UK retailer Zavvi has reportedly threatened to take legal action against some customers after it mistakenly sent them free PlayStation Vita consoles.
The bungle took place in October where the company sent out the £169.99 (approximately $280) Tearaway Vita bundle to customers who had only preordered the £19.99 ($32) game. Once the retailer realized its mistake, it promptly asked the users to send the bundle back.
According to Darkzero, the initial e-mail sent by the company was the following: “We are very sorry to inform you that due to an error in our warehouse we have dispatched the incorrect product.”
However, the customers decided not to return the freebies and in turn Zavvi is now threatening them with legal action. A “final notice” was issued to the respective parties this week saying that if they do not return the bundles by 17:00 GMT today, the consequences would be dire.
“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,” wrote the company.
“Please email firstname.lastname@example.org with the correct collection details. We look forward to hearing from you shortly.”
In response some customers have decided to call out the retailer, saying that its threat is unlawful.
“The Distance Selling Regulations are very clear on this.” one consumer wrote. “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.”
We’ll know tomorrow if Zavvi decides to act on its threat.
Source: Dark Zero