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.

Comments

hmmm

[XO]

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

[Muggins the Mad]

> 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:used software

[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.

Beat them at their own game

[WIAKywbfatw]

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.

Re:Beat them at their own game

[Thu Anon Coward]

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!

Re:Storefront or warehouse or middle-man wholesale

[gmhowell]

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.