threatening those who were affected. Adversely, instead of being honest and returning the bundles some of the folks lucky enough to receive them have elected to keep them. It seems both parties are in the wrong here.
Personally, I would be lying if I said I wouldn’t keep the bundle had it happened to me. What about you? What would you do in that situation? Do you think Zavvi is in the wrong here, or the customers that received the Vita bundle?