Not For Resale

-Phantom-

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I recently had to refund a eBayer's payment due to my negligence. I purchased a GameCube Pokemon XD bundle and decided I could do without the game. So before opening the bundle I listed the item with a Buy It Now option and needless to say, it sold. My question is, what exactly can one do with a sealed copy of a game marked NOT FOR RESALE?

I am 100% sure a large number of people would have just finished the deal, but the $50 is simply not worth the risk of legal liability.
 
[quote name='ZForce915']You could offer something else in the auction and say the Pokemon disk is free the the purchase of that other item.[/QUOTE]

I like that idea... Would trading the game in for store credit at BlockBuster be considered a resale? :)
 
[quote name='-Phantom-']I like that idea... Would trading the game in for store credit at BlockBuster be considered a resale? :)[/quote]

GS resells them all the time. I think its just to keep retailers from opening the packages and selling the game separately. You should have no problem selling it online.
 
As long as you mention that it was the bundled version of the game and labeled Not For Resale to the buyer, you should be okay as that way he knows what he is getting. Many people list Not For Resale promo and bundle bonus games on Ebay and unless they recently started cracking down on them, you probably would not have a problem. As far as Blockbuster, you may want to try to trade it as a Disk only unless it says Not For Resale on the game disk as well since sometimes they may refuse it in the package since it will have no Barcode for them to scan.
 
Wow, I dont mean to be rude but lets use some common sense. Items marked "NOT FOR RESALE" only apply to the retail stores that the items are being sold in. That means they( the retail store) can not seperate the game from the system and sell them seperately. Once you buy the bundle, you can do whatever the hell you wish with it. The only thing you might want to do is mark your auction somehow so that potential buyers are aware of the fact that they are getting a bundled copie of the game instead of the regular retail edition, thats just incase there is a difference in the packaging.
 
[quote name='battleroyal33']Wow, I dont mean to be rude but lets use some common sense. Items marked "NOT FOR RESALE" only apply to the retail stores that the items are being sold in. That means they( the retail store) can not seperate the game from the system and sell them seperately. Once you buy the bundle, you can do whatever the hell you wish with it. The only thing you might want to do is mark your auction somehow so that potential buyers are aware of the fact that they are getting a bundled copie of the game instead of the regular retail edition, thats just incase there is a difference in the packaging.[/QUOTE]

You would think it would be that cut and dry, unfortunately it is not. Yet I still live on the edge and cut my mattress tags completely off! :)
 
Personally I would have just mentioned in the listing that it is marked 'not for resale' and/or included a pic that clearly showed that label and left it at that.

Selling it without mentioning that in the listing would be shady.

Not for resale on a game packed in with a system is pretty clearly meant to prevent a retailer from 'unbundling' the bundle for profit. Once you buy the full bundle it's yours, and you can split it up or whatever as you see fit. (But IANAL :mrgreen: )

I don't think it's against eBay's rules to sell games marked NOT FOR RESALE, just games that are beta, test, or eval licensed.

Somewhat apples and oranges, but it's like when defender broke the street date for Halo 2 (despite the game being labeled with a big 'Do Not sell Before XX/XX/XXXX' on it) and sold it for $10 over MSRP. He didn't get arrested, but risked pissing off MS I'm sure. But since he was planning to sell the business he probably didn't give a rat's ass on that one.
 
[quote name='wubb']Personally I would have just mentioned in the listing that it is marked 'not for resale' and/or included a pic that clearly showed that label and left it at that.

Selling it without mentioning that in the listing would be shady.

Not for resale on a game packed in with a system is pretty clearly meant to prevent a retailer from 'unbundling' the bundle for profit. Once you buy the full bundle it's yours, and you can split it up or whatever as you see fit. (But IANAL :mrgreen: )

I don't think it's against eBay's rules to sell games marked NOT FOR RESALE, just games that are beta, test, or eval licensed.

Somewhat apples and oranges, but it's like when defender broke the street date for Halo 2 (despite the game being labeled with a big 'Do Not sell Before XX/XX/XXXX' on it) and sold it for $10 over MSRP. He didn't get arrested, but risked pissing off MS I'm sure. But since he was planning to sell the business he probably didn't give a rat's ass on that one.[/QUOTE]

I think your correct about the unbundling (...you too battleroyal33...), but after looking through eBay's prohibited items I confused myself. None the less I had not mentioned the NOT FOR RESALE branding in my listing so a refund was due on my behalf.

Why is Tux so sad? :)
 
You could try asking eBay about it. I wonder if they would flat out say it's okay to sell, or puss out? I find they sometimes simply don't respond at all.

[quote name='-Phantom-']Why is Tux so sad? :)[/QUOTE]

Because he's forced to read all of my posts, of course. :mrgreen:
 
Zelda Collector's Edition (I can't remember what it was a bonus for/bundled with at the moment) is labeled NOT FOR RESALE and there's a bunch of them on eBay and selling at Gamestop
 
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