Gamestop Lawsuit

[klimatron8]

Not sure if this topic has already been discussed but....

I was just in a Gamestop and saw some unusual literature on the counter. Apparently there is a pending Lawsuit (in Ca maybe??) where a consumer is suing Gamestop and the gist of it is a claim that the consumer was sold a product billed as "new", which was a actually a repackaged item. The suit alleges that Gamestop was illegally selling used product as new. There was a paragraph which said that anyone who felt that this had happened to them between a certain time period (don't recall the dates) could jump in as a claimant in the case. ....Gamestop is Supposed to Provide Claim forms to anyone who wants one.--- Of course, I got the same EXACT response at two different stores. --- "I'm sorry I'm not sure where the forms are - I can leave a message for the asst manager and he can get back to you."
So, it seems the employees have been trained to play dumb and to avoid providing the forms.

Looking for any comments people have here. In my opinion -they are defintely guilty of this practice. (and i'm pretty sure i was victimized)

[Achika]

Oh christ, EB is probably also guilty of the same crime. We changed our return policy a few months ago to try and nip anymore lawsuits in the butt. :roll:

When you do get the forms, you're entitled to a 5% off coupon for one time use. Anyhow, they didn't teach us to play dumb but they did tell us to put the flyer behind the cashwrap...basically out of customers reach, but they had to be viewable. :/

Anyhow, commence the Gamestop bashing....

[The Unknown Gamer]

I heard of a similar lawsuit involving a famous video rental chain but I forget
which. That ended when the chain agreed that anyone unhappy with there
purchase could get a total refund as long as the game was returned undamaged of course

[SoulBlazer]

Yeah, I think both chains (and probaly many other stores) are guilty of this as well. It applies to games also -- I know I've picked up a 'new' PS2 game from the rack before and then when I get it it's been a resealed used or display copy. Gee, thanks. :roll: Oh well, as long as the condition is perfect and they don't charge me the same price as a 'new' game (even just a few bucks off) I'm happy. It helps I'm on a first name basis with everyone in my local EB. :D

[MarioAllStar2600]

I ahve heard of that but never seen it. I do always get games that don't work. And I got a copy of NBA Live (GC) that doesn't always work. :angry:

[Half Japanese]

Here's my take on the whole situation:


I like how EB games did their return policy; if you ended up with a real overhyped piece of shit, you could bring it back ONCE and exchange it. But on the receipt where you exchanged it, it clearly says that you CAN NOT bring back THAT game. That helped insure that they weren't a rental location as opposed to a retail one. I personally don't mind getting a great condition used at new price if that also means that I can bring back a turd that I paid $50 for and exchange it for another title, we just have to curtail the abusers of this policy, and much like anything else in society, the abusers will always screw it up for the rest of us. I won't waste my time filling out a form for a "5% off coupon" although it's pretty damn dirty that Gamestop is essentially HIDING the flyer about the lawsuit. I'm not bashing Gamestop at all, I actually prefer them over EB 9 times out of 10 (due to EB's "low prices" coming from rebates, dual purchases and mail-in gift cards). The Doctor has spoken.


-J

[Brisco]

To me this seems like another lukewarm lawsuit brought on by people who complain about not being able to return opened new games, then turning around when allowed to return it, only to whine that the games they got in return is opened.

This will also end the complaining by a lot of people about "opened" new games. Gamestop & EB let customers return games they were unhappy with as a favor to customers, not punishing them for buying crap. Now because of lawsuits & constant nagging, it's over. You buy it, it's yours.

Why the employees are "playing dumb", I do not know, because they were given plenty of forms for customers. Maybe they're just uninformed as to where they were placed. The flyer is required to be placed on the front cashwrap so everyone can see it. The 5% may not seem like a lot, but if enough people decide to take advantage of it, it can add up quite a bit.

Large store such as Best Buy, Media Play, and Target do not allow people to return opened games, CD's, etc. when they decide they just don't want it anymore. Why should Gamestop & EB be put in a place to be looked down on because of this?

[boatofcar]

Related EB question: Today I bought Animal Crossing for GC for $44 used. Then I bought a memory card for $9. When I get in the car I look at the box and it says it comes with a memory card free. Technically I paid $57 including tax for both, which is roughtly $7 more than if I bought the game new (the memory card he sold me was the special Animal Crossing one). Do I have the right to complain?

[AB Positive]

Related EB question: Today I bought Animal Crossing for GC for $44 used. Then I bought a memory card for $9. When I get in the car I look at the box and it says it comes with a memory card free. Technically I paid $57 including tax for both, which is roughtly $7 more than if I bought the game new (the memory card he sold me was the special Animal Crossing one). Do I have the right to complain?

Dear god yeah. Is this Us funds too? because the AC/Mem card combo used at Gamestop is $35. That's horrendous right there.

-AG

[Griking]

I've purchased games at Gamestop in the past where they tried to sell me used copies at new price. I don't care if the game is mint or if EBWORLD does this as well. If a product has been opened and removed from the packaging then it's no longer new. Furthermore, if they try to give me an unshrinkwrapped game usually say that I'm only interested in purchasing it if they honor my gamecard and the 10% discount that comes with it.

[Shadysmurf]

Personally i've gotten the Exact OPPOSITE.. I bought a "Used" Copy of Super Bust a Move 2 for $13.00 and it was still shrink wrapped and all from eb Games

[Sylentwulf]

I've given up defending my EB, I went in to look for last years basketball game (NBA Live 2003, 2004 came out a week or two ago) and it was $40 USED.

FORTY DOLLARS for a used, more than a year old sports game.

I came home and got it on ebay for $20 including shipping in mint condition.

[WiseSalesman]

To achika and the others, I don't understand how anyone can really defend this practice. I'm not about to sue anyone or anything, but how is it okay to sell me a game advertised as new when it's a used game, and also charge me more for it than for a used copy? That's definitely false advertising. The lawsuit may be a little over the top, but the actual practice is DEFINITELY indefensible.

What constitutes whether a used game is considered 'new' or 'used' anyway? What's the criteria?

[Oobgarm]

Son of a bitch, I hate threads like this since I always get sucked in to writing. I mean no ill will towards anyone, I apologize in advance if what I say offends you. It's just that these arguments never stop. :/


but how is it okay to sell me a game advertised as new when it's a used game, and also charge me more for it than for a used copy?

Define "used game".

I define it as a game that has been plyed before. That's a used game. Opening a copy of a game, putting it in a sleeve/case/whatever, and putting the case on display is NOT "using" the game. Sure, the game may not be in its original shrink wrap, but the game hasn't been played. If someone is selling you a copy of a game, which obviously showing signs of use (scrathches), at the full new price, then they should be punished, because that's just plain WRONG. If a new game shows signs of wear, then a "shopworn" discount *should* be given. There shouldn't be many cases of that, though.

Look at it these two ways:

1. Do you like being able to look at the game's packaging before making a purchase? That's why it's done. I personally dislike going to places like Target, Meijer, K-Mart etc. who keep their games locked up behind glass. It prevents the me from browsing at my own pace, and creates a hassle of locating an employee to ublock the case for me. You may feel differently, however.

2. I gather from the consensus here that people enjoy being able to buy games, decide they don't like them, and return them for exchange or refund. As stated by Brisco, Gamestop and EB do this as a favor to customers, offering them something the other retail outlets do not. Everyone else is "Buy it, open it, it's yours." What really gets me here is that some people who take advantage of that policy turn around and complain that the game they exchange for isn't "new" since they're getting the last (display) copy. I've seen it happen before, and it infuriates me. You want to be able to take home a game, play it, return it, and complain that the next game you get isn't sealed? What do you expect the company to do? Take the loss because YOU decided that you didin't like the game for whatever reason? Please.


I like how EB games did their return policy; if you ended up with a real overhyped piece of shit, you could bring it back ONCE and exchange it. But on the receipt where you exchanged it, it clearly says that you CAN NOT bring back THAT game. That helped insure that they weren't a rental location as opposed to a retail one. I personally don't mind getting a great condition used at new price if that also means that I can bring back a turd that I paid $50 for and exchange it for another title, we just have to curtail the abusers of this policy, and much like anything else in society, the abusers will always screw it up for the rest of us.

The good Dr. speaks some truth here. And now the stores have to take it up the tailpipe because the abusers ruined it for everyone. As an employee, I generally don't have a problem with someone exchanging a title, as long as it is in the same condition as when you bought it. Allowing someone to exchange things ONCE is a good idea, because everyone has bought into the hype for a crappy game at some point or another. It just takes one narrow-minded person to screw it up for everyone.

[davidbrit2]

A lawsuit definitely isn't over the top. Large corporations usually only respond to the PR meltdown associated with a lawsuit for dubious business practices. Go get 'em, I say.

[Lady Jaye]

This reminds me of when I bought my copy of Metroid Fusion so-called new, at EB. When I finally got to play the game (a few months had passed because I had lost my GBA, which I replaced only when the SP was released), I saw that there was one game file already activated. Which means that the game had been played either by a previous owner, or an employee. Either way, the game was advertised as "new". Unfortunately, the long delay between buying the game and playing it made it impossible for me to complain to EB, especially since I couldn't remember exactly which EB I bought it from (there are 2 or 3
EBs in Montreal that I sometimes went to, especially before starting my current job in February).

Let it be a lesson for me (just like I learned my lesson buying Tony Hawk 3 used at Blockbuster, but that's another story altogether).

[Bratwurst]

You take off that shrinkwrap, that game isn't new.

Try pulling that off on an ebay auction. Oh I just took off the shrinkwrap but I didn't open the box, the game is new, take my word for it. The bids will come rolling in. x_x

There is at the least a consumer premium associated with shrink, and if you pay a 'new' price for anything less then you concede that premium.

[kevincure]

Used means not factory shrinkwrapped. If it's not the "new" that new means at every other store in the world outside of EB/Gamestop, then it's not new.

The solution is simple - unshrinked games should be sold at the used price, just like "floor merchandise" at a home electronics store. If you buy a TV, you expect to get a discount if they sell you the one they use for display on the floor. Why should videogames be any different?

The whole "see the packaging" argument is bogus. Mockups could be made for basically nothing of the game casing - they do this already with many games.

Having a non-shrinkwrapped used game sold as new *is* a problem - if I buy a gift, I don't want to send what will appear to be a used game (since it's not shrinked). The fact that the item is reshrinked is quite patently deceptive and I'm sure that's why Gamestop lost this suit.

[Lady Jaye]

Another way to give access to the box cover text while warranting that there won't be shoplifting is to have a color photocopy of the box front and back and put that photocopy on a shelf, in a jewel case. That way, the store keeps the actual copies of the game behind the counter or in the backstore and people still can read the game's summary.

The copy of Metroid Fusion I bought was shrinkwrapped. If the employee is skilled enough, it's fairly easy to reshrinkwrap a box and do a clean job that seems close enough to the factory seals. And shrinkwrap machines aren't very big, so it's easy to keep one in a back store (they're usually about the width of a saran wrap dispenser, plus a special hairblower designed to heatshrink the wrap.

[kai123]

Here is a question for you. If you bought a game at Best Buy
and it was open would you complain or just take it as is?

I don't care if I have to keep a game if I don't like it. If that
happens I just sell it on ebay and get most if not all my money back.
What I don't like is getting the copy that was on display. I like
opening my games. I don't care if no one played it or not. What I don't
understand is what happened to the boxes that were just for
display only no game came with them? I mean they can send
all this promo crap out but not one display box? Call me a pain in the ass I don't care.

By the way this post isn't directed at anyone except the jerks
that try to sell display copies.

[Half Japanese]

Just one thing that crossed my mind while reading some of the posts:


If you're going to open it when you get home anyway, and the disc is in perfect condition (display copy)...then what the hell are you all so worried about? And the "color copy" thing is bogus, have you seen those godawful scans that EB/Gamestop sometimes insert into the psone/dc games that are missing manuals? It's like trying to read something in another language, all blurred and shit. I work at a Kmart and you can tell how big of a pain in the ass it is for some people to have to call you over, and I can PERSONALLY tell you how horrible it is to have some kid think he's your best friend sitting there for 15 minutes looking at and talking about games while you have other people waiting to be taken care of. Ah, whatever, for half of you I'm preaching to the choir, to the other half I'm some spawn of satan.

[kai123]

I am not worried about the display copy I have bought some before but even if they took just $.50 off the price at least they would acknowledge what they are doing. What I don't understand is what if a mom bought a game for her kid and it was the display copy and it was the wrong one. Would she be able to return it for the right game or be stuck with it? Since it was open I think she would more than likely be stuck with it.

Here is something I have asked my local Eb.
ME "What if I buy this display copy and take it home and don't play it will I be able to return for a refund?
EB "No because how do we know you didn't play it?"
ME "How do I know you didn't play it?"
EB "Just buy it or not."

Real well thought and trusting if you ask me.

[maxlords]

Well, this is defintiely a difficult issue. On one hand, I know the stores do that as a favor. And it got them lots of business from people like me, who got used to being able to return a game if it was complete ass. And the store takes a loss on a game now and again (cause they had to sell them as used after...at least a couple years ago), but for me at least, that wasn't very often..maybe once every other year, compared to 20-30 or more games I bought new a year.

But now, they've revoked the returns policies...and you can only exchange defective ones for the same title. Those policies are gone from EB. But they still crack a copy to display on the shelves. And then they sell it as "new". That copy isn't new as soon as the shrink comes off. In fact, some of the EBs are notoriously uncaring about those games too....scuffing the discs by accident or reusing the bags for them until they get dirt in them and the dirt scuffs the games. 8 out of 10 of the "new" reseals I've seen are NOT in new condition...they're obviously scuffed or used in some way, whether they've been played or not. And THAT should be stopped.

Honestly, if this leads to a "no returns period" policy, I'm in FAVOR of it. I'd rather take it in the shorts now and again for a crappy game than have to buy one that's been opened for retail. Period. If people are bringing back that many games, I'd rather see them unable to return them at all. It would cut sales down a bit for EB and Gamestop, but they do such a volume that I don't expect it would really affect them. As for me....I don't like to preorder, and they're trying to get people to preorder EVERYTHING now, and I won't buy an opened game...unless I'm paying used price. No two ways about it. EB has lost a LOT of my business with their policies and they're likely to lose more if they keep up this resealing business. Why should I even bother, if they're not going to even STOCK enough copies of a new game to keep em on the shelves for a few days, and then subject me to penalties of being offered an opened game cause I didn't preorder? I'd rather take my business elsewhere.

It's asanine to EXPECT them to let you return a game, but it's equally unfair about their selling used games as new. And yes, used means opened. In retail, if an item is opened, it's considered used, period. Whether you like the definition or not, that's how companies view it as well (except EB and Gamestop).

[vincewy]

This was bound to happen, 2 yrs ago when I started buying DC games, Gamestop shamelessly gave me a so-called "Brand New" copy of Virtual Tennis, WTF? When I went home and open up, it was scratched like hell, keep in mind that I'm paying a premium for a new game (2 weeks later Best Buy, TRU were all selling real "brand new" copy for $15). A month later I went there trying to get Techno Romancer, I got smarter this time, the manager gave me a copy with harder type of shrinkwrap, I knew this was not original factory-sealed but the manager insisted it was brand new, I refused to buy the game and asked for another copy they had on shelf, bingo, it was the original, factory-sealed copy.

For this reason I never buy games at Gamestop and EB anymore, let along mail order them (it's like playing Russian Roulett), especially PS2, Xbox, and GC games' factory seals are exactly the same as the ones stores use for re-wrap, you simply have to keep the stickers intact.

[Brisco]

As a collector I can understand why you would want your stuff in "perfect" condition, but what is the need to be the first to touch it? So what if car dealers wouldn't let you test drive the vehicle you wanted? Would you still buy it? If a game is sratched, sure, ask for a discount off it. Stores shouldn't be taking back any new title that is scratched anyway.

Companies such as EB & Gamestop have these for other reasons too. These opened games are there so parents can let their children, or anyone who asks, try the game out before they buy it. Believe it or not, $50 a game is a lot of money for most people.

[SoulBlazer]

What ever happened to RENTING games? Unless I'm SURE I will like the game, I ALWAYS rent a console game first to try it out and see if it's worth a buy. Oh, I might take a chance also if there is a new/used copy for cheap enough. If I buy a full price game and hate it, I can normaly sell it on Amazon for most of the money back on it, so I'm fine with that.

It is annoying I can't take a bad game back to EB and get store credit for it, but as has been said before, only takes a few losers to mess everything up.

Oh, a little off subject, but one reason that stores like people to pre-order is so they have a sence of how many copies of the game to ask HQ for. After all, you don't want 500 copies of Soul Calibur II coming in, to give a bad example, if you don't think you can sell more then 200 within a few months. Sometimes with PC games I'm the only one to ask for it, so on the first day it comes out I get a call and get the game and don't see it on the rack for a week later. Preordering makes more sence with computer then console games becuase console games sell more, but as I said in another thread it's also nice to pay for it then and let them worry about it and call me when it finally ships. Finally, there are some nice bonuses with preordering sometimes (like the Arcade Star Wars that comes with Rogue Squadron III).

[orrimarrko]

Related EB question: Today I bought Animal Crossing for GC for $44 used. Then I bought a memory card for $9. When I get in the car I look at the box and it says it comes with a memory card free. Technically I paid $57 including tax for both, which is roughtly $7 more than if I bought the game new (the memory card he sold me was the special Animal Crossing one). Do I have the right to complain?

Sorry, I don't think that you do.

First of all, let me say that I don't (nor will I) work for any of these places.

There is nothing implied that because you buy a used piece of software, should you get everything that came with it when it was new. they are basically selling you the game only. You should consider the case, manual and any inserts a bonus.

If it was important to you to get the memory card as part of the used game, you should mention that prior to purchase. Even if you did though, I still believe that the price paid is for the game only.

Just an opinion.

Steve

[lendelin]

if a store sellls a game as "new" and it's shrinkwrapped, and you discover later that it is actually used, it's a scam! I'd raise hell if that would happen to me.

Otherwise, I'd say use common sense. I'm not as strict to say that only unopened games are "new" (on ebay of course, becasue you can't examine the item)

1. I bought a couple of weeks ago a "new" game at gamestop for $20, the clerk gave me a game which was opened, said it was opened but it's new. I asked if I can check it - the disc was perfectly fine, indeed like new, and so was the manual, therefore I had nothing against a "new" opened game. Just check it, and you'll be fine.

2. I use even more care when buying used games.(which happens rarely) A couple of weeks ago I bought a second used GT3 for $11 at Gamestop, before I bought it I checked the condition of the disc, it had scratches on it, and I asked for another one - I got another one which was perfectly fine.

I know most of the guys at my local Gamestop by name, but in these incidents I didn't know the guy. Just use common sense and care.

Same goes for comparing prices when buying new stuff. It always pays off. I bought a Super Ghouls n Ghosts for the SNES 6 months after its release for $20, the same day I saw it in another store for $70. I bought Ninja gaiden 3 three weeks after its relaese for $25, while two other stores in the same mall sold it for $35 and $50 respectively.
Yetsreday I saw at Target "Eternal Darkness" for $50, and Gamestop sells it for weeks now for $15. (Target, however, is a good place for some real good bargains)

[orrimarrko]

You take off that shrinkwrap, that game isn't new.

Try pulling that off on an ebay auction. Oh I just took off the shrinkwrap but I didn't open the box, the game is new, take my word for it. The bids will come rolling in. x_x

There is at the least a consumer premium associated with shrink, and if you pay a 'new' price for anything less then you concede that premium.

So, what about games that are new, but not shrinkwrapped - like Neo Geo AES games?

These games don't come shrinkwrapped, so does that mean they aren't new? Does that little piece of clear tape indicate that it's new, versus used without it?

I'm sorry, but I think that people need to get ONE definition, regarding description, straight...

SEALED means just that - a new, unopened copy.

NEW means that it's just that - a new copy, but not necessarily sealed.

Now you can say that I'm just playing with the words here, but I feel that they clearly are different.

Here's an example - I bought 6 "SEALED" Brand new Neo Geo AES games from a guy in England. Now they had the original tape on them, sealing the case. I knew that they were unused games, but the inner trays are easily damaged. So, I opened them up to inspect the contents (most specifically the trays and carts (sometimes they get scuffed, even if they are brand new.)

I never played them - not once. I never removed the insert from the case, nor the manual from the baggy. I closed them back up and put them on a shelf.

Are these no longer NEW? By some of your descriptions, you would say no. I completely disagree, however. New means just that - brand new. Sealed means just that - sealed.

I have since decided to sell them on eBay, and all have sold. I described them correctly as brand new games, but no longer sealed. I further mentioned that they had never been played, and described each one on all of their components (case, tray, cart/label, manual, etc.).

So I am sorry Bratwurst - if you are honest, you CAN sell them on eBay. Take MY word for it.

By the way...

You can ALWAYS ask the person at Gamestop if it is truly a sealed, new copy. If you want to buy it, ask them to open it up. If they refuse - take your business elsewhere. If they open it, and it's not brand spankin' new, don't buy it.

Quite honestly, I would NEVER buy a new game at EB or Gamestop - they both charge a premium price. Target is the only place that I buy new games, as they typically go down in price or on sale quickly.

Just my thoughts...

Steve

[Captain Wrong]

To rehash some stuff that's already been said and some that hasn't:

1) If you buy a crap game, that's your fault, not the store's. This may not be a popular opinion, but that's just how I feel. You didn't do your homework and you get stuck. If I buy a book, CD, or DVD that sucks, I don't get to take it back. I fail to see why games should be any different.

2) If I'm buying a new game, the sucker better be factory sealed. I don't care if it was just opened as a display copy or whatever. In fact, I find the display copy line a little hard to swallow, based on personal expirence. I've had several Funco and Babbages expirences where an open game was claimed to be a display copy but the disc was scratched to hell.

3) I know some people may not understand the whole "I wanna be the first person to tear the shrinkwrap off" thing, but at least for me it's the only assurance I have at these places that I'm getting unplayed goods. If I could trust them that the open game they hand me was unplayed, I wouldn't care but clearly (as I said, I've expirenced it first hand) this isn't the case. If I'm paying for a new game, I damn well better get a new game. Re-sealing kind of strikes me as the same as rolling the odometer back and selling a car as new.

4) People who want to "try before they buy" need to get a Blockbuster card and knock them selves out. I know $50 is a lot of money to buy something you don't know anything about (like knowing if you're going to like it or if it's ok for kids) but it's really not that hard to run a Google search on a title and read a little about it before you drop that kind of money, if $50 is a lot of money to you. Worried if it's ok for your kids, check the ESRB rating, that's what it's there for. Again, people need to do their homework.

I guess if people are cool with buying open merchandise for new price, you're welcome to it. Personally, I won't shop at these stores because I don't like trying to figure out if the new game is truly new or something resealed. There's just too many other outlets to purchase games for me to waste my time fucking around with this.

Feel the need to add this


NEW means that it's just that - a new copy, but not necessarily sealed.

No, new means it's in the same condition as it was when it left the factory. In the case of Neo Geo games, you're right, they're not sealed. In the case of say a PS2 game, that means factory sealed with the white sticker on top. That's new. Anything less than that is not new. It may not be played, but it's not in the same shape as it was when it left the factory.

[Lost Monkey]

There's just too many other outlets to purchase games for me to waste my time fucking around with this.

Exactly... the businesses selling reshrinked/open merchandise are definitely in the minority and easily avoided. Here in Canada, I only know of EB and Compucenter who practice this.

I stopped buying stuff at EB a long time ago because of their ridiculous return policy.. are they still offering refunds on opened games? Since then I have witnessed employees playing hacky-sack with a stack of games (the store was closed..) for over 10 minutes while I waited for my wife in the mall...

[spoon]

Ahh, I remeber when I picked up my Copy of Ultimate Muscle for the cube. The dude gets the game from behind the counter, walks over and grabs the Display case. Puts the disc in there and blow drys it shut. pretty funny I thought, The game was fine.

I also remeber once when I wanted to buy a game they had in a playstation, and they told me it would be rang up at new price since they only opened it a few weeks back and it hadn't been anwhere else but in the system.

If something has been opened, they should atleast acknowledge the fact, and mark the price down 5 bucks. Would save them a lot of hassles.

[kai123]

Companies such as EB & Gamestop have these for other reasons too. These opened games are there so parents can let their children, or anyone who asks, try the game out before they buy it. Believe it or not, $50 a game is a lot of money for most people.

None of the stores in my area will let you do that. They say only games they feel like putting out go in the display systems. If that is what they were for then I would be happy with that.

[Spottedkitty]

I have to say I agree with those folks that say they prefer the shrink wrapped games. I wouldn't have been so quick to agree except for the fact that it happened to me just recently.

I bought a copy of Midtown Madness 3 (After trading in an immaculate Metroid Prime that had only been played twice) for my XBox a few weeks ago from Game when I was in Birmingham. It wasn't until I was on the train back home that I looked at the CD and the manual...suffice to say I was rather annoyed. The CD was scratched to hell and back and the manual had wrinkles on some of the pages and there was even small tears along the spine on the front cover.
Had I been shown this and had a fiver or something knocked off the price it'd have been fine, the fact I paid full price for something that looks second hand (They'd even closed the box on the manual creasing it that way as well) just got my back up. I'd have taken it back but by the time I'd have got back there the shop would've been closed and this weekend I was in London so there goes my 10 Day no quibble guarantee.

So, while on one hand I’m not to worried about a game being shirk wrapped I do want it AS NEW with no scratches or whatever on the CD and nothing wrong with the manual. If there is, the shop should either have to put it out as second hand or at least declare the damage to the person buying it. Seems only fair if you're paying full price.

[Lady Jaye]

i agree with what the Cap'n has said. If you sell a game as "new" and the box is shrinkwrapped, I don't want any sign that the insides have been touched by anyone other than the employees of the game maker (and they don't usually have time to play the damn game before putting it in a box).

To sell an opened game as brand-new (when I see a well shrinkwrapped box, I assume that it's factory sealed) is dishonest. Like others have said, a mere "you know, this game is new, but it has been tried out once or twice" would do wonders for their business and the trust we feel towards them. It's not even a question of price, but simply of good customer relations.

[TRM]

Going back to the EB display copy refund thing. I recently bought my brother a copy of Mega Man X4 for the PS and the only copy they had left was the display one. They put a sticker on the case stating that "if the sticker is broken" then you would follow the used return policy, if it was unbroken, then the new return policy. Just something I would throw out there.

[The Manimal]

With jewel case games (I note GameStop does this)....the white seal will be at the top, but the plastiwrap won't. It's not hard to unhinge the bottom part of a jewel case and slide a disc out, put a new one in, reclose the hinge.



I should probably fill this one out, but I doubt I will. No need to cause problems when I occasionally need to resort to shopping there :lol

[Chunky]

simple, i just don't buy new games at these places, stick to retaily stores....don't they just open 1 or 2 of these games for the cases? most sit sealed behind the counter?

I don't mind them being opened, yes i am going to do that anyways. just want it mint.

I do have a problem with this when i'm shopping for a gift. It looks stupid when you give someone and "opened new" game for a gift. You know they are thinking WTF when they open it, thinking you got them a used game.

[calthaer]

Buy your games from Amazon.com or some other online place. They have no display copies, no storefronts, and you know for SURE that the game you are getting is straight from the factory. Sometimes they even have sales. Buy.com usually has some decent prices. Sometimes you pay for shipping, but sometimes if you order over a certain amount you can avoid that cost too.

I only go to EB or something like that to get used games for cheap prices. Sometimes I get new games for cheap prices, like I picked up Moonbase Commander for PC for something like $5.00 and Master of Orion 2 for $10. I don't trust the retail stores any more.

[GrandAmChandler]

AHem. Let me step in being a former FuncoLand employee. When We were FuncoLand, we would convert the "new" opened games to used inventory.

When we got bought by Gamestop/Babbages, we were told to sell the opened copy/copies, but only if they were the last one. Then we were required to use the markdown (I believe it was F6?) for the reason "Shopworn." The manager on duty was the only person allowed to do this. I know this because I had to do it on several occasions. A discount was given in the 20% range. The function in the computer exists, and thats what the "Shopworn" discount is for. However, most District managers won't stress this option because it looses the company money. There really are some crooked practices going on. I hope the people who sue Gamestop get a good judgement. Deception is wrong.

[Achika]

AHem. Let me step in being a former FuncoLand employee. When We were FuncoLand, we would convert the "new" opened games to used inventory.

When we got bought by Gamestop/Babbages, we were told to sell the opened copy/copies, but only if they were the last one. Then we were required to use the markdown (I believe it was F6?) for the reason "Shopworn." The manager on duty was the only person allowed to do this. I know this because I had to do it on several occasions. A discount was given in the 20% range. The function in the computer exists, and thats what the "Shopworn" discount is for. However, most District managers won't stress this option because it looses the company money. There really are some crooked practices going on. I hope the people who sue Gamestop get a good judgement. Deception is wrong.

F7, in my district though, open/shopworn anything missing a box or instructions (pertains to new only) is given AT MAX 5% discount and only when customers ask for it. I hate not being able to do it, because there are some really genuinely nice customers that deserve it, but I can't give it away unless they ask. There are some I just want to take care of.

@wisesalesman: when did I say this practice was ok? Obviously you can ask if the copy is the last one if it's open whatever...but if you say "ok I'm gonna buy it anyhow" I don't think there should be a "right" to bitch and moan about being sold an open copy. I let the customers in my store know that "you're getting the last copy, we had to put the case on the shelf but no one has played the game." So on the receipt I note that it was open prior to being sold and that there's a loophole for atleast that customers copy of the game. Sure, the 7 day warranty on new product still stands, but since it's open they will have less of a hassle if they need to bring it back. Besides this, there's a MAJOR difference between factory shrinkwrapping on 95% of DVD and CD games and the store strinkwrapping.

@the "copy insert" comment: It was very expensive, and from what I understand, very difficult to get the licensing to do those inserts. Besides that, we don't get the new games until about 4 months after they come out when they send a "batch" of new inserts that have come out for recent games. And about keeping the "promo" display boxes: you have to realize that not all the games that get released have these display boxes. Bombastic had a cardboard box, NFL Fever 2004 had a case & insert, and Mojo didn't have anything at all...what happens then?

[GrandAmChandler]

F7, in my district though, open/shopworn anything missing a box or instructions (pertains to new only) is given AT MAX 5% discount and only when customers ask for it. I hate not being able to do it, because there are some really genuinely nice customers that deserve it, but I can't give it away unless they ask. There are some I just want to take care of.



Wow. Your district is strict.... When I worked in the Philly District they were firm believers in the F7 key.... weird how districts differ.....

[Oobgarm]

5 years, and I've never seen the F7 key used. Not once. Brisco may be able to shed some light on that, since he's there more than I am.

I agree with Achika, there are customers that I want to take care of, because I'd expect the same in return if I were a customer who spent a lot of money in the store.

[Captain Wrong]

Interesting...considering the last couple of times I tried to buy a new game at Funco and they tried to sell me the open copy and I asked if I was entitled to a discount seeing as how the game was opened and all I was told was "No, it's still a new game." At which point I wished the employee good day and went on my way.

I'm here to tell you, the F7 discount is NEVER used out here in Indianapolis. Despite the fact that I was a fairily regular Funco/GS customer, never once was I offered a discount on a "new" but opened game and (to flog a dead horse) often times the games I was offered were clearly used and not new.

[Achika]

5 years, and I've never seen the F7 key used. Not once. Brisco may be able to shed some light on that, since he's there more than I am.

I agree with Achika, there are customers that I want to take care of, because I'd expect the same in return if I were a customer who spent a lot of money in the store.

:hmm: how do you ring up the discount card?

[Brisco]

The same way you do. We have used the F7 key, quite a bit in fact, but for other things. Most people in our area don't really care too much, and haven't ever said anything about it.

I've been at the same store for 4 1/2 years, and only two people have ever said anything. I told the first guy that if he didn't like it, exchange it seven days. The other guy, who purchased a copy of ZOE 2, which had its case stolen, got 10% off the price. He walked away happy, and even said thank you. Wow.

[Oobgarm]

5 years, and I've never seen the F7 key used. Not once. Brisco may be able to shed some light on that, since he's there more than I am.

I agree with Achika, there are customers that I want to take care of, because I'd expect the same in return if I were a customer who spent a lot of money in the store.

:hmm: how do you ring up the discount card?

I say "Give this person the discount" and *poof*, it's done. Strange how that works...

What I MEANT to say was that I've never seen the F7 "shopworn" discount used before. Cripes. :)

[GrandAmChandler]

If it isn't the F7 discount key, it may be an option under the (F6?) Edit Price Key. Either way It's there. I've done it numerous times.

[l_lamb]

I'm assuming that the 5% discount was some sort of settlement reached in the case so it wouldn't actually go to trial. It's a great marketing tool; if you qualify for the discount, you have to spend more money to get it. :P Blockbuster's fee settlement worked much the same way.

My two problems with getting the last copy:

1. The artwork for games must be readily available. If 5000 Blockbuster stores could get 4 artwork flats for every version of every title sold in addition to the artwork for the rental copies, it should be easier for a larger game purchaser like GameStop or EB to get a piece or two for each store. This would end the need for opening "display copies". If the store decides to open a copy up for demo purposes, that copy would be used and should be sold as such.

2. Getting the last "new" copy means getting an Amaray or jewel case with 2+ stickers that don't come off cleanly. I shouldn't pay full price for a game only to have to spend 15 minutes with Goo Gone getting the stickers off of the case. The store should discount the price (happened once) or give me another case (never happened). Some GameStops will toss the display case and the disc (still in the paper sleeve) in the bag and think it's acceptable. This problem would be solved if the stores would just shrinkwrap the empty cases before they stickered them.

I wouldn't have a problem buying a game as "new" if it had never actually been played and I received everything in new condition.