I have had a problem with EB Games for the past 3 years. Here is the major problem. When I pay for a new sealed game, they grab a case from the shelf, pull an opened game from the drawer and put a sticker on it. I have a problem with it because sometimes the game is scratched. How is this a new game? I am from Kentucky. According to Kentucky State Law, Electronics and Software that are "Factory Sealed" can be sold as new. ANYTHING, and I mean ANYTHING that has the security seal or factory seal broken is used. Which means you have to sell it as used. Which means if someone at lets say, Best Buy,opens a piece of software that is factory sealed they have to sell it as an opened or returned item. Now here is where the suit comes in. Have any of you had any of these problems at EB Games? If so would anyone join me in a class action suit? Has this happened in any other states besides Kentucky. I have done alot of reasearch on this problem. I have contacted the Kentucky State Office of Consumer Sales about this problem, and they seem to agree with me about this whole situation. Do any of you?
If I were to sue EB Games........
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TJordan522
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I agree. They do it here in NJ too.
pimpinc333
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I agree with it but taking it as high as to sue them. What would you get out of this? A new game? But it could help EB stop selling games that way though.
Good luck to ya.
Good luck to ya.
I just want them to pay for all court cost that this will have, and for them to change their rules on selling games. I feel that I am getting ripped off. They are a multi-million dollar company, you think that they could afford to sell opened games as used. Or atleast buy display boxes, so they do not have to open new games. I know I am not the only one out here getting ripped by EB Games.
Puhl-lease! When EB gets new games in, the put most of em in the back room or a glass case, then they "gut" some of them to put on display. They certainly aren't going to put the full game out on the wall for someone to steal. The open the game, pull out the disk, throw it in a drawer and put the case out on the shelf so customers know they have the new game in stock. IT'S JUST HOW EB WORKS. DEAL WITH IT. Of course, they sell all the sealed copies first, but eventually, someone's gonna get the last one, which is the opened display copy. The remove the new, never used disk from their drawer/sleeve/whatever from behind the counter and put it in the case and then put that sticker on it.
Don't like it, shop somewhere else.
Xphyle
Don't like it, shop somewhere else.
Xphyle
EB and Gamestop have been doing this for a long time. People have been complaining about it for a long time. I doubt you will get anywhere with this. The stores take always remove the disks from the cases of display copies to prevent shoplifting. They are protecting themselves from shoplifters and you want to penalize them for it. If you don't want the display copy - don't buy from them. Walk out of the store and buy somewhere else instead of crying about it later.
I am very interested in this law that you are talking about - can you furniish the specific section of Kentucky law that you are referring to? What does it say about electronics and software that never had a factory seal to begin with?
I am very interested in this law that you are talking about - can you furniish the specific section of Kentucky law that you are referring to? What does it say about electronics and software that never had a factory seal to begin with?
hollowfreak
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Yeah, Gamestop does that also. Stuffing a "new" case with a disc in a sleeve and a manual. I'll admit the first time it happened to me it pissed me off too. Fortunately there were no scratches ... if there were I'd have to sue their asses! 
Mr_hockey66
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I would happened to me twice. Baught a new copy of buffy the vamp slayer. Disc was crathed and they didn't even give me a new case just a plain green one! Then I baught mark of kri and it was in the fake shrink wrap and it didn't even work! Those bastards. But yes where do I sign. Good luck with all that to. They should be sued over it.
Follandboy
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I am not a lawyer or anything, but from your information, I think you have grounds for legal action. If the price tag says that the game is new, that means that it should not have been opened. Grocery stores do not put empty ceral boxes on thes elves and refill them at check out and call it new cereal. There are easier ways to deal with shoplifting rather than sell their customers games that are not new. If you happen to get the last copy and have to get the display case, you deserve to be told that the disk is new, but the overall product is not. Because of this, the buyer deserves a discount. I am sending this to ebgames help right now.
Follandboy
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I have just sent the following email to customer support at Ebgames:
Myself and several others have purchased games from your stores which are advertised on the shelf as being new. When we have taken the case to the desk, a disk is pulled out of a drawer and put in to the case and a sticker is placed on this. How can this be "new". According to some state laws, Electronics and Software that are "Factory Sealed" can be sold as new. Anything, that has the security seal or factory seal broken is used. Which means you have to sell it as used. It seems as though this is against the law and the customers of your stores are getting ripped off. I understand that this is a way to stop shoplifting, but there are other ways to do this than to take advantage of honest customers. I am wondering, how to can do this and what legal grounds you have on selling these opened games as New?
Thanks
I encourage anyone else that is mad with this polocy does the same.
Myself and several others have purchased games from your stores which are advertised on the shelf as being new. When we have taken the case to the desk, a disk is pulled out of a drawer and put in to the case and a sticker is placed on this. How can this be "new". According to some state laws, Electronics and Software that are "Factory Sealed" can be sold as new. Anything, that has the security seal or factory seal broken is used. Which means you have to sell it as used. It seems as though this is against the law and the customers of your stores are getting ripped off. I understand that this is a way to stop shoplifting, but there are other ways to do this than to take advantage of honest customers. I am wondering, how to can do this and what legal grounds you have on selling these opened games as New?
Thanks
I encourage anyone else that is mad with this polocy does the same.
Scrubking
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Yeah, EB has some shady practices. I ordered from them online a few days ago and I decided I wanted to cancel so I could redo my order. I called to cancel less than an hour after making the order and the lady tells me that they can't cancel the order cause they put the sticker on the box. WTF?? How about you throw the box in the garbage and cancel the order? I worked in a warehouse before so that is bullshit. I guess they think that you are more likely to keep the order if you get it at home.
supermariomelee
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[quote name='punqsux']i dont understand why eb just dosnet get empty boxes of the games...i mean toys r us does it, so it cant be that hard...[/quote]
Or just do what they do with pre-orders and just put cardboard boxes out. That way they don't have to gut them.
Or just do what they do with pre-orders and just put cardboard boxes out. That way they don't have to gut them.
"i dont understand why eb just dosnet get empty boxes of the games...i mean toys r us does it, so it cant be that hard... "
Because its extremely expensive, and because the profit margin on new games is pretty much nothing. When EB buys games from the companies like EA, Sony, etc... they are paying 36 dollars, for a 39.99 game. After shipping costs they are making maybe 2 dollars a game. Why do you think they always try to add on strategy guides, or have you purchase a used copy. If you have a problem with them giving you the last copy. Then just Don't buy it.
Because its extremely expensive, and because the profit margin on new games is pretty much nothing. When EB buys games from the companies like EA, Sony, etc... they are paying 36 dollars, for a 39.99 game. After shipping costs they are making maybe 2 dollars a game. Why do you think they always try to add on strategy guides, or have you purchase a used copy. If you have a problem with them giving you the last copy. Then just Don't buy it.
[quote name='Follandboy']I am not a lawyer or anything, but from your information, I think you have grounds for legal action. If the price tag says that the game is new, that means that it should not have been opened. Grocery stores do not put empty ceral boxes on thes elves and refill them at check out and call it new cereal. There are easier ways to deal with shoplifting rather than sell their customers games that are not new. If you happen to get the last copy and have to get the display case, you deserve to be told that the disk is new, but the overall product is not. Because of this, the buyer deserves a discount. I am sending this to ebgames help right now.[/quote]
A. You have the right to refuse the sales when you are aware they are giving you the display copy.
B. There is no law clearly defining when a video game is used and when it is new.. however, a court is very likely to agree with EB's argument that a game that has never been in a console, is still new.
C. At what point did the overall product not become new? The disc has never been in a console, the manual has never been read, the case has barely been handled. The same basic level of newness would be your average game at a retailer such as Best Buy that leaves their games on display.
D. Use this for instance: An auto parts retailer (such as Autozone, Pep Boys or the like) has parts boxed on shelves. A customer comes in, asks to see a MAF for a 96 Mustang. The parts counterman gets said part from the back, removes it from the box and hands it to the customer for their inspection. For whatever reason, the customer does not purchase said part and the part is returned to its now-open box and replaced on the shelf... Now, when you come in to purchase a MAF for a 96 Mustang, should you pay 1/2 price because once the product has left its box it is now used?
Obviously not, and this is basically the exact same situation, except here the customer has handled the product, and in the particular situation we're dealing with at EB, no customer has handled the disc.
edit - Forgot to finish my thought... There is no basis for a lawsuit here. Every legal amatuer can come out and try to explain how these games are not "new".. however, you'd be wrong. The best you could hope for is to have EB give you a free game for your bitching. And people, stop being so f'ing anal about things.. if you want your precious shrinkwrap, refuse that copy and go buy it somewhere else. Stop bitching about it here.
A. You have the right to refuse the sales when you are aware they are giving you the display copy.
B. There is no law clearly defining when a video game is used and when it is new.. however, a court is very likely to agree with EB's argument that a game that has never been in a console, is still new.
C. At what point did the overall product not become new? The disc has never been in a console, the manual has never been read, the case has barely been handled. The same basic level of newness would be your average game at a retailer such as Best Buy that leaves their games on display.
D. Use this for instance: An auto parts retailer (such as Autozone, Pep Boys or the like) has parts boxed on shelves. A customer comes in, asks to see a MAF for a 96 Mustang. The parts counterman gets said part from the back, removes it from the box and hands it to the customer for their inspection. For whatever reason, the customer does not purchase said part and the part is returned to its now-open box and replaced on the shelf... Now, when you come in to purchase a MAF for a 96 Mustang, should you pay 1/2 price because once the product has left its box it is now used?
Obviously not, and this is basically the exact same situation, except here the customer has handled the product, and in the particular situation we're dealing with at EB, no customer has handled the disc.
edit - Forgot to finish my thought... There is no basis for a lawsuit here. Every legal amatuer can come out and try to explain how these games are not "new".. however, you'd be wrong. The best you could hope for is to have EB give you a free game for your bitching. And people, stop being so f'ing anal about things.. if you want your precious shrinkwrap, refuse that copy and go buy it somewhere else. Stop bitching about it here.
[quote name='Knewlio']Why do you allow yourself to be ripped off, if it bothers you so much? Take your business elsewhere.[/quote]
I agree. There are way to many store options these days to put up with that crap. Besides, I've found that EB usually has the worst prices.
I agree. There are way to many store options these days to put up with that crap. Besides, I've found that EB usually has the worst prices.
Follandboy
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The bottom line is that a game that is opened is not NEW! There is no way around it.
I agree 100% w/ Cornfedwb on this one. Just because the shrinkwrap has been removed doesn't make the game used. I'll inspect the "display" copies, just to make sure they aren't scratched, but beyond that I could care less if the pastic is there or not. I have to remove it anyway to play the game.
And like it's been said hundreds of times before, if it bothers you that much shop somewhere else.
And like it's been said hundreds of times before, if it bothers you that much shop somewhere else.
[quote name='Follandboy']The bottom line is that a game that is opened is not NEW! There is no way around it.[/quote]
Did you read my example? I realize you may not like them selling display copies as new. But they are new. The bottom line is you're wrong, plain and simple.
Did you read my example? I realize you may not like them selling display copies as new. But they are new. The bottom line is you're wrong, plain and simple.
Here's the problem with EB though
THey don't always just open the copy, put the game in a drawer and throw the empty case on the shelf.
EB employees are allowed to "test" games out, meaning that they can bring the game home for about a week to play as much as they want. All they have to do is return the game in "new" condition. EB then just reseals the game and sells it as new.
And that is wrong.
If the pre-manufactured "Empty Boxes" are so expensive, then EB should stop having 10 or more "pre-order" boxes for every new game printed up *months* before their release. Then, perhaps EB could afford to get the empty boxes printed up for games that they're actually selling. Or they could simply get game manufactures to send them "Display Boxes" as an incentive for EB to carry their products....
THey don't always just open the copy, put the game in a drawer and throw the empty case on the shelf.
EB employees are allowed to "test" games out, meaning that they can bring the game home for about a week to play as much as they want. All they have to do is return the game in "new" condition. EB then just reseals the game and sells it as new.
And that is wrong.
If the pre-manufactured "Empty Boxes" are so expensive, then EB should stop having 10 or more "pre-order" boxes for every new game printed up *months* before their release. Then, perhaps EB could afford to get the empty boxes printed up for games that they're actually selling. Or they could simply get game manufactures to send them "Display Boxes" as an incentive for EB to carry their products....
Follandboy
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If EBgames sells New games that are opened then why cant we return games that are opened? Also what is stopping them from selling used games as new? The only way the customer knows that they are getting a New game is that the Shrink Wrap is on it. I will let everyone know what ebgames customer support says, when they reply.
I really detest EBgames for this reason and its part of why its my goal to get as much out of them as possible . . .
see this thread for my Steel Battalion story
http://www.cheapassgamer.com/forum/viewtopic.php?t=45253
see this thread for my Steel Battalion story
http://www.cheapassgamer.com/forum/viewtopic.php?t=45253
[quote name='guest2']Here's the problem with EB though
THey don't always just open the copy, put the game in a drawer and throw the empty case on the shelf.
EB employees are allowed to "test" games out, meaning that they can bring the game home for about a week to play as much as they want. All they have to do is return the game in "new" condition. EB then just reseals the game and sells it as new.
And that is wrong.
If the pre-manufactured "Empty Boxes" are so expensive, then EB should stop having 10 or more "pre-order" boxes for every new game printed up *months* before their release. Then, perhaps EB could afford to get the empty boxes printed up for games that they're actually selling. Or they could simply get game manufactures to send them "Display Boxes" as an incentive for EB to carry their products....[/quote]
So how can a car dealer sell a car thats been test-driven as new?
How can clothing stores sell clothes that people have already tried on?
How can a sporting goods store sell golf clubs that people have tested on their indoor range?
THey don't always just open the copy, put the game in a drawer and throw the empty case on the shelf.
EB employees are allowed to "test" games out, meaning that they can bring the game home for about a week to play as much as they want. All they have to do is return the game in "new" condition. EB then just reseals the game and sells it as new.
And that is wrong.
If the pre-manufactured "Empty Boxes" are so expensive, then EB should stop having 10 or more "pre-order" boxes for every new game printed up *months* before their release. Then, perhaps EB could afford to get the empty boxes printed up for games that they're actually selling. Or they could simply get game manufactures to send them "Display Boxes" as an incentive for EB to carry their products....[/quote]
So how can a car dealer sell a car thats been test-driven as new?
How can clothing stores sell clothes that people have already tried on?
How can a sporting goods store sell golf clubs that people have tested on their indoor range?
Follandboy
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[quote name='guest2']Here's the problem with EB though
THey don't always just open the copy, put the game in a drawer and throw the empty case on the shelf.
EB employees are allowed to "test" games out, meaning that they can bring the game home for about a week to play as much as they want. All they have to do is return the game in "new" condition. EB then just reseals the game and sells it as new.
And that is wrong.
If the pre-manufactured "Empty Boxes" are so expensive, then EB should stop having 10 or more "pre-order" boxes for every new game printed up *months* before their release. Then, perhaps EB could afford to get the empty boxes printed up for games that they're actually selling. Or they could simply get game manufactures to send them "Display Boxes" as an incentive for EB to carry their products....[/quote]
How do you know this happens?
THey don't always just open the copy, put the game in a drawer and throw the empty case on the shelf.
EB employees are allowed to "test" games out, meaning that they can bring the game home for about a week to play as much as they want. All they have to do is return the game in "new" condition. EB then just reseals the game and sells it as new.
And that is wrong.
If the pre-manufactured "Empty Boxes" are so expensive, then EB should stop having 10 or more "pre-order" boxes for every new game printed up *months* before their release. Then, perhaps EB could afford to get the empty boxes printed up for games that they're actually selling. Or they could simply get game manufactures to send them "Display Boxes" as an incentive for EB to carry their products....[/quote]
How do you know this happens?
The Successful Dropout
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[quote name='Cornfedwb'][quote name='guest2']Here's the problem with EB though
THey don't always just open the copy, put the game in a drawer and throw the empty case on the shelf.
EB employees are allowed to "test" games out, meaning that they can bring the game home for about a week to play as much as they want. All they have to do is return the game in "new" condition. EB then just reseals the game and sells it as new.
And that is wrong.
If the pre-manufactured "Empty Boxes" are so expensive, then EB should stop having 10 or more "pre-order" boxes for every new game printed up *months* before their release. Then, perhaps EB could afford to get the empty boxes printed up for games that they're actually selling. Or they could simply get game manufactures to send them "Display Boxes" as an incentive for EB to carry their products....[/quote]
So how can a car dealer sell a car thats been test-driven as new?
How can clothing stores sell clothes that people have already tried on?
How can a sporting goods store sell golf clubs that people have tested on their indoor range?[/quote]
good arguement...but with an employee taking a game home to play it and beat it, they're getting everything out of the product that they can possibly get out of it.....by testing a car, golfclubs, or seeing if clothing fits...you're not getting everything that you can get out of those products....thats of course if the "take it home" testing is actually true, which it probably is
THey don't always just open the copy, put the game in a drawer and throw the empty case on the shelf.
EB employees are allowed to "test" games out, meaning that they can bring the game home for about a week to play as much as they want. All they have to do is return the game in "new" condition. EB then just reseals the game and sells it as new.
And that is wrong.
If the pre-manufactured "Empty Boxes" are so expensive, then EB should stop having 10 or more "pre-order" boxes for every new game printed up *months* before their release. Then, perhaps EB could afford to get the empty boxes printed up for games that they're actually selling. Or they could simply get game manufactures to send them "Display Boxes" as an incentive for EB to carry their products....[/quote]
So how can a car dealer sell a car thats been test-driven as new?
How can clothing stores sell clothes that people have already tried on?
How can a sporting goods store sell golf clubs that people have tested on their indoor range?[/quote]
good arguement...but with an employee taking a game home to play it and beat it, they're getting everything out of the product that they can possibly get out of it.....by testing a car, golfclubs, or seeing if clothing fits...you're not getting everything that you can get out of those products....thats of course if the "take it home" testing is actually true, which it probably is
I completely agree with Cornfedwb. If you don't like EB, why do you continue to shop there? Nobody is holding your hand saying to do so. If you respond that "EB is the only local store", I call BS. Not to mention that you could order the game online from a number of retailers and not have this problem. You might have to wait for the game a few days (boo hoo), but at least you get your new sealed shrinkwrapped copy. The bottom line is that nobody is forcing you to shop there. If you don't like a store's policies, DON'T SHOP THERE.
[quote name='Follandboy'][quote name='guest2']Here's the problem with EB though
THey don't always just open the copy, put the game in a drawer and throw the empty case on the shelf.
EB employees are allowed to "test" games out, meaning that they can bring the game home for about a week to play as much as they want. All they have to do is return the game in "new" condition. EB then just reseals the game and sells it as new.
And that is wrong.
If the pre-manufactured "Empty Boxes" are so expensive, then EB should stop having 10 or more "pre-order" boxes for every new game printed up *months* before their release. Then, perhaps EB could afford to get the empty boxes printed up for games that they're actually selling. Or they could simply get game manufactures to send them "Display Boxes" as an incentive for EB to carry their products....[/quote]
How do you know this happens?[/quote]
Every game store lets it's empoyees take home games, most for 10 days.
~b
THey don't always just open the copy, put the game in a drawer and throw the empty case on the shelf.
EB employees are allowed to "test" games out, meaning that they can bring the game home for about a week to play as much as they want. All they have to do is return the game in "new" condition. EB then just reseals the game and sells it as new.
And that is wrong.
If the pre-manufactured "Empty Boxes" are so expensive, then EB should stop having 10 or more "pre-order" boxes for every new game printed up *months* before their release. Then, perhaps EB could afford to get the empty boxes printed up for games that they're actually selling. Or they could simply get game manufactures to send them "Display Boxes" as an incentive for EB to carry their products....[/quote]
How do you know this happens?[/quote]
Every game store lets it's empoyees take home games, most for 10 days.
~b
[quote name='Follandboy']If EBgames sells New games that are opened then why cant we return games that are opened? [/quote]
This is a very good question. cornfedwb, I would really like to hear what you have to say about this. Does the reason why the game has been opened affect your opinion? Why can't we return games that are opened but new?
This is a very good question. cornfedwb, I would really like to hear what you have to say about this. Does the reason why the game has been opened affect your opinion? Why can't we return games that are opened but new?
[quote name='Cornfedwb'][quote name='guest2']Here's the problem with EB though
THey don't always just open the copy, put the game in a drawer and throw the empty case on the shelf.
EB employees are allowed to "test" games out, meaning that they can bring the game home for about a week to play as much as they want. All they have to do is return the game in "new" condition. EB then just reseals the game and sells it as new.
And that is wrong.
If the pre-manufactured "Empty Boxes" are so expensive, then EB should stop having 10 or more "pre-order" boxes for every new game printed up *months* before their release. Then, perhaps EB could afford to get the empty boxes printed up for games that they're actually selling. Or they could simply get game manufactures to send them "Display Boxes" as an incentive for EB to carry their products....[/quote]
So how can a car dealer sell a car thats been test-driven as new?
How can clothing stores sell clothes that people have already tried on?
How can a sporting goods store sell golf clubs that people have tested on their indoor range?[/quote]
You are comparing apples and oranges there. Different products have different rules with them. I do agree that you are not forced to buy this product and have the option to go elsewhere. but for your car test drive theory. I bought a new car in November and it had 118 miles on it. If the car lasts 118,000 miles that would mean that I just missed out on 0.1% of its life. If an EB employee takes a game and puts 20 hours into it and even if you spend twice as much time with it. You are missing about 33% of its use. In my opinion though as long as the game works getting a display copy would not bug me at all.
THey don't always just open the copy, put the game in a drawer and throw the empty case on the shelf.
EB employees are allowed to "test" games out, meaning that they can bring the game home for about a week to play as much as they want. All they have to do is return the game in "new" condition. EB then just reseals the game and sells it as new.
And that is wrong.
If the pre-manufactured "Empty Boxes" are so expensive, then EB should stop having 10 or more "pre-order" boxes for every new game printed up *months* before their release. Then, perhaps EB could afford to get the empty boxes printed up for games that they're actually selling. Or they could simply get game manufactures to send them "Display Boxes" as an incentive for EB to carry their products....[/quote]
So how can a car dealer sell a car thats been test-driven as new?
How can clothing stores sell clothes that people have already tried on?
How can a sporting goods store sell golf clubs that people have tested on their indoor range?[/quote]
You are comparing apples and oranges there. Different products have different rules with them. I do agree that you are not forced to buy this product and have the option to go elsewhere. but for your car test drive theory. I bought a new car in November and it had 118 miles on it. If the car lasts 118,000 miles that would mean that I just missed out on 0.1% of its life. If an EB employee takes a game and puts 20 hours into it and even if you spend twice as much time with it. You are missing about 33% of its use. In my opinion though as long as the game works getting a display copy would not bug me at all.
cornfed, your analogies may sound nice, but the fact is that none of them are close to the same kind of market that video game media has.
video games as products are most comparable to cds and dvds.
in the dvd (and game) aspect of this, you have ways of tryigng games out before buying them, rentals (or demos). so there is no need for the "test drive", "trying it on", or "testing clubs"
video games as products are most comparable to cds and dvds.
in the dvd (and game) aspect of this, you have ways of tryigng games out before buying them, rentals (or demos). so there is no need for the "test drive", "trying it on", or "testing clubs"
roachman313
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Cfwb, your argument against this has no bearing on electronics at all.
This state law that was mentioned is about Electronics not auto parts or automobiles. If you take an auto part out of the box which most of the time is not sealed and put it back in, then you have done nothing to damage that part.
Or if you test drive a car, then you have not damaged that car any. You have added a few miles which you would expect from a car when you buy it new. I have bought a few new cars in the past and the least amount of miles on one was 5.
When you buy a video game, you expect it to be sealed in the case, same as a CD or DVD. I know for a fact that some of the gutted games which are used for display purposes have been used. Employees do get to "rent " them out so that they have experience with the game and so they can talk it up when they sell it. I used to manage a Software ETC, and the company wanted their employees to always have something checked out. So we would take the display copy or even sometimes the new ones out of the back home and try them out and then seal them back up and sell them as new. It happens.
This was about 8 yrs ago and I really never thought much about it at the time. Now I think that there should have been a better way. I will not take a display copy of a game at either Gamestop or EB for this reason.
This state law that was mentioned is about Electronics not auto parts or automobiles. If you take an auto part out of the box which most of the time is not sealed and put it back in, then you have done nothing to damage that part.
Or if you test drive a car, then you have not damaged that car any. You have added a few miles which you would expect from a car when you buy it new. I have bought a few new cars in the past and the least amount of miles on one was 5.
When you buy a video game, you expect it to be sealed in the case, same as a CD or DVD. I know for a fact that some of the gutted games which are used for display purposes have been used. Employees do get to "rent " them out so that they have experience with the game and so they can talk it up when they sell it. I used to manage a Software ETC, and the company wanted their employees to always have something checked out. So we would take the display copy or even sometimes the new ones out of the back home and try them out and then seal them back up and sell them as new. It happens.
This was about 8 yrs ago and I really never thought much about it at the time. Now I think that there should have been a better way. I will not take a display copy of a game at either Gamestop or EB for this reason.
[quote name='Trakan'][quote name='Follandboy']If EBgames sells New games that are opened then why cant we return games that are opened? [/quote]
This is a very good question. cornfedwb, I would really like to hear what you have to say about this. Does the reason why the game has been opened affect your opinion? Why can't we return games that are opened but new?[/quote]
I thought that was relatively obvious. The store can assure you that the game has never been played, nor has the manual been thumbed through. Everything is kept in a controlled environment until such time as you purchase the display copy.
When a consumer has purchased a new copy of a game and takes it home, EB cannot have any assurance the game has not been played. Due to the unscrupulous nature of many young people these days, could not implement a policy allowing the return of opened, un-played games (remember, they tried something close to this once and got bent over daily).
And we should all remember, EB is not the only retailer to sell display versions of products. I've bought display models of multiple items simply because they were the last one left (items such as dinnerware, appliances, etc). I received no discount, and I did not consider the item used in any way. Just because the blender was taken out of its box and set on a shelf for a month does not mean its a used blender.
This is a very good question. cornfedwb, I would really like to hear what you have to say about this. Does the reason why the game has been opened affect your opinion? Why can't we return games that are opened but new?[/quote]
I thought that was relatively obvious. The store can assure you that the game has never been played, nor has the manual been thumbed through. Everything is kept in a controlled environment until such time as you purchase the display copy.
When a consumer has purchased a new copy of a game and takes it home, EB cannot have any assurance the game has not been played. Due to the unscrupulous nature of many young people these days, could not implement a policy allowing the return of opened, un-played games (remember, they tried something close to this once and got bent over daily).
And we should all remember, EB is not the only retailer to sell display versions of products. I've bought display models of multiple items simply because they were the last one left (items such as dinnerware, appliances, etc). I received no discount, and I did not consider the item used in any way. Just because the blender was taken out of its box and set on a shelf for a month does not mean its a used blender.
[quote name='roachman313']This state law that was mentioned is about Electronics not auto parts or automobiles. If you take an auto part out of the box which most of the time is not sealed and put it back in, then you have done nothing to damage that part.
[/quote]
A. My analogies explained how the product could be construed as new, which it can, and legally has been.
B. I would love to see this actual low, I am 99% sure it is being misconstrued by the typical layman who has just enough understanding of legal language to be a danger to himself.
C. You're right, you have not damaged that part, just as EB has not damaged the game when they removed it from its box.
[/quote]
A. My analogies explained how the product could be construed as new, which it can, and legally has been.
B. I would love to see this actual low, I am 99% sure it is being misconstrued by the typical layman who has just enough understanding of legal language to be a danger to himself.
C. You're right, you have not damaged that part, just as EB has not damaged the game when they removed it from its box.
***********jdangerc answers your questions***********
A. You have the right to refuse the sales when you are aware they are giving you the display copy.
***A. Your right but why should you pay full price for something that is opened. Its a buisness. It should act like a buisness.
B. There is no law clearly defining when a video game is used and when it is new.. however, a court is very likely to agree with EB's argument that a game that has never been in a console, is still new.
***B.Yes there is a law. Stated by Kentucky State Law. Look it up.
C. At what point did the overall product not become new? The disc has never been in a console, the manual has never been read, the case has barely been handled. The same basic level of newness would be your average game at a retailer such as Best Buy that leaves their games on display.
***C. It became used the moment they opened the box according to the law. I have bought "new games" from them that had scratches on them
D. Use this for instance: An auto parts retailer (such as Autozone, Pep Boys or the like) has parts boxed on shelves. A customer comes in, asks to see a MAF for a 96 Mustang. The parts counterman gets said part from the back, removes it from the box and hands it to the customer for their inspection. For whatever reason, the customer does not purchase said part and the part is returned to its now-open box and replaced on the shelf... Now, when you come in to purchase a MAF for a 96 Mustang, should you pay 1/2 price because once the product has left its box it is now used?
Obviously not, and this is basically the exact same situation, except here the customer has handled the product, and in the particular situation we're dealing with at EB, no customer has handled the disc.
***D. I didn't say anything about auto parts. This is based on software and electronics sales only!
edit - Forgot to finish my thought... There is no basis for a lawsuit here. Every legal amatuer can come out and try to explain how these games are not "new".. however, you'd be wrong. The best you could hope for is to have EB give you a free game for your bitching. And people, stop being so f'ing anal about things.. if you want your precious shrinkwrap, refuse that copy and go buy it somewhere else. Stop bitching about it here.
I think that I speak for alot of people when I say that EB Games has some shady practices. By doing this, I plan to stop some of those practices.
A. You have the right to refuse the sales when you are aware they are giving you the display copy.
***A. Your right but why should you pay full price for something that is opened. Its a buisness. It should act like a buisness.
B. There is no law clearly defining when a video game is used and when it is new.. however, a court is very likely to agree with EB's argument that a game that has never been in a console, is still new.
***B.Yes there is a law. Stated by Kentucky State Law. Look it up.
C. At what point did the overall product not become new? The disc has never been in a console, the manual has never been read, the case has barely been handled. The same basic level of newness would be your average game at a retailer such as Best Buy that leaves their games on display.
***C. It became used the moment they opened the box according to the law. I have bought "new games" from them that had scratches on them
D. Use this for instance: An auto parts retailer (such as Autozone, Pep Boys or the like) has parts boxed on shelves. A customer comes in, asks to see a MAF for a 96 Mustang. The parts counterman gets said part from the back, removes it from the box and hands it to the customer for their inspection. For whatever reason, the customer does not purchase said part and the part is returned to its now-open box and replaced on the shelf... Now, when you come in to purchase a MAF for a 96 Mustang, should you pay 1/2 price because once the product has left its box it is now used?
Obviously not, and this is basically the exact same situation, except here the customer has handled the product, and in the particular situation we're dealing with at EB, no customer has handled the disc.
***D. I didn't say anything about auto parts. This is based on software and electronics sales only!
edit - Forgot to finish my thought... There is no basis for a lawsuit here. Every legal amatuer can come out and try to explain how these games are not "new".. however, you'd be wrong. The best you could hope for is to have EB give you a free game for your bitching. And people, stop being so f'ing anal about things.. if you want your precious shrinkwrap, refuse that copy and go buy it somewhere else. Stop bitching about it here.
I think that I speak for alot of people when I say that EB Games has some shady practices. By doing this, I plan to stop some of those practices.
bluekeith75
CAGiversary!
i totally agree if you would sell a game on gag or ebay as new and you recieved it unsealed with no security strip you would complain. so why should eb or gamestop be allowed to do this? toys r us, blockbuster etc have display cases why cant they. or invest in security devices like best buy circuit city etc. i bought madden 2005 for my nephew for christmas i bought it new at eb in ohio they gave me an open copy with sticker seal on christmas he opened it and the disc was trashed and would not boot up. i no longer do buss. at eb or gamestop.
[quote name='jdangerc']B. There is no law clearly defining when a video game is used and when it is new.. however, a court is very likely to agree with EB's argument that a game that has never been in a console, is still new.
***B.Yes there is a law. Stated by Kentucky State Law. Look it up.
[/quote]
Go ahead and send me a link to this law you keep referring to. If, by miracle, such a law exists.. I'll stand corrected. But I'm sure you're interpreting quite poorly.
***B.Yes there is a law. Stated by Kentucky State Law. Look it up.
[/quote]
Go ahead and send me a link to this law you keep referring to. If, by miracle, such a law exists.. I'll stand corrected. But I'm sure you're interpreting quite poorly.
The Successful Dropout
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and how are the display copies new if they're "used" as display copies?
[quote name='Cornfedwb'][quote name='Trakan'][quote name='Follandboy']If EBgames sells New games that are opened then why cant we return games that are opened? [/quote]
This is a very good question. cornfedwb, I would really like to hear what you have to say about this. Does the reason why the game has been opened affect your opinion? Why can't we return games that are opened but new?[/quote]
I thought that was relatively obvious. The store can assure you that the game has never been played, nor has the manual been thumbed through. Everything is kept in a controlled environment until such time as you purchase the display copy.
When a consumer has purchased a new copy of a game and takes it home, EB cannot have any assurance the game has not been played. Due to the unscrupulous nature of many young people these days, could not implement a policy allowing the return of opened, un-played games (remember, they tried something close to this once and got bent over daily).
And we should all remember, EB is not the only retailer to sell display versions of products. I've bought display models of multiple items simply because they were the last one left (items such as dinnerware, appliances, etc). I received no discount, and I did not consider the item used in any way. Just because the blender was taken out of its box and set on a shelf for a month does not mean its a used blender.[/quote]
When there are scratches on the "display" copies of the disc, I cannot have any assurance that the game is actually new and has not been played, and the manual not thumbed through. That's why I ask, even if the answer if obvious to you.
This is a very good question. cornfedwb, I would really like to hear what you have to say about this. Does the reason why the game has been opened affect your opinion? Why can't we return games that are opened but new?[/quote]
I thought that was relatively obvious. The store can assure you that the game has never been played, nor has the manual been thumbed through. Everything is kept in a controlled environment until such time as you purchase the display copy.
When a consumer has purchased a new copy of a game and takes it home, EB cannot have any assurance the game has not been played. Due to the unscrupulous nature of many young people these days, could not implement a policy allowing the return of opened, un-played games (remember, they tried something close to this once and got bent over daily).
And we should all remember, EB is not the only retailer to sell display versions of products. I've bought display models of multiple items simply because they were the last one left (items such as dinnerware, appliances, etc). I received no discount, and I did not consider the item used in any way. Just because the blender was taken out of its box and set on a shelf for a month does not mean its a used blender.[/quote]
When there are scratches on the "display" copies of the disc, I cannot have any assurance that the game is actually new and has not been played, and the manual not thumbed through. That's why I ask, even if the answer if obvious to you.
For all of you that keep claiming that employees take games home and play them, this was once a policy of EB, that employees could check games out and try them and write a small review of features and qualities of the games. This policy ended at least a couple of years ago. They could either check out gutted copies of the games or even something new from case. They were under strict supervisor and not allowed to return the game if it had an time of scratch or mark to the game or the case. I knew of some stores where you had to be careful if you looked at a manual, not to open it flat and put a crease down the spine. After all of that, they would sometimes rewrap the games.
Ever wonder why stuff you get from the website has been rewrapped? It's mainly because some of the big new releases once had up to 10 gutted copies per store. When it came time to send back overstock to the warehouse, stores would rather send back the gutted copies than the copies in the original shrink wrap. They have since taken measures to get more display game cases from the manufacturers, but on occassion, a title still must be gutted in order to display it.
I can't believe all this stupid crap has started a new thread. If you get to the counter and all they have left is display copies, just say you don't want the opened copy of the game. When I was an employee, I would just tell the customer as soon as I realized that was all we had left and ask if they minded getting the opened copy. I was being upfront and gave the customer an easy out. I have seen some employees try to play it off and act like it's not a big deal, but I understand the magic of taking off the shrink wrap and complaining about all the security labels.
I hope this thread dies soon. It's like the hundredth one based on this. Just know that EB is aware that people don't like buying opened products and that's why they ended the return/exchange policy, employee check-out program, started getting display copies from larger manufactureres, and even removed the dreaded shrink-wrap machine from most stores.
Ever wonder why stuff you get from the website has been rewrapped? It's mainly because some of the big new releases once had up to 10 gutted copies per store. When it came time to send back overstock to the warehouse, stores would rather send back the gutted copies than the copies in the original shrink wrap. They have since taken measures to get more display game cases from the manufacturers, but on occassion, a title still must be gutted in order to display it.
I can't believe all this stupid crap has started a new thread. If you get to the counter and all they have left is display copies, just say you don't want the opened copy of the game. When I was an employee, I would just tell the customer as soon as I realized that was all we had left and ask if they minded getting the opened copy. I was being upfront and gave the customer an easy out. I have seen some employees try to play it off and act like it's not a big deal, but I understand the magic of taking off the shrink wrap and complaining about all the security labels.
I hope this thread dies soon. It's like the hundredth one based on this. Just know that EB is aware that people don't like buying opened products and that's why they ended the return/exchange policy, employee check-out program, started getting display copies from larger manufactureres, and even removed the dreaded shrink-wrap machine from most stores.
doubledown
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GameStop did the same thing to me. I wanted ESPN MLB Baseball and the only copy left was the "opened" one. It was kinda disappointing, but it was fine.
GameStop already had a class action suit against them for this practice.
http://www.gamestop.com/gs/help/classaction.asp
If you don't feel like reading it, the outcome was as follows:
1) GameStop agreed to put a sign up which reads, “All software for video game consoles may have been used and returned in accordance with [store tradename]’s return policy.”
2) They agreed to give out 5% off discounts to those who were affected.
Big whoop.
Chalk it up on the board...frivolous American lawsuit #15,231,123
http://www.gamestop.com/gs/help/classaction.asp
If you don't feel like reading it, the outcome was as follows:
1) GameStop agreed to put a sign up which reads, “All software for video game consoles may have been used and returned in accordance with [store tradename]’s return policy.”
2) They agreed to give out 5% off discounts to those who were affected.
Big whoop.
Chalk it up on the board...frivolous American lawsuit #15,231,123
I will gladly fax you a copy of the KRS (Kentucky Revised Statutes) law on Electronics. Give me your fax number. Oh by the way, you are so dead wrong. www.ky.gov You have to request the statements. Like I said I have done ALOT of research on this.
[quote name='jdangerc']I will gladly fax you a copy of the KRS (Kentucky Revised Statutes) law on Electronics. Give me your fax number. Oh by the way, you are so dead wrong. www.ky.gov You have to request the statements. Like I said I have done ALOT of research on this. [/quote]
PM'd to you now.
[/quote]PM'd to you now.
icemanjmw13
Banned
[quote name='CheapyD']GameStop already had a class action suit against them for this practice.
http://www.gamestop.com/gs/help/classaction.asp
If you don't feel like reading it, the outcome was as follows:
1) GameStop agreed to put a sign up which reads, “All software for video game consoles may have been used and returned in accordance with [store tradename]’s return policy.”
2) They agreed to give out 5% off discounts to those who were affected.
Big whoop.
Chalk it up on the board...frivolous American lawsuit #15,231,123[/quote]
So should these signs still be up, because I have never seen one in any of the 6 or 7 Gamestops I've been to.
http://www.gamestop.com/gs/help/classaction.asp
If you don't feel like reading it, the outcome was as follows:
1) GameStop agreed to put a sign up which reads, “All software for video game consoles may have been used and returned in accordance with [store tradename]’s return policy.”
2) They agreed to give out 5% off discounts to those who were affected.
Big whoop.
Chalk it up on the board...frivolous American lawsuit #15,231,123[/quote]
So should these signs still be up, because I have never seen one in any of the 6 or 7 Gamestops I've been to.
bread's done