EB Been sued and lost?

[Sylentwulf]

Sure this has been posted, but if not....
http://www.ebgames.com/ebx/SummaryNotice/default.asp

[maxlords]

This makes me feel so vindicated! I'm getting in on this one! :D

[AB Positive]

Oh look, it's the SAME PERSON THAT SUED GAMESTOP AND FORCED US TO GET RID OF OUR RETURN POLICY! CHRISTOPHER "COCKSUCKER" CHAVEZ!

DIE DIE DIE DIE DIE DIE DIE!!!! :angry: :angry: :angry: :angry: :angry: :angry: :angry: :angry: :angry: :angry: :angry: :angry:

*sends Sothy to stab Chavez in the face with his penis*

-AG

[kai123]

What does this guy get directly?

[maxlords]

I'm in favor of this lawsuit :)

[Griking]

Oh look, it's the SAME PERSON THAT SUED GAMESTOP AND FORCED US TO GET RID OF OUR RETURN POLICY! CHRISTOPHER "COCKSUCKER" CHAVEZ!

DIE DIE DIE DIE DIE DIE DIE!!!! :angry: :angry: :angry: :angry: :angry: :angry: :angry: :angry: :angry: :angry: :angry: :angry:

*sends Sothy to stab Chavez in the face with his penis*

-AG


Personally I don't think that the return policy was worth the trade off. I'm for the lawsuit as well.

[MarioAllStar2600]

That would annpy me to. I hope that this case doesn't get blown out of porportion though, like shut down that store.

[maxlords]

That would annpy me to. I hope that this case doesn't get blown out of porportion though, like shut down that store.

Honestly, I'd like to see EB go down, but it's not gonna happen. I'm just hoping that they get reamed in court and cop to selling opened marchandise as new and then have to admit that it's actually used and change their "store display copy" policy. I'm sick of that. I want to buy SEALED games.

[necavenue]

Well, I stopped buying games from them years ago for the same reason.

Hopefully this will put a stop to their practice of trying to sell used games as new. (Although I have to admit I don't know if they still do it since I don't shop there anymore).

[SamuraiSmurfette]

/me sits down and shuts up before she hurts someone.

[Kairi]

Everyone here like...hates EB games. I buy games from them a lot. But I'm not really a collector so maybe that is why I have no beef with them.

[Chunky]

whatever.....

You ask, can i get that sealed, and they say, sorry we don't have it sealed, you then have a choice of not buying it.

[Ascending Wordsmith]

I've never bought from EB Games. Sure, I've sent numerous emails to them with no response coming at all (it's like Charlie Brown waiting for valentines at the mailbox), but as far as purchasing, I've never made it that far.

This'll be interesting to see what becomes of all this.

[esquire]

I don't see what the problem is with their policy. It's quite simple, if they don't have it sealed, don't buy it. Go somewhere else. I personally like the return policy. With the price of new games continuously staying at $50, its a bummer to buy a "new" game only to find out it sucks after you open it and try it out.

Some stores, like Kmart, won't even let you return any opened game unless it is defective. Their return policy specifically notes that any other return would constitute a violation of the DMCA.

I wonder how this lawsuit will affect their ability to display "empty game boxes" on the shelves with the actual media and manual behind the counter. Gamestop and EB both do it. Then when only the display is left, they sell that one as "new."

[xolik]

I got boned by EB once a looooong time ago. I finally saved up and bought a copy of "Cosmic Fantasy 2" for my beloved Turbo. It was the last copy in the store too. When I got home the instructions had been written inside of them in ink, and then very poorly wite-outed, plus the disc was scratched. After paying close to $60 for that game I was pissed!

[Oobgarm]

I got boned by EB once a looooong time ago. I finally saved up and bought a copy of "Cosmic Fantasy 2" for my beloved Turbo. It was the last copy in the store too. When I got home the instructions had been written inside of them in ink, and then very poorly wite-outed, plus the disc was scratched. After paying close to $60 for that game I was pissed!

That's a bit different....I would have taken it back and stuffed it down their throat. :eek 2:

The lawsuit's about opening a game, removing said game to put case on display; or selling a returned game as new. I still don't understand why people just don't ask before they buy. Not everyone requires a sealed, pristine, untouched game.


I wonder how this lawsuit will affect their ability to display "empty game boxes" on the shelves with the actual media and manual behind the counter. Gamestop and EB both do it. Then when only the display is left, they sell that one as "new."

They'll still do it, but they'lll put something like "This game may have been returned in accordance to the stores' return policy" on their receipts, or post it by the register. That's what Gamestop did.

I shall stop now before I become angry.

[Hep038]

Well I had bought a game from EB that was sealed and when I got home and opened it I saw the price tag was in the inside of the plastic "seal". When I took it back to ask how this could happen, they told me when a customer returns a non defective game with in so many days it is resealed and resold. I feel I was being deceived by the game being resealed. If it was sold to me with no shrink wrap then that would be a different story. Now my friend works at the store and he calls me a idiot for making a big deal about me saying its not "new", I call him a thief for selling a USED game at a new price. We both laugh and buy each other a round.

[Captain Wrong]

-_-

[SoulBlazer]

Yup, CW has my feelings exactly. :)

I don't care if the game is sealed or not as long as it IS new and everything is in pristine shape (and if it's not I'll take it back and get another) and I always ask questions and inspect CD's of used games or what not. I'm known on a first name basis in my local EB anyway, so they expect that from me. :D

[lionforce]

I agree with this lawsuit, although I would not go that far (a refund or exchange for a new copy makes me content) but sooner or later a company pisses off the wrong consumer and you get lawsuits, its easy to rectify the "sealed" game problem when purchasing in person but when you order online its more of a headache, and it is frustrating when a gamer knows he ordered and "payed" a new product and recieves a used one on a consistent basis, this pratice insults the consumer's intelligence and trust and is just overall bad business, it is true that many gamers don't care so much about paying brand new price for resealed games but I do and if you are going to send me a used game then sell it to me for a used price, I could go on and on about EB's bad practices but I won't. Admittedly, I still purchase from them but I make it clear via email and telephone that the product I ordered is brand new and not used and this usually fixes any future problems, in fact I just recieved Dragonball Z Budokai sealed brand new for the GC in the mail today, I preordered it and got that greatest battles DVD.

[zektor]

whatever.....

You ask, can i get that sealed, and they say, sorry we don't have it sealed, you then have a choice of not buying it.

Oh yeah? And what if you ask to get it sealed, they say "Sure thing Sir!", and after you get home and open it you realize it was a used game re-shrinkwrapped. Then when you bring it back they REFUSE a refund because it has been "opened". I have experienced this with them for YEARS.

[esquire]

Oh yeah? And what if you ask to get it sealed, they say "Sure thing Sir!", and after you get home and open it you realize it was a used game re-shrinkwrapped. Then when you bring it back they REFUSE a refund because it has been "opened". I have experienced this with them for YEARS.

First, I believe all new games come with the factory seal usually located on the top of the game case, just like a DVD. If you go to purchase a "new and factory sealed" game and that factory sticker seal is not on the case, that is your first clue that it has been opened. Second, if you are not sure, go ahead and open it up right there in front of them.

[kai123]

God you guys act like they are lying to your face. Oh wait that is exactly what happened and the pissed off the wrong person I guess. Also I am one who liked the buy it play it and hate it policy too but it was being abused. A good way to see if you like a game is to rent it. It works for me everytime.

[nesuser2]

i'd be more than hot if i got a new game and something was written in. and i guess somebody doesn't buy gamecube games because i can't remember the last gamecube game i've bought that had a seal at the top. and i bought 8 last week........no security stickers, no seals on the top.....nothing. and it really sucks that some people take things this far but wouldn't it feel great to sue a bunch of bastards like this, i hate the whole idea of a corporate gaming store. and well......i hate local only gaming stores because they overprice just about everything. so i say shop at TRU, and everything used.........find it on the web.

[kai123]

All new gamecube games I have bought do not have any security except the seal.

[jdc]

Perfect timing!

I've never regularly bought from EB BUT not long ago I bought a new SEALED copy of Darkened Skye for the Cube from our EB. I could have sworn that I took it off of the "new" rack. I got it home and opened it up. There's no freakin' way that this game was factory new. The clear plastic surface of the case had scuffs on it once the shrink wrap was removed.

Thanks for the explanation.

I know that in the Playstation days the burnmonkeys used to LOVE EB's return policy. Buy a game, burn it...and return it for a full refund. What a joke.

[nesuser2]

i knew that, i was typing in response to:


First, I believe all new games come with the factory seal usually located on the top of the game case, just like a DVD.

:D

[Ed Oscuro]

I'm pretty sure Babbage's is separate from EB (it's part of the Funcoland/Software ETC chain) but I've had minor problems with them only in dealing with GameBoy games. One (an old one, Link's Awakening, non-DX too) had a dead battery, and my copy of Metroid Fusion--which I paid for as new--had obviously been already used, and in fact had no shrinkwrap. Both those were cases where I should've known better, though (well, I now know to force them to check the battery on carts, that is).

I'm a pretty lucky guy otherwise.

[nesuser2]

i think you're right, EB is kind of stand alone......unless you count it's other name.....electronics boutique......something along those lines. what a horrible name for a store though. and then the rest are all together and no home for gamecrazy? i think they are seperate as well but i'm not sure.....

[Ed Oscuro]

I thought EB was the acronym for Electronics Boutique. Yeah, I guess it would only be that one store then. These EB topics I'm reading all the time remind me a lot of the way it is inside a Babbage's though x_x

[Oobgarm]

I'm pretty sure Babbage's is separate from EB (it's part of the Funcoland/Software ETC chain) but I've had minor problems with them only in dealing with GameBoy games.

Each of these companies(along with their other brand names) are their own entity:

EB/Electronics Boutique/EB Games

Babbage's/Gamestop/Funcoland/Software Etc.

Game Crazy/Hollywood Video

And I think that the Cap'n says it best when it comes to this topic:


-_-

[Captain Wrong]

Yup, CW has my feelings exactly. :)

I don't care if the game is sealed or not as long as it IS new and everything is in pristine shape (and if it's not I'll take it back and get another) and I always ask questions and inspect CD's of used games or what not. I'm known on a first name basis in my local EB anyway, so they expect that from me. :D

I think we may be -_- ing for different reasons...I'm just sick of the weekly EB/Funco pigpile that has become ineviatable around here. Not that I disagree. I just feel if you don't like a store's policies and you continue to shop there, you have signed off on your right to complain.

[vincewy]

As a collector of Dreamcast games, here're my experience with the new game systems to differentiate factory-sealed and resealed games (US games):

PS1, PS2 and XBox - all factory sealed games come with folded seals on edge (not heat shrinkwrap), as well as stickers on top for PS2 and on the side for Xbox, but someone can carefully leave the sticker in tact and reapply so I'd judge the shrinkwrap ONLY.

Gamecube and GBA - No factory sticker and significant % of GC games and all GBA games use heat shrinkwrap, so avoid buying GC and GBA games from Gamestop and EB all together. I'd only buy from Best Buy (at least you get to choose the copy you want), TRU, and Target.

Dreamcast - I know only a few games come with heat shrinkwrap from factory with seal acroos back middle of the case (a few early Acclaim release and those with double CD case), else all other games come with folded shrinkwrap.

Heat shrinkwraps are so easily accessible, in fact, I'll be getting one soon myself to recondition my new DC games with cracked cases, but this is different case as I know myself these are new, I won't even look at a game when I was offered a game with heat shrinkwrap at Gamestop, I simply refused to buy them and tell them to shove in your @%$.