I order the limited edition of Ni no Kuni from Zavvi... it was my first and last time ordering from them. Being in Australia I wasn't aware of their reputation...

The basic was that they had already sold through their allocation of the limited edition and despite this was still accepting pre-order. They made some bullshit up that my paypal fund wasn't received yet even though they already charge the account and when I prove this to them, they then claim that my order was 'lost' and I had to re-order the game again.

Only 1 problem. It was the limited edition version and they were sold out everywhere, including Zavvi themselves, there was no way for me to order the game again from them.

This was followed by a 2 week battle to get my money back from them where they assured me that it was being looked into every time I ask but nothing was ever done. I eventually opened a case with Paypal and got my money back from them.

I spit on such shitty customer service and give a big thumb up to all my fellow UK gamer that got a Vita in the mail.

Give Zavvi the middle finger.

So legally the consumers who bought Tearaway and received a Vita are a-OK? They can just say it was a gift?

I would be like what Vita? I received my copy of Tearaway, but no vita........?

as far as i know, zavvi doesn't send their stuff trackable. after their mail i'd say i haven't got anything. please send me tearaway or give me back my money or else.... legal action.

That's bullshit. No way that bit of consumer law can be brought to bare on this case. Any court would find in favour of Zavvi and require the customer to return the Vita, or pay for it. The important legal point here is that Zavvi sent out an email saying they sent the Vita in error and would like it back please. That means it was not sent as nor intended to be an unsolicited provision of goods, for which payment would be subsequently demanded.

If Zavvi had said (or included as a little note in the package): "Here we've sent you this nice shiny PS Vita, if you like it please send payment to... or kindly return it in this self addressed courier pack."

There is simply no way that bit of law can be used to justify keeping something that was sent to you in error.

Zavvi might be being dicks about how they are trying to retrieve the Vitas, but the law actually is on their side in that the Vitas do not legitimately belong to those people and they should be returned to Zavvi.

This is the reason I don't use Zavvi.

never had problems with zavvi and bought probaly around 40 games there or at the hut (which is basically the same company) in the last years.

postal is slow from time to time but since i always saw when they sent it, it was pretty much royal mail's fault since they sent it early enough.

once i didn't get something after ~15 days so that i complained and they sent me the same product once more. i got that and the other delivery which didn't arrive before did also arrive a week or so later so that i had it twice then. royal mail needed like a month to send it to me but that was my luck then lol.

but seems like some other people didn't have such a good experience with them

Zavvi have made a massive PR blunder with their actions. Tearaway only sold 5,269 in it's first week in the UK and Zavvi are only one of many UK retailers selling Tearaway. Even if Zavvi sold 5% of all Tearaway first week sales we are are only talking about 263 units affected with this mistake. I can't see it worth fighting over 26.3k(£100 lose per unit) is really worth the bad publicity they getting for their threatening behaviour towards their customers for their intial mistake.