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Legalities of Rewrapped Games?
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.
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".
If you're a zombie and you know it, bite your friend!
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
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
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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?
Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
Ewww, used software, how gross! I wonder, do they even bother washing those bits before they rewrap them?
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
-- MarkusQ
Some people do care. It is called the virginity, my friend.
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?
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.
"Accept that some days you are the pigeon, and some days you are the statue." - David Brent, Wernham Hogg
That's a nice policy and everything (no returns on software), but since I'm not buying software, but rather a license, Circuit City can kiss my ass if I don't agree to the licensing terms.
Jesus was all right but his disciples were thick and ordinary. -John Lennon
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.
Conformity is the jailer of freedom and enemy of growth. -JFK
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.
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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!
--Shemnon
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.
As I recall, we were having a sale on them. The guy picked up two at the same time. He didn't bother to hold them seperatly (they were the old Gravis Gamepad... small... light...)
How is it "more than dishonest"? It's plainly, dishonest. They lie to you about it being new.
Have you read my journal today?
He's talking about other stores, the competition, not the one he works for.
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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..
Have 'em go to your local better business bureau and file a complaint. "Fraud" is the word.
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.
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I used to work for a very large computer warehouse type of store (you know the one, computer in the USA).
I used to re-shrinkwrap games. Also, if there were dvd's on a shelf and one was shrinkwrapped, the customer ALWAYS chose that one. So, if I had only one or two of a discontinued product left, I used to shrinkwrap the boxes (yes, just to get them to sell).
But back to the software. All software had a no-return policy, so if we did take it back, we had to resell it. And alas, we had to reshrink it to get it to sell. The only reason we took software back was when we got a really bitchy customer, who knew to bitch his/her way to the top level of management.
Are there signs anywhere in the store that say the software is "new" if not then that leaves a technicality open. If a salesperson is asked if the software is new and he confirms that, then it is being dishonest. Many retail stores do this. I worked for one and they did the same thing. One thing was the customers never asked, "Is this new?" So the issue never came up. Everything was always there and it worked, so we never got any complaints.
;-)
Telling someone would not be thing thing to do. If you do you are pretty much biting the hand that feeds you. Wait until you leave, then you can rag on them all you want.
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.