EB sells open games as NEW (another discussion)

arborsnow

arborsnow

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Did EB just do something illegal?

I was at eb the other day and decided to buy Battlefield 2 Modern Combat. I get home and the game isn't shrinkrapped, it just has one of the circle stickers on the opening, and the disc had dust and a tiny little scratch on it.

It was obviously a used game they sold me for the new price. The game is fine and it has no problems but isn't that kind of f'd up? Can they do that?

I don't think I could prove anything because I already opened it. But I know they keep track of returned games.

What do you guys think about that?
 
[quote name='arborsnow']I was at eb the other day and decided to buy Battlefield 2 Modern Combat. I get home and the game isn't shrinkrapped, it just has one of the circle stickers on the opening, and the disc had dust and a tiny little scratch on it.

It was obviously a used game they sold me for the new price. The game is fine and it has no problems but isn't that kind of f'd up? Can they do that?

I don't think I could prove anything because I already opened it. But I know they keep track of returned games.

What do you guys think about that?[/QUOTE]
Welcome to life? Sarcasm aside, EB does this all the time - they "gut" at least one copy of a game to display the case on the sales floor. This is their method of showing that a game is in stock. Ethical or no, it's the system they've always followed. It's NOT a used game - it is new - but if you don't like it I guess you can just go elsewhere like we all do.
 
Its probably not the best practice, but more than likely a mistake at the register. Ive never had problems buying from EB and not recieving new product.
 
That's why they call their used games "pre-played". Although your game was opened, moved around, and scratched up :oldman: their claim is "it's never been played".

Same thing happened to me when I bought X-Men Legends (1) for $14.99 "new". The reason it was opened is for security purposes. I was rather pissed that I missed out on my New Game Smell, so my friend let me smell his copy the next day when he opened his :)

In the future, just ask them if they have any more copies in the back that you can buy still-sealed. They might make a bit of a fuss, but they'll cave if you're nice about it.
 
There's tons of threads on this. It's the display box and the disc is kept behind the counter to prevent theft. Since you broke the seal, the only thing you can do is take it back if it doesn't work. You have the right to refuse to purchase the game or take it back before the seal is broken.
In most cases this is their final copy so you will not be able to get a replacement.
 
More than likely it was a display copy at some point, and 1 of the employees took it home to play. Its a normal practice at GameStop and EB. And somehow, it's legal.
 
It's probably a "new" copy as in, its never been played. But it probably got dust and a scratch in the process of putting the disc in one of those sleeves behind the counter. I almost never buy the gutted copy of a game cuz it annoys me. However, if I do buy it, I ask to look at it first, cuz sometimes it does get scratched.
 
I agree, OP, I think that the concept of selling a used game for a new price is pretty absurd. It really isn't all about the marginal price difference either; the fact that they expect you think that you're buying a new product comes across as condescending. It seems that "new" no longer has an overt definition, as EBgames interprets "new" as meaning "Clearly opened in the past".

Granted, if the cashier/worker tells you beforehand that the game is not shrinkwrapped and asks whether or not you want it, that is fine.
 
Yeah, what everyone else said. Usually, the EB sales person will say, "The only copy we got is the display copy, it hasn't been played, just put on display, is that ok?" and at that point, you can usually turn it down or buy it. If the guy didn't tell you that up front, then that's his fault... but usually it's legit cause they sell, "pre-played" and not "Pre-Opened" games.
 
lol, that exact same thing happened to me. when san andreas came out for the xbox, i went down to all the game stores in a 25 miles radius, with no luck finding it. i finally went into this game store called GameScape and they told me that they never recieved there shipment, but they did have one used if i wanted to buy it. i thought they would knock somekind of money off the game since it was used and all, but they charged me full price! if it wasn't for the fact that i wanted to play the game so bad and that i drove 25 miles to get there, i would of just told them F* u and left the store.
 
[quote name='DaleNixon']Everything ebgames sells is used.[/QUOTE]
Yeah because all those factory sealed games in the back room and glass cases are "used" to hold up the shelves. :roll:
 
I bought a "new" display copy of Suikoden Tactics at an EB the day it came out. It had no fewer than three stickers on the front, but they all came off cleanly so I wasn't too upset about it. I did, however, turn down a display copy of the limited-edition Shin Megami Tensei: Nocturne at a Gamestop before the release of the standard edition, when sealed copies were trading for $80. In hindsight, that was a good decision, because I value the copy of that game I bought sealed (and subsequently opened) at Fry's more than I ever would have valued that one.
 
The flip side of this is when you purchase a used game and they accidentally give you that last new copy instead.
 
I wonder if you bought a real SEALED game from EB, took it home, opened it, admired the art on the CD, put it back in the case and took it back to EB, would they refund you your money if you said it is still new and unplayed?
 
I say that buying a gutted copy as new is one thing but when the gutted copy has scratches, that's unacceptable. I'd take it back immediately and to hell with their policy of once you open that shitty seal you can't return it.
 
[quote name='SolidSnakeX99']I wonder if you bought a real SEALED game from EB, took it home, opened it, admired the art on the CD, put it back in the case and took it back to EB, would they refund you your money if you said it is still new and unplayed?[/QUOTE]

Ahh that's an interesting way of putting it. Great point though. Your trusting them that its never been played, why shouldn't they trust you that it hasn't been played.
 
[quote name='RedvsBlue']I say that buying a gutted copy as new is one thing but when the gutted copy has scratches, that's unacceptable. I'd take it back immediately and to hell with their policy of once you open that shitty seal you can't return it.[/QUOTE]
It depends on the scratch. I've had factory sealed games with light scratches on them. If it seems like the scratch can affect gameplay then I know my manager would take the game back without much hassle. It depends on the EB but if the manager is good peoples he'll ignore the stupid seal policy.
But it is a good practice when you buy pre-played or gutted display copies to ask to see the disc first.
 
[quote name='RedvsBlue']Ahh that's an interesting way of putting it. Great point though. Your trusting them that its never been played, why shouldn't they trust you that it hasn't been played.[/QUOTE]
I had a customer bring back Everquest 2 saying he did not know that you had to pay money for it monthly. My manager asked if he installed it and the person said no he just read it in the booklet. So he accepted it back even though it was opened. It's really a YMMV situation.
 
[quote name='AngellicLulu']It depends on the scratch. I've had factory sealed games with light scratches on them. If it seems like the scratch can affect gameplay then I know my manager would take the game back without much hassle. It depends on the EB but if the manager is good peoples he'll ignore the stupid seal policy.
But it is a good practice when you buy pre-played or gutted display copies to ask to see the disc first.[/QUOTE]

Yes but by opening that copy and storing it behind the desk they should be taking the responsibility of the condition of the product on themselves. If it was scratched right out of the packaging (which I've never seen in all my years of buying games but I'm not going to call you a liar because I don't think its impossible) then that's a risk they have to take.

Plain and simple though, this whole opened as new thing is due to the cheapness of EB and GS. Best Buy and Circuit City sell new games that aren't behind glass and they don't have gutted floor copies. Why can't EB and GS use a similar type of product to secure their floor copies? I mean its not like they would need nearly as many a BB or CC because they could still keep the bulk of their games behind the glass or in the back.
 
[quote name='AngellicLulu']It depends on the scratch. I've had factory sealed games with light scratches on them. If it seems like the scratch can affect gameplay then I know my manager would take the game back without much hassle. It depends on the EB but if the manager is good peoples he'll ignore the stupid seal policy.
But it is a good practice when you buy pre-played or gutted display copies to ask to see the disc first.[/QUOTE]

You sound like you have a decent manager, the only problem is that not all of their managers would do this because it isn't a company policy. The gutted floor copy is a policy though...
 
[quote name='RedvsBlue']Yes but by opening that copy and storing it behind the desk they should be taking the responsibility of the condition of the product on themselves. If it was scratched right out of the packaging (which I've never seen in all my years of buying games but I'm not going to call you a liar because I don't think its impossible) then that's a risk they have to take.

Plain and simple though, this whole opened as new thing is due to the cheapness of EB and GS. Best Buy and Circuit City sell new games that aren't behind glass and they don't have gutted floor copies. Why can't EB and GS use a similar type of product to secure their floor copies? I mean its not like they would need nearly as many a BB or CC because they could still keep the bulk of their games behind the glass or in the back.[/QUOTE]
The difference b/w GS/EB and BB/CC is that GS/EB only sell games and only have about 5 employees total, usually only 1 or 2 working at a time. BB/CC has more advanced security measures because they can afford it. They are bigger companies. It's really not fair to compare a small company to a large one. Also BB/CC get alot of stolen merchandise, including games. EB/GS barely have any mechandise stolen. You may not approve of their method but someone will ultimately buy that gutted copy, so they don't really care because the system works. Maybe if there was a lawsuit brought up and they lost, then they'd change their policies.
 
Speaking of gutted copies, my room-mate used to work at this privately owned gameshop in a mall. They kept all the discs in one big 350 disc folder behind the register. Needless to say the folder got stolen at least once. Yeah that's stupid. :lol:
 
You can return it for a full refund or exchange. Because they sold it "new" and opened. So you can get the credit back on it as "new" since it was opened when you bought it. I did this with a game from Gamestop before.
 
[quote name='AngellicLulu']The difference b/w GS/EB and BB/CC is that GS/EB only sell games and only have about 5 employees total, usually only 1 or 2 working at a time. BB/CC has more advanced security measures because they can afford it. They are bigger companies. It's really not fair to compare a small company to a large one. Also BB/CC get alot of stolen merchandise, including games. EB/GS barely have any mechandise stolen. You may not approve of their method but someone will ultimately buy that gutted copy, so they don't really care because the system works. Maybe if there was a lawsuit brought up and they lost, then they'd change their policies.[/QUOTE]

I'm not talking about having a million dollar security system. I'm talking about putting those clear plastic cases on games. They stay sealed but can't be stolen. Sure someone could grab one and run out the door but there's plenty of other stuff at EB and GS that they could do this with as well.
 
[quote name='RedvsBlue']I'm not talking about having a million dollar security system. I'm talking about putting those clear plastic cases on games. They stay sealed but can't be stolen. Sure someone could grab one and run out the door but there's plenty of other stuff at EB and GS that they could do this with as well.[/QUOTE]
Do you realize just how many clear cases each EB would have to have? And they'd have to change their shelves and installation would take time. Also it's just as easy to walk out with one of those cases to break open later. Having one or two employees watching the store it's hard to keep track of them.
EB/GS has chosen the most cost-effective policy for displaying games. (That is until someone manages to get a lawsuit against EB/GS). Many people complain about the gutted copies but there's just as many Joe Shmoe's who don't give a rat's ass cause they want to play the game. Until these Joe Shmoe's are enlightned that they should not accept such a policy, EB/GS will still find gutted copies to be the most cost-effective solution.
 
[quote name='AngellicLulu']Do you realize just how many clear cases each EB would have to have? And they'd have to change their shelves and installation would take time. Also it's just as easy to walk out with one of those cases to break open later. Having one or two employees watching the store it's hard to keep track of them.
EB/GS has chosen the most cost-effective policy for displaying games. (That is until someone manages to get a lawsuit against EB/GS). Many people complain about the gutted copies but there's just as many Joe Shmoe's who don't give a rat's ass cause they want to play the game. Until these Joe Shmoe's are enlightned that they should not accept such a policy, EB/GS will still find gutted copies to be the most cost-effective solution.[/QUOTE]
Said schmo here knows how they work, and does the following:

1) I ask for a new and sealed copy whenever possible, and if they have one, I buy that one.
2) If a new and sealed copy isn't available, and the only copies are gutted copies, I inspect the disc before they seal it up. If it has any scratches that show use, I don't buy it. If there aren't any, they seal it up and buy it.

Do I wish EB & GS did the system like TRU with display cases? Heck yes. Is it going to happen? Nope.

As Lulu said above, they're doing what they have decided is the most cost-effective business. If I truly want new & sealed 100% of the time (in theory, at least), I'll order it online and deal with shipping.
 
Whoops, didn't notice this thread and started a new one, well here's what I was going to say:
At my EBgames there are 2 sections in each systems spot on the wall. Hlaf for New games, and half for Used games. In the new section they have a bunch of gutted boxes just like the used section. When you take the box upyou want if you don't specifically say "Hey do you have a shrinkwrapped copy behind the counter?" (My EBstocks alot of games behind the counter, not sure about others), then they will just get the contents of the case out of the bag stick it in the box, which I m9ight add usually has 2-3 of the Yellow stickers on it, and charge you the full price of a new game.
 
[quote name='thespillcanvas']Whoops, didn't notice this thread and started a new one, well here's what I was going to say:
At my EBgames there are 2 sections in each systems spot on the wall. Hlaf for New games, and half for Used games. In the new section they have a bunch of gutted boxes just like the used section. When you take the box upyou want if you don't specifically say "Hey do you have a shrinkwrapped copy behind the counter?" (My EBstocks alot of games behind the counter, not sure about others), then they will just get the contents of the case out of the bag stick it in the box, which I m9ight add usually has 2-3 of the Yellow stickers on it, and charge you the full price of a new game.[/QUOTE]
I don't get this. The purpose of the gutted copy is to only sell it when it's your last copy. Why would you keep selling a copy only to gut another sealed one? Eb has a back room and glass cases, FULL of sealed games. Your EB either only has one copy of each game, you're exaggerating or your EB has a whacked out method.
 
[quote name='AngellicLulu']Do you realize just how many clear cases each EB would have to have? And they'd have to change their shelves and installation would take time. Also it's just as easy to walk out with one of those cases to break open later. Having one or two employees watching the store it's hard to keep track of them.
EB/GS has chosen the most cost-effective policy for displaying games. (That is until someone manages to get a lawsuit against EB/GS). Many people complain about the gutted copies but there's just as many Joe Shmoe's who don't give a rat's ass cause they want to play the game. Until these Joe Shmoe's are enlightned that they should not accept such a policy, EB/GS will still find gutted copies to be the most cost-effective solution.[/QUOTE]

I like Gamecrazy's approach of putting all the sealed games on the wall behind the counter much, much better. There's a reason why I shop there so often.
 
I still haven't heard of anyone's EB doing what mine does. That is, you bring up an empty box or ask for a game, and (last time I did this), they unwrapped a box. An empty box. That was sealed. And then popped a disc in and gave it to me. I would have said something but I had never been more confused by what I was witnessing. Luckily the disc was fine, so I didn't really care. Anyway, now I'm just hoping they don't have any issue with me returning an SNES game that's still stapled in its little baggie.
 
No idea on the last copy part. I don't go there very much but when I have the new games I get are always the gutted ones. When I first got my Gamecube (nowhere near launch date, wasn't until it went down to $100) I bought around 6 new games with it and only 1 (Wind Waker) was shrinkwrapped.
 
[quote name='sonarrat']I like Gamecrazy's approach of putting all the sealed games on the wall behind the counter much, much better. There's a reason why I shop there so often.[/QUOTE]
I've never been in a GameCrazy (none anywhere around). It probably would work, but I can't see there being enough space for all the sealed games. o_O
 
As an employee of GS and also as a gamer/collector, I'm torn between both sides of the issue. On one hand, I prefer to have my new games sealed and will only buy a new game sealed unless I really want it to warrant a gutted buy. On the other, it's my job to gut games and put them out on the floor to showcase what we have for purchase. Trust me, I love having the cases out there because it's less time that customers keep having to ask me what a game looks like or what the game is about and more time I get to get other important stuff done. Not that I don't like talking to customers, but having every customer ask what a game looks like would get to be a real pain in the ass after a bit.

As for display cases, we just don't get good ones like TRU, otherwise we would use them for sure.

As for how I do things: If we have a sealed copy, the customer gets that. It's the unlucky sap that gets the last copy, which is the gutted copy. Even then I tell them that the copy was gutted and that if it's ok. I just don't like EB's policy of gutting lots of the same game. That's just pointless.
 
If its new and opened another option is ask them so you can check out the disc, you can always deny it if you don't want it, its not like if they're going to give you the last open gutted option you have to pay right there. Or shop elsewhere.
 
[quote name='AngellicLulu']I've never been in a GameCrazy (none anywhere around). It probably would work, but I can't see there being enough space for all the sealed games. o_O[/QUOTE]

It's a pretty damn big wall. :D They keep the older stock in shelves underneath The Wall, so you can still see it (though not the prices).
 
[quote name='Kuros']
I just don't like EB's policy of gutting lots of the same game. That's just pointless.[/QUOTE]
That's not EB policy. I've never heard of an EB gutting multiple copies of a game and they don't do it at my store.
 
[quote name='AngellicLulu']That's not EB policy. I've never heard of an EB gutting multiple copies of a game and they don't do it at my store.[/QUOTE]

Must be where I live then. The EBs where I live will have multiple gutted copies of the same game.

:/
 
[quote name='AngellicLulu']Do you realize just how many clear cases each EB would have to have? And they'd have to change their shelves and installation would take time. Also it's just as easy to walk out with one of those cases to break open later. Having one or two employees watching the store it's hard to keep track of them.
EB/GS has chosen the most cost-effective policy for displaying games. (That is until someone manages to get a lawsuit against EB/GS). Many people complain about the gutted copies but there's just as many Joe Shmoe's who don't give a rat's ass cause they want to play the game. Until these Joe Shmoe's are enlightned that they should not accept such a policy, EB/GS will still find gutted copies to be the most cost-effective solution.[/QUOTE]

The game takes up maybe an inch or two more on the shelf and that is mostly either on the top or bottom. Installing all the games into the cases would probably take 4-5 manhours at best. Also if they were worried about people running out the door with product then why not lock everything up in cases and not let anyone touch anything? There's plenty of stuff at the average game store that isn't in cases and is sitting out that could be grabbed and run out the door with. The cases also have a soft tag in them so you can't just casually walk out the door without the sensors going off.
 
[quote name='Kuros']Must be where I live then. The EBs where I live will have multiple gutted copies of the same game.

:/[/QUOTE]

It isn't just your store, with some of the big name releases I've seen anywhere from 5-10 (sometimes more) gutted copies on the floor at my store.
 
I really truely doubt that the gutting will ever stop. As stated before, it is the most cost effective way for them to display what they have. If there is a sealed copy of the game you are purchasing, then you will get that copy (at least at my GS) and if it is the last copy, you are informed that it is and the reasoning behind it is so we can show what we have in stock and to stop people from stealing. If we left the discs in the cases, so many of them would grow legs and walk right out the door without us knowing until out inventory came around. We'll show the disc to the customer and then seal it up, whether that be by a circle seal over where it opens, or a plastic baggy that seals up with glue.
 
[quote name='Kuros']Must be where I live then. The EBs where I live will have multiple gutted copies of the same game.

:/[/QUOTE]
Could be. Different districts have different policies but you'd think since Gamestop is running the show now they'd tell them it's dumb :lol:
 
[quote name='Kuros']Must be where I live then. The EBs where I live will have multiple gutted copies of the same game.

:/[/QUOTE]

I do see multiple gutted copies of "hot new releases." I saw a row of Star Wars Battlefront IIs for PSP, all $49.99, all gutted. And unfortunately, Gamestop does this even more than EB does.
 
[quote name='Kuros']Must be where I live then. The EBs where I live will have multiple gutted copies of the same game.

:/[/QUOTE]

That's how the one near me is. It's not such a big of a deal for me if it's open if it's in good condition but they usually have like 2-3 of those yellow stickers on them which leave marks all over the case.
 
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