Zavvi Sent Free Vitas By Mistake, Threatens Legal Action

[Flunk]

I'm surprised more people didn't contact Zavvi as soon as these Vitas arrived. The first thing I would do is contact the sender if I received anything more than a small promotional item I didn't order without any sort of explanation.

People make mistakes, it doesn't mean you get to rip them off. I imagine that the remaining miscreants will end up charged for the Vitas. I think they've already satisfied the notice requirement to charge them with the last note listed in the article.

Since when did morality disappear?

 

[drthmik]

I've seen several people compare this to accidentally leaving your wallet someplace and having someone claim it as their own
but this case is nothing like that at all
rather it is like placing a new wallet (still in it's store packaging) along with some gift cards (but no ID cards or anything else personal) into a box, taping it up, and addressing it to someone and sending it off in the mail. Then asking for it back claiming that it was a mistake.

and the people claiming that the case is clear need to think about it more

while the company thinks that it is clear that this is a mistake and they are in the right to demand their product back
at the same time the customers think that they are in the right to assume that it was an unsolicited gift and therefore legally theirs (which makes the companies demands a form of theft)

this news story is written with a rather heavy bias towards the company being right but that doesn't mean that they are.

how this actually ends up will depend on the whim of the courts

 

[barbzilla]

Here's the deal, they got sent by mistake. Plain and simple, and for those who are decent enough to give them back, good on ya, but the rest that didn't go back, there shouldn't be any legal action. If I accidentally ship something to the wrong address with my business, I am out that component, and I still have to ship another one to the correct address, there is no legal loop hole for small businesses to get their shit back, so why should large corporations get theirs back?

To make it a bit more on topic: The same can be said if I accidentally let a disk or component slip into a box that I ship to a customer, I'm not going to get that back, unless that customer just happens to be one of the few honest people left and decides to let me know.

I'm pretty sure that even small businesses have the right to recover property that is accidentally sent to the wrong person. I'm not a lawyer, only just finished one business law class, but that is pretty much the exact situation they use as an example of Quasi Contracts and Unjust Enrichment. The beneficiary is obligated by law to return it and if they refuse, you have a legal remedy to recover it or be compensated for its value. At least in the US, but I get the feeling the situation is basically the same here.

If it is something small than it wouldn't be worth the effort, but in this case a lot of the people are outright refusing to return the Vitas and being jerks in general. They're kinda asking for it

I think it is based on location, this appears to be in Europe somewhere, and I am based in the US. As far as I can tell, there are no laws protecting businesses from idiocy here, though I am sure if a large corporation who donates to campaign funds every year wanted there to be a law, there would be a law. That is really what I am getting at, why does big corporation get a pass when small business has to work harder, smarter, and faster to be able to compete?

 

[antidonkey]

While they have the law on their side, trying to get the Vitas back is going to be a PR nightmare. I can't help but think they should have put out a notice basically saying, "Whoops....enjoy your free Vita". Good will goes a long way.
I had a incident with Tiger Direct many years ago. I ordered a router from them but two arrived in the mail. I sent them an email about it and their response was pretty much, "Our bad...Just keep it". Ever since, I always check their website when I'm looking for electronics.

 

[1337mokro]

So when I made a mistake, however small it is, I am fucked beyond all belief and am in for a year long fight. I accidentally sent to much money to a company once, took me several months before I said fuck it and just charged back the entire amount. The only people that cared was the bank and not because they gave a shit about me, but it meant more money in my account for them.

I didn't have the money to go into a big old legal battle over the fact these pricks can legally put in their TOS that if you accidentally send to much money it's now theirs. So to "correct" my mistake I had to basically become a "wanted man" in another country.

However if a company makes a mistake I have to pat it on the head, tell it everything is okay and correct their mistake for them? I bet you 500$ that they don't even refund you the goddamned shipping costs that it would take to send the thing back or if you deliver it in person wouldn't even validate your parking.


Now on should Zavvi get their Vita's back? Of course the law is clear, you got shit by mistake it's not yours. Shut your whining, send it back to the rightful owner. Unless you make Zavvi sign a TOS that it is of course because TOS can bypass any law apparently!

If a company sends something by mistake, whatever the item, it should be returned or the person that received it must notify the company about it, if you "send too much money" you're an idiot, that's pretty much basic legal procedures.

I would have loved to hear you defend this in front of small claims court.

"Your honour the plaintiff (customer) is an idiot because he misplaced a comma, causing him to increase the amount of money sent by ten fold, thus the company is completely in it's right to hold onto ten times the money they were owed because they cannot be held liable for the mistakes of others."

"Your honour the plaintiff (company) made an honest mistake by writing in the wrong name, thus the plaintiff (company) is completely in it's right to demand a return of the goods because we all make mistakes right? If we set such a precedent then companies could just refuse to correct errors in shipping or refuse to refund people that overpaid for their goods."

Double standards much?

Company makes mistake by FILLING THE WRONG NAME AND ADDRESS! -> Honest mistake
Customer makes mistake by misplacing ONE PUNCTUATION MARK! -> Fuck the customer

I just thought of an even funnier example. You know of a little concept called change? It's what you get when you give a store too much money, they open the register and give you back the difference. Basically you overpay for your items, something that has been going on for roughly several millennia, and you get the money you overpaid back. It's basically done everywhere when paying with physical money.

What I wouldn't give to make you live by your own logic.

"Gives 20$ to store clerk for a 15,99 item. Waiting for his 4$ in change. Store clerk tells him to take a hike because it's his own stupid fault he didn't pay 15,99 in exact pennies."

It's people like you that ensured we lost as many consumer rights as we did.

 

[Grabehn]

snip

I would have loved to hear you defend this in front of small claims court.

"Your honour the plaintiff (customer) is an idiot because he misplaced a comma, causing him to increase the amount of money sent by ten fold, thus the company is completely in it's right to hold onto ten times the money they were owed because they cannot be held liable for the mistakes of others."

"Your honour the plaintiff (company) made an honest mistake by writing in the wrong name, thus the plaintiff (company) is completely in it's right to demand a return of the goods because we all make mistakes right? If we set such a precedent then companies could just refuse to correct errors in shipping or refuse to refund people that overpaid for their goods."

Double standards much?

Company makes mistake by FILLING THE WRONG NAME AND ADDRESS! -> Honest mistake
Customer makes mistake by misplacing ONE PUNCTUATION MARK! -> Fuck the customer

I just thought of an even funnier example. You know of a little concept called change? It's what you get when you give a store too much money, they open the register and give you back the difference. Basically you overpay for your items, something that has been going on for roughly several millennia, and you get the money you overpaid back. It's basically done everywhere when paying with physical money.

What I wouldn't give to make you live by your own logic.

"Gives 20$ to store clerk for a 15,99 item. Waiting for his 4$ in change. Store clerk tells him to take a hike because it's his own stupid fault he didn't pay 15,99 in exact pennies."

It's people like you that ensured we lost as many consumer rights as we did.

I like how you went head on into writing a a "you're the problem" comment, right after another guy just complained about my comment and I said "THIS IS NOT ME STATING MY OPINION". I guess I underestimated how much some people need a /sarcasm or /joke right besides every single comment written with that intention.

 

[1337mokro]

snip

snip

I like how you went head on into writing a a "you're the problem" comment, right after another guy just complained about my comment and I said "THIS IS NOT ME STATING MY OPINION". I guess I underestimated how much some people need a /sarcasm or /joke right besides every single comment written with that intention.

Maybe not include air quotes and something that can be misinterpreted as an insult in your joke comment?

"if you "send too much money" you're an idiot, that's pretty much basic legal procedures."
-Grabehn