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Games Entertainment

Legalities of Rewrapped Games? 59

Posted by Cliff from the shady-store-behavior dept.
TheQuantumShift asks: "I'm part of a small video game retail franchise, and as such deal with corporate competition on a daily basis. Usually this is not a problem as we undersell the big corporate chains most of the time. One thing that really bothers us is the fact that these stores take opened, clearly used games, re-shrinkwrap them and sell them as new. One customer opened a shrink wrapped 'new' GBA game, only to find the previous owners receipt. Ex-Employees have confirmed the practice. This seems a little more than dishonest, and we would like to get them called on it. The trouble is, we have no idea where or who to start with. And exactly what proof we should have ready. We've been toying with the idea of contacting Sony, Microsoft, Nintendo, etc... directly, but I believe this isn't the way to go. As long as these big corps order tens of thousands of systems and titles, is Sony really going to care? Any insights would be much appreciated." Caveat, Consumer.
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Legalities of Rewrapped Games? More

Legalities of Rewrapped Games?

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  • I think it would be difficult to demonstrate where the problem lies. Did the store employees do the re-wrapping? Or did the wholesale jobber that the store purchased the software from do it? Or someone else?

    A while ago I read about a fellow who purchased a new retail-box hard drive from Best Buy and got it home and unwrapped it to find that it contained a can of tuna instead of the hard drive he was expecting! That particular can of tuna had been sent to the country where the hard drives were being manufactured (according to the tuna distributor) so someone at the factory had heisted the hard drive.

    This could be a similar situation.

    But of course, you said that one customer found the previous customer's receipt in the box, so that rules some of this out.

    The software stores around here have signs up that say "No Return on Opened Software, Exchange for Exact Same Title Only".

  • All that, and more... (Score:5, Informative)

    by ThePurpleBuffalo ( 111594 ) on Thursday July 04, 2002 @07:01PM (#3824158)
    I worked for 1.5 years as a till-monkey at a big chain. We were allowed to buy the games, play them for a night or two, and return them for full refund. We were asked not to scratch anything, and to make sure that everything was included.

    I once sold a joystick box to a customer... no joystick... it had been "forgotten". And yes, the box had been shrinkwrapped. Customer came back the next day for an exchange.

    While working there, I was taught techniques to removing the adhesive "seal" that the manufacturers put on computer games and DVDs so that it could be re-applied. "Good as new."

    I'd wager a guess that this is fairly common. Where exactly does it say that you're buying new merchandise? It doesn't. Learn to tell the difference between a commercial shrinkwrap job, and a $6/hour-I-hate-my-life shrinkwrap job.

    Commercial plastic wrap tends to crinkle. It often has crisp folds. There is often a thicker piece of plastic - a tab - to help you unwrap the rest of the plastic.

    Back room (underhanded) shrinkwrap is soft to the touch. There are no folds (they shrink when heat is applied). There will be seems along at least two sides.

    Next time you go to a DVD store, have a look at the different plastic wrappings. You'll see what I mean.

    Beware TPB

    • I once sold a joystick box to a customer... no joystick... it had been "forgotten". And yes, the box had been shrinkwrapped. Customer came back the next day for an exchange.

      Wait... didn't they notice that the box was rather stupidly light? I mean, unless this was some sort of amazingly magical material, a joystick is rather heavy in comparison to the light packaging...
    • Next time you go to a DVD store, have a look at the different plastic wrappings. You'll see what I mean.

      Coincidentally, I just bought a DVD from a Very Large Electronics chain. I opened up the DVD (which I bought as new), and the first thing I noticed were someone else's fingerprints and scratches on the DVD.

      The DVD has annoying skips in at least two scenes(possibly due to the some of scratches, I assume). So, I go back to the store to return it tomorrow morning. Still, the fact that they sold me a somewhat defective and used DVD annoys me, and I don't intend to buy anymore DVD's from them.

  • hmmm (Score:1, Insightful)

    by XO ( 250276 )
    Could someone exactly explain the issue? The complaint doesn't make any sense. I mean, really. Who could honestly care if the software's been opened, and resealed, and why?

    I work retail. People all day long tell me "i should get a discount because that's been on display".. Can someone explain this mentality to me? You're going to take it home and OPEN THE FREAKIN BOX as soon as you get it home.. so what's it matter if I've opened it, or if you have? lol

    • Re:hmmm (Score:1)

      by Anonymous Coward
      Because when you buy something NEW, you expect it to be in NEW condition. That means it includes everything it should, isn't damaged, and that it hasn't been USED.

      If people wish to buy used things they can. There are stores that specialize in that, as well as things like Ebay.

      • used software (Score:1, Funny)

        by Anonymous Coward
        Ewww, used software, how gross! I wonder, do they even bother washing those bits before they rewrap them?

        • Re:used software (Score:2, Insightful)

          by Anonymous Coward
          Actually, when it comes to things like games or major applications, there is often a CD/License key of some sort. If someone uses the software first, they could use it before you, and you might lose support of services.
    • Some people do care. It is called the virginity, my friend.
    • If it is a TV, CD player, etc. that has been pounded on by your staff and customers, it's been used. Less of the useful life is remaining. For other things (books?) it is utter hogwash.

      I've been wondering the same thing about cars lately. I buy with (for example) 600 miles on the odometer. How many of those miles were spent at redline by some joyrider? Thank the maker I had the opportunity to have my latest bike pulled out of the crate for me. The 14 miles on it when I picked it up coincide perfectly with the test run that the shop does after final assembly.

      • Re:hmmm (Score:2)

        by mosch ( 204 )
        Those 600 miles were far more likely spent commuting between dealerships by somebody who'd lose their job if they get a speeding ticket.

        Dealer trades aren't usually done by the truckful, sometimes they just have somebody drive one car from dealership a, and come back with a different car from dealership b.

    • Re:hmmm (Score:3, Insightful)

      by Muggins the Mad ( 27719 )
      > Could someone exactly explain the issue? The complaint doesn't make any sense.
      > I mean, really. Who could honestly care if the software's been opened, and resealed, and why?

      It's somewhat irritating to buy a piece of software and find the registration key is all over the 'net and the game servers won't let you on.

      I've personally bought a game that presumably was repackaged, since the CD was all scratched and the manual
      had dirty fingerprints all over it.

      Sure, the shop replaced it with a fresh one, but that was 3 hours of my life wasted (the time trying to get it to work and returning it when it didn't).

      When I buy a piece of software sold as "new", or a book,I expect it to actually be new! Anything else
      is a rip off. Doesn't matter if many people don't mind.
      It's false advertising, deceptive, and *I* mind.

      Books - I enjoy the feel and smell of a fresh unread book.

      - Muggins the Mad

    • Re:hmmm (Score:1)

      by arb ( 452787 )
      Could someone exactly explain the issue? The complaint doesn't make any sense. I mean, really. Who could honestly care if the software's been opened, and resealed, and why?

      Well, when I'm buying GameBoy Advance games I care. Many GBA games store game save data in either EEPROM, SRAM or Flash ROM, and with some games you do not have the option of completely clearing the game save data. Sonic Advance is one in particular that won't delet all the saved information. (If you use the 'Delete Data' option in Sonic Advance, it still remembers how many rings you had collected, and that can cause problems with the 'Tiny Chao' sub-game.)

      I don't normally play a lot of games, but when I do, I like to find the secrets and unlock game extras myself. I don't want to enter cheat codes and I definitely don't want someone else to have unlocked parts of the game for me.

      Besides, if I buy a second-hand product (of any type, not just software) then I refuse to pay the full price for it. If the store has re-wrapped a second-hand product and sells it a full price, then I would be talking to the local Csumer Afairs department about false/misleading product labelling.

  • Testing (Score:2, Interesting)

    by LordLucless ( 582312 )
    One of my friends worked at a small retail store that re-wrapped their software. AFAIK, they didn't accept returns, but they encouraged their employees to take the games home and play them, the reshrink them, so that their employees would know what they were talking about when asked for help by the customer.

    Of course, most employees took the software home, copied it, and never played it again, but hey. It's the thought that counts, right?

  • IMHO, the problem is worse with hardware, at least in that there is more risk of damage. I recently bought a "new," shrink-wrapped CD-burner, installed it on a Linux box I was putting together, and popped it open to stick in a blank CD...only to find that there already was a CD in it, with a hand-written lable and some bootlegged MS Windows game on it.

    My best guess is that someone

    1. bought the drive to copy a friend's CD,
    2. did so,
    3. returned the drive,
    4. went home,
    5. slapped their forehead and said...!Doh!

    -- MarkusQ

  • Thems the breaks buddy, this is a VERY VERY common practice in retail outlets that let customers return items for a refund. The choices are they act honestly and don't resell games, and hence no longer remain profitable or continue resealing them and selling them as new.
  • Use some sense man, if you call them out on it, and if for whatever reason they do get in big trouble you will be making a "career limiting move". If you really want to try and get the situation fixed why don't you run it up the chain at your company? See what upper management says? Maybe they have permission from the manufacters?

  • Beat them at their own game (Score:3, Insightful)

    by WIAKywbfatw ( 307557 ) on Thursday July 04, 2002 @09:36PM (#3824607) Journal
    They take back, reshrink and resell software? Well, do the same thing. Except do it better.

    Try offering your customers a 14-day "no questions asked" returns policy. As long as they have the receipt, and the goods are in mint condition (opened is OK, damaged in any way is not) then give them a refund if they want it.

    Of course, you should try to get some customer feedback - find out why the game is being returned, whether it won't run, they can't get past the first mission, or it's just not suitable for little Johnny - and try to be as helpful as possible. Where appropriate, suggest alternative courses of action - ask if customers tried downloading relevant drivers and patches, tell them how to beat the first bad guy or sell them a hint book, or suggest an alternative title instead. But always stick to the policy - if the customer wants his money back, then give it to him.

    Sure, going down this route has a drawback. There are always going to be one or two that abuse the system - you'll spot them the fifth time they return a game without ever keeping a selection -but they come with the territory. (There are ways of dealing with those kinds of customers on an individual basis, such as not selling to them at all, but better to ignore them in the long run. Just let them know you're watching them and that'll do the trick 90 per cent of the time.)

    But the real benefit of this policy (providing you promote and advertise it properly) is that people who wouldn't normally come into your store will walk across your threshhold. They'll come in and buy stuff - whether it's for themselves, their kids or whoever - because they'll have peace of mind that if something goes wrong then they won't be stuck with a turkey. And once they've had a good customer service experience they'll come back for more and bring their friends with them.

    The bottom line is this: the better you treat your customers, the better they'll treat you. Give them great prices and great customer service and they'll never shop elsewhere again.

    (Oh yeah, and if you're feeling real creative, try putting together some kind of customer reward scheme - buy ten titles get the next one free, that sort of thing. Or promote games as they launch - free stuff, like posters, with new titles. Bonus rewards for preordering upcoming releases. If you give it, they will come.)

    Good luck.
    • you've obviously never worked or owned a retail store.

      my wife and I own and run a childrens retail/consignment store where we sell clothing, shoes, cribs, dressers, rockers, toys, Lil Tikes, Step 2, etc. we treat our customers right, sell them the product they want, put it together for them, and even do deliveries at reasonable cost (no profit).

      Our policy clearly states that we do not take returns due to the nature of our business. We have had customers buy a Step 2 playhouse, tell us "It's for my 4 yr old's birthday this weekend!", and then try to bring it back on Monday because "little Cindy didn't like it". yeah right! you bought the playhouse for the kids at the birthday party to play in! you forget that we run a business and hear every excuse in the book. kids love those things and I've never seen one hate them yet.

      or how about this one I've heard from other mom/pop retailers in their fields? Suzy came in and bought a $500 prom dress. she brought it back a week later, AFTER THE PROM, and said "My boyfriend dumped me the night before so I couldn't go. See? The tags are still on it."

      Really? Then how do you explain the armpit sweatstains and (obviously) beer smell on the dress? Consumers try to buy those needleguns that retailers use to price tag their items with so they can re-attach price tags.

      Do you really believe we just fell off the turnip truck? those bigger corps like Toys 'R Us and Babies 'R Us lie to and cheat their customers. we actually sell product at MSRP (manufacturers suggested retail price).

      sorry, we're not Toys 'R Us and are not financially sound enough to accept returns based on your lies. you want to exchange it for something else of similar value, not a problem! otherwise, no refunds unless it is clearly damaged. (which they never are!)

      we deal straight with our customers, and by virtue of our no-returns policy, we force the dis-honest ones to be straight with us. if there is a real problem, we take care of it. I've had customers tell me after a whole ordeal they were not completely satisfied but they understood that I had done what I could to remedy the situation. Now THAT'S customer service!

      you want some baby/children goods at a good price? come visit us at www.carousel-kids.com (yes, I know the design really sucks) or shoot me an email at carousel_kids@hotmail.com . I can't promise you will save money, I can't even promise you will get a better deal here rather than elsewhere. I can promise that you won't get screwed around. I'll let you know upfront with no b.s.

      For those interested, we are located in Austin, TX, USA. Got any questions? send them to me!
      • Hey, I've been there too. I've worked at a software store (and managed a section) so I know where you're coming from.

        We both know that 90 per cent of customers are as good as gold - they'll never give you a moment's hassle - but the other 10 per cent will test your patience. Well, frankly, that's life. Like I said, there are always going to be one or two that abuse the system.

        Unfortunately, it's these 10 per cent who'll take up 50 per cent of your time - or at least it will feel that way.

        I'm not going to teach you how to run your business (just like I'm not going to teach my grandmother how to suck eggs) but how you deal with that 10 per cent can make or break your business. Firm but fair works (as I'm sure you've found out yourself) but giving them a free ride or over-aggressiveness on your part doesn't (the former because it's you who foots the bill, the latter because they'll bad mouth you all over town every chance they get).

        But, here's a secret: when things go genuinely wrong and you do your best to put things right, and show the customer that you're trying hard to do the right thing by them, then that customer will respect you and come back again. If you just write them off as "just one sale" though, then you'll never see (or sell to them) again.

        (Just remember that, even though there are some people out there dishonest enough to treat you as a hire store, not everyone's the same. And, occasionally, you do have to give as good as you get.)

        Bottom line's still the same: the better you treat your customers, the better they'll treat you.

        (On a personal note, I can't say I'll be buying anything from you soon but that's because I live six time zones and several thousand miles away. All the best to you too.)
      • Do you really believe we just fell off the turnip truck? those bigger corps like Toys 'R Us and Babies 'R Us lie to and cheat their customers. we actually sell product at MSRP (manufacturers suggested retail price).

        Places that sell things at msrp cheat their customers considering the actual price a store pays for something is 1/10 of what the msrp is.. thats why stores can afford to have x% off sales.. you still make money on sometime until it is 70-75% off and even then you are still making enough to cover the initial cost and a little extra..
        • What planet do you live on?

          I've never seen a retail operation that only paid 10% of MSRP for their goods. Markups vary quite a bit between different industries.

          Retail operations also have high costs. If it was easy to make big bucks in retail, there wouldn't be so many bankruptcies.

          • Ive seen the sheets at work that list what things cost and what we sell them for.. with the exception of food and things that have the price strongly fixed by the manufacturor, most things sell for several times what they are bought for.
            • I've seen cost and profit numbers for 7-11, some stuff, the markup is insane, other stuff (cigarettes), they even lose money. That's right 7-11 dosen't pay 10% of total retail for every item. Some things it's almost 95%. Now at the game store I work at, a new PS/2 Game (say Medal of Honor: Frontline) Costs us $40. Thats right. $40. We have to pay so much because we don't order tens of thousands of copies from Sony or whoever. We then sell that game for $50. Minus Franchise fee (10%), Minus mall rent (~10%) we might make a cool nickel on it. Now say this same game gets traded in, we give $25 Credit or $15 cash for it, and sell it for $35. Needless to say, we make our money on used games. Now those big dishonest companies I was talking about, might give you $10-$15 Store Credit Only, and turn around and sell the used copy for $48. They make bank new or used, and people actually pay two dollars less for a used copy. Then they come to our store. They take a quick trip back to GameStop,Software Etc.,Babbages, whatever they're calling themselves this week, get a nifty refund, and they find themselves back in the "Lame" Gamestore, paying less. The competing store in our mall has gotten tougher on returns recently I've noticed... Bottom Line, we give more, sell for less, and don't pull underhanded shit whenever we feel like it. But people still keep trudging on to corporate land paying more and generally getting screwed...
              • Wow, those margins are real tight.

                Not that it's easily done, but have you considered approaching other independents in the wider area? Perhaps if you formed some kind of collective purchasing group you could get the price you pay for new software knocked down a bit.

                It's not easy to do, and it involves more work on your part (convincing other owners that it's a good idea, then convincing the distributors, etc) but it might be worth a try. If it doesn't work then you're no worse off, if it does then you've helped your bottom line.
                • the problem is, do you want your competitors to know what your plans are for increasing business, what product you want to sell, etc? you draw a fine line here.

                  if I was to get together with other mom/pop stores in our area for our product and let's agree to keep all our prices within a certain range, and at a minimum level so customers can't play us off against each other, that could be considered criminal conduct a.k.a. 'racketeering'. but then again, how do we small guys compete against mega-stores?

                  it's a tough go for a lot of small mom/pop's
            • they may sell for several times what they cost, but have you figured in the cost of doing business?

              example:
              I need to make $15,000/mth in gross sales just to break even.

              electricity- $250
              rent (3500) - $4700
              employees - $1500
              unemployment - $400
              social security taxes - $800
              insurance - $180

              Total so far = $7830

              cost of inventory - $5700 (add 75% markup)
              cost of shipping - $400
              sales tax collected - $825 (on $10,000 in sales)

              Total = $14,755

              Now, if I was to kick the employee out (but I have 2 stores) and work myself, that would earn me a salary of @ $9.5/hr. All that work just to make $9.5/hr!
              But I'm worth more, so I triple my salary ($4500/mth), make appropriate adjustments in unemployment, social security, and increased inventory, and the number I come up with in minimum sales is now..... @ $22,000!

              As you can see, these are extremely simplified figures. In reality, the numbers get closer to $30,000/mth in sales just to be able to pull off something like this.

              Which is why I will say it again. Do not run retail, have people pay you for what you know. That way you don't have any inventory, pay rent, collect sales tax, property insurance and all the other necessary crap for doing business in retail.

              I could make more money by raising prices, but then my customers will just go elsewhere.
        • well, I had typed in a long reply then when I hit Submit, it blew up on me with an Expired Session. So let me summarize my reply to your post:

          You don't know jack about retail.

          If you think I mark-up product 1000%, it's obvious you don't know sh*t. MY average markup on an item is between 70-80%, depending on what it is selling for in the local competition stores. The big retail chains may be making money on those x% off sales but then again, what do you expect when THEY can get it for cheaper than me?

          if you own/run a retail business, this is what you will pay for:

          -employee/customer theft
          -inventory
          -shipping to get the inventory to you from the manufacturer
          -rent
          -property taxes (because rental space is that tight and the landlords can squeeze)
          -franchise tax (to the city)
          -property tax on property the business owns (to the city) and needs in order to conduct business
          -electric and water utilities
          -salaries
          -unemployment to the state unemployment commission to support all those people on welfare w/o jobs
          -social security taxes
          -your accountant to keep the books
          -insurance for the building (landlord required)
          -the rent going up every year a certain percentage since it is assumed your business will grow
          -dealing with asshole customers (like you) who think we are ripping them off with 1000% mark-up

          so until you've had a retail business, I would suggest you go back to your business classes at WIU, tell the professors they don't know jack about business models, and then start your own business and go thru the daily bullshit that we go thru...

          maybe you will actually learn something....
    • I very much enjoy how your suggested 'no questions asked' policy involves asking questions about why they're returning the items :)

    • "Try offering your customers a 14-day "no questions asked" returns policy. As long as they have the receipt, and the goods are in mint condition (opened is OK, damaged in any way is not) then give them a refund if they want it."

      In the area we are located, and size of our business forbids the "no questions asked policy". If we started it, We would become a rental store, or we would have to keep black lists of certain customers (lots of them) "Banned" from the store. Plus we've found it not to be an issue, we'll always take defective items back within 30 days, we try repair first, and then offer the customer something else for the same price. Very rarely someone will Demand a refund, and we take those on a case by case basis. But on the whole most people don't want their money back, they want a game. The only people that get indignant about a cash refund are the people you Know would abuse it if given the chance.

      "Of course, you should try to get some customer feedback - find out why the game is being returned, whether it won't run, they can't get past the first mission, or it's just not suitable for little Johnny - and try to be as helpful as possible. Where appropriate, suggest alternative courses of action - ask if customers tried downloading relevant drivers and patches, tell them how to beat the first bad guy or sell them a hint book, or suggest an alternative title instead. But always stick to the policy - if the customer wants his money back, then give it to him."

      Since we let most used games be peviewed on the store systems, we have very little "this game sucks" returns, often this leads to "this game sucks" no sale for us. But I'd rather lose a sale, then have the customer feel cheated. I do the upsells of strategy guides, and the suggestive sells of "if you like Spyro, try Crash."

      "Sure, going down this route has a drawback. There are always going to be one or two that abuse the system - you'll spot them the fifth time they return a game without ever keeping a selection -but they come with the territory. (There are ways of dealing with those kinds of customers on an individual basis, such as not selling to them at all, but better to ignore them in the long run. Just let them know you're watching them and that'll do the trick 90 per cent of the time.)"

      With our customer base, one or two is a huge understatement. I have to tell people on a daily basis to take their obviously stolen goods somewhere else, when the same kid tries to sell 5 different gameboys to you in as many weeks, you know whats up. Maybe at some point if we can get our little franchise built up a little, then we can go mainstream, but untill then we have to stay in business.

      "But the real benefit of this policy (providing you promote and advertise it properly) is that people who wouldn't normally come into your store will walk across your threshhold. They'll come in and buy stuff - whether it's for themselves, their kids or whoever - because they'll have peace of mind that if something goes wrong then they won't be stuck with a turkey. And once they've had a good customer service experience they'll come back for more and bring their friends with them."

      People of all walks already come into our store (more ads definitely needed though), and like I said before we will not stick anyone with turkeys. I'm not trying to be defensive here but It's important to understand we will take anything back, but the only Item we give cash refunds for is unopened still wrapped new games, movies, whatever. Once it is opened, it's used. plain and simple. We'll give store credit for the used price, but no cash. It's worked very well for us and has kept a lot of trouble out of the store.

      "The bottom line is this: the better you treat your customers, the better they'll treat you. Give them great prices and great customer service and they'll never shop elsewhere again."

      God I wish that were true. We sell most everything for less. We have excellent customer service. But since we're not a mega chain, we are not deemed "cool" by the masses. And I've asked customers why they ever go to these places, and they usually say they just HAD to have that game on release day. Never mind the fact we would have had it a week later for five dollars less, They HAD to have it. People are sheep, and will go wherever TV tells them to.

      "(Oh yeah, and if you're feeling real creative, try putting together some kind of customer reward scheme - buy ten titles get the next one free, that sort of thing. Or promote games as they launch - free stuff, like posters, with new titles. Bonus rewards for preordering upcoming releases. If you give it, they will come.)"

      Tried sales. Buy three get one free. Management had ideas about if they paid for the item to come into the store, it should be paid for to leave the store. I know, I'm still trying to knock sense in. Clubs or punchcards are flaky at best from my personal experiance. But then I HAD to sell (thats right, membership fee) a club at a certain bookstore I worked at. Underhanded dosen't even begin to describe that experiance... As for preorders and promotional material, I wish to god I could get my hands on some. Being such a small business, we have to go through a secondary distributor which means no release day titles, no displays, no nothing.

      "Good luck"

      Thanks. we'll need it. People just don't want to buy local, they have to have the absolute latest greatest thing (ex: Xbox). But on the upside almost daily I get people wandering in looking for something to justify that xbox... besides freakin' Halo. I wish I could belive superior customer service and lower prices are truly what consumers wanted. They want the illusion of being better than they are. They get this walking into one of those mega chain stores. Most people frequenting our mall would consider themselves too good to be in our store. Of course when I get better fixture, a decent inventory and cash management system going, and the damn website linked to the inventory database... Thanks for the insights, you raised some valid points, and I hope there's more posts on this topic like that.

  • Keep your mouth shut. I'm sure your hole-in-the-wall store eats the cost of every return... since the distributors will not take software back that would be your only option.

  • Yes, I had a pair of friends who worked two different locations at a big-name retailer which will remain annonymous to protect the innocent (Software ETC). They were each encouraged to take games home, play them, and reseal them. One of them would even use that machine to reseal and return hardware to other stores, though only when his boss wasn't looking.

    Come to think of it, my copy of FF7 from a now defunct Japanese gaming retail chain was scratched to high heck and was utterly unplayable. The guy at the store admitted it was probably resealed, but had no idea how it got as bad as it did.

    And that's really it. I don't mind buying software that has been opened... It's not like you're buying a Coke or an OpenCola that has been half drunk. What I mind, and I think your store is picking up on, is the deception. I think most people are reasonable enough to realize that 40 dollars for a used copy of Zelda is a better deal than 50 dollars for a new one, and if the store worker had to preview it in order to properly recommend for or against... all the more value to the customer.

    Ah well, there are 400 posts on this topic and rising, and many empassioned pleas one way or the other. Either way you decide to go, be sure to take full advantage of your decision. If you go resealing, that means you should have a full no-risk return policy with lots of point-of-sale publicity. (Not sure if you will like the new GTA3? Try it for 15 days... if you don't like it you can return it for a full refund). If you decide to go no-resealing, make sure your literature says specifically the names of the stores you know are cheating. You may be pressed to back that up in court, but I get the feeling that this is something these companies don't want proven in front of a judge. If for no other reason than this is a clear, if common, misrepresentation of a product.

    Good luck! The independents really make this hobby worthwile.
  • It's also the customers. I bought Mario Cart Advance at Target, opend the box and low an behold what did I buy? A crusty used old AA battery. The alkaline crust had to be the funniest part. The shrinkwrap was not the spongey stuff but the foldy stuff, and the one that really had it was springy.

    This happens all the time with CDs too, those tabs at the top are crap, because you can get it out the bottom easily, look for the outside stickers!
  • The trouble is, we have no idea where or who to start with. And exactly what proof we should have ready. I've purchased re-wrapped PS2 games (at full price) at FutureShop and Virgin Records here in Canada. This may have something to do with the fact that a)they have to add an extra instruction booklet in French and b)they add their own extra security tags. It still pisses me off, though.
    • what really pisses me off is when they stick the security tag to the inside of the booklet some place ruining several lines of stuff you should be able to read considering what you just paid for it..
  • How is it "more than dishonest"? It's plainly, dishonest. They lie to you about it being new.
  • Comment removed based on user account deletion
  • Computer Renaissance in the Central Illinois area does this with hardware, but they don't even bother to make sure the right hardware is in the right box, so you'll buy an ISA modem in a box listing a pci one by a different brand. Nothing worse than paying a price higher than best buy charges for a new item for a used item that isn't even what the box says..
    • Hey now heres something interesting, I used to work for computer renaissance up here in the Chicagoloand area....albeit before I went into work one day and saw all the GOING OUT OF BIZ signs...I aldo worked as a tech at a store in Indiana (Daves Computer World - DCWI.com) that had an in-house shrink wrap machine, although I didnt have much to do with that end of the operation..greetz pas
      But back to the point. If the company opens said 'product' and it happens to be software, are they then able to be held liable under the EULA? After all, just by opening most software you are agreeing to that companies EULA.
      What direction would this lead in...as I have put absolutly no thought into it since I dont 'buy' that crappy software in the first place.

  • Who ya gonna call? (Score:3)

    by sysadmn ( 29788 ) <{sysadmn} {at} {gmail.com}> on Friday July 05, 2002 @05:50PM (#3829879) Homepage
    The original post wondered if contacting the manufacturers would do any good. Maybe, maybe not. If you're in the US, contact your state attorney general. Selling a used item as new is fraud; this is just the sort of thing that gives the attorney general's office all kinds of good publicity.
  • I used to work at a computer/office supply chain and one time someone returned a CD writer box with a CDROM inside. The CDROM wasn't even the same brand. No one checked the box and it was shrinkwrapped and sold to someone else. It was embarassing for the manager when it was returned again. For higher priced items you have to check for a manufacturer's seal. For our store I could tell the rewrapped items because the wrap wasn't as tight.

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