It's not known how many Vita consoles were sent by mistake, but at £150 a pop it has to hurt. On top of that it seems some recipients are attempting to hold back on returning the consoles - probably because they haven't completed all the levels in the games provided with the Vita to start them off.
It seems some are citing UK distance selling law that says unsolicited gifts can be kept or disposed of as you wish. Legal experts have pointed out that this almost certainly doesn't apply to genuine errors. For example, if I were to order a games console and the supplier made an error with my house number, sending it to my next door neighbour, that wouldn't qualify as an unsolicited gift to them.
However Zavvi have taken to sending those persons who have retained their Vita consoles a strongly worded letter threatening legal action if they do not return the consoles. The letter could have taken a sentence or two to explain the legal position as most of the recipients are unlikely to be legally qualified. Good luck to Zavvi if one or two are, mind. Of course I've only seen the letter demanding the return of the goods or else, and haven't seen any earlier correspondence that may have outlined the legal situation completely.
Another factor is that although it does seem that the mailing was a genuine administrative error, or cock-up as its known in the industry, to the recipients it would have appeared to be an unsolicited gift to them from their perspective. OK, Zavvi have made it clear that it was an error now but by the time some recipients found this out they may have been 90% through the first game, had scribbled all over the instruction manual and dropped the console in their cereal bowl at least twice. They may be a little dismayed to learn that the gift they never asked for, the one they treated like a freebie, has to go back. Especially if the box went out with the recycling on Tuesday too.
It's already understood that Zavvi have stated that the console can be returned at their cost, which is reasonable, but perhaps they could incentivise the return with a gift for the inconvenience. Something like a £20 game bundle, perhaps? Wrap the offer up with a letter that explains the legal position without overtly threatening otherwise loyal customers might help them resolve this quicker and with less pain. Quite what they will do with the box-less consoles with cornflakes stuck to them, though, I don't know.
Perhaps we'll see them in the January sales, due to start tomorrow or the 14th December at the latest, as slightly shop soiled.
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