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UK Retailer Mistakenly Sends PS Vitas, Threatens Legal Action To Get Them Back
New submitter Retron writes "The BBC brings news that British retailer Zavvi mistakenly sent out PlayStation Vitas to people who had preordered a game called Tearaway. The company is now threatening legal action against those who have kept theirs despite a request to return them. It's unclear whether the Distance Selling Act protects consumers who have mistakenly been sent an expensive item, and forums such as Eurogamer seem divided on the issue."
If you'd read the law, you'd see that this isn't the case. From the relevant law, which is linked to in TFA:
24.—(1) Paragraphs (2) and (3) apply if—
(a) unsolicited goods are sent to a person (“the recipient”) with a view to his acquiring them;
(b) the recipient has no reasonable cause to believe that they were sent with a view to their being acquired for the purposes of a business; and
(c) the recipient has neither agreed to acquire nor agreed to return them.
(2) The recipient may, as between himself and the sender, use, deal with or dispose of the goods as if they were an unconditional gift to him.
(3) The rights of the sender to the goods are extinguished.
Mistakes happen. They weren't expecting them so it shouldn't be too heartbreaking to return them. I'll probably get flamed for this, but you have to be one self-entitled little twerp to expect to be able to keep it. As long as Zawi pays for shipping they have every right to want them back. If you mistakenly shipped something expensive to the wrong address, would you be miffed if they refused to return it? Who wouldn't?
"I'd keep it."
In the U.S., if you receive merchandise you did not order, there are several rules that apply. I believe these are probably the most relevant:
A) You can keep it, unless (or until) the provider requests that you return it.
B) If whoever sent it to you does request its return, they are liable for the shipping cost, and you can charge a "reasonable" storage and maintenance fees for the product while it was in your custody.
Anything you didn't ask for is unsolicited by definition.
dumb ass.
This is literally why I come to Slashdot. Nothing warms my heart like an unsolicited insult. I'm all smiling inside.
"First they came for the slanderers and i said nothing."
Q. What should I do if the unordered merchandise I received was the result of an honest shipping error?
A. Write the seller and offer to return the merchandise, provided the seller pays for postage and handling. Give the seller a specific and reasonable amount of time (say 30 days) to pick up the merchandise or arrange to have it returned at no expense to you. Tell the seller that you reserve the right to keep the merchandise or dispose of it after the specified time has passed.
Keeping something you know belongs to someone else is theft.
No. I bill my time at $200 per hour. Someone wants me to spend half an hour fixing their logistics error, for free? And involuntarily?
I'd keep it.
But what is the *right* thing to do? Legal issues aside, if somebody sends me something by mistake, then asks for it back, they are getting it back because that's what I would want them to do if I sent them something by mistake.
"File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
"You just contradicted yourself. It is unsolicited merchandise precisely because you solicited something else."
If you take it literally, yes. But you are being too literal.
The U.S. law about "unsolicited merchandise", is a law against somebody sending you something you hadn't asked for, then trying to force you to pay for it. It is considered to be a form of "unfair" trade practice.
But the law only applies if somebody is doing it on purpose. Mistakes are not "unfair trade practices". Sending you something other than what you DID ask for, if it is a mistake, is not an intent to defraud you and so the unsolicited merchandise law does not apply. You see?
Exactly. I never understood people who exploit obvious bugs/mistakes and then get all indignant when a company refuses to "honor" their exploit. It's just a complete lack of some basic moral compass.
I'd imagine these sorts of people would also say "cool, I was owed $10 and accidentally got back $30 in change, my lucky day!" instead of "hey, looks like you gave me too much change, here, wouldn't want you to get in trouble!"
Then again, there is only so far one can go. I was once delivered a different dresser from one I ordered (one that cost about 3x and was much nicer in every way). I called and left two messages explaining this, but never got a response. Fine with me!
If it seems like an honest mistake, I send it back. I've been sent the wrong order by amazon twice, and I contact them, arrange to get paid for shipping and send it back. My personal honesty and integrity are more important than a few dollars.
If I'm sent something out of the blue I did not order with an invoice I will keep it and ignore the invoice as this is a scam.
I was shocked that people would post in public that they are dishonest - and brag about it.
Cultivate virtue for a better life, and a better world.
Anarchists never rule