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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 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
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
> 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
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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