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Game Retailers' Return Policies Criticized

Thanks to GamersWithJobs for their opinion piece discussing the allegedly harsh return policies for videogame retailers. According to the author, "There is no reasonable reason... why a [non-defective, but unwanted] product in such condition should not be returnable, and any retailer who refuses such should not be burdened with customers or money." However, as a forum reply points out: "...if the policy on returns is too liberal, game stores will turn into free game rental outlets for people who don't want to pay for software." Have retailers been changing policies, and where does the balance lie on this subject?

159 comments

  1. Reminded me of when I was a kid... by heldlikesound · · Score: 4, Interesting

    I was about 13 years old, and bought Zelda: 4 Seasons (or something like that) for my Game Boy, I beat it in like 2 days and wondered why I had spent all that money.

    So, I got my mom to take me back to K-Mart, presented my receipt and the game, in it's packaging, but obviously opened. They asked my reason for returning it and I simply told them I was unsatisfied with my purchase, they gave me my money back and that was that. I remember feeling quite good about myself on the ride home.

    How things have changed...

    --


    Cloud City Digital: DVD Production at its cheapest/finest
    1. Re:Reminded me of when I was a kid... by Slowping · · Score: 4, Interesting

      back to K-Mart, presented my receipt and the game, in it's packaging, but obviously opened. They asked my reason for returning it and I simply told them I was unsatisfied with my purchase, they gave me my money back and that was that


      I think you (and K-Mart) had it right on. I think that a reasonable window for full refund is perfectly fine. After a window for returns, say seven days, then it can slip back into something like exchanges only.

      I think that the few times where customers will take advantage of the return policy in bad faith (playing it for 6 days and then returning it) will only be a small burden compared to the extra customers and sales you will gain because they feel more comfortable purchasing with confidence.

      I know that there are many times I've held onto my money simply because I wasn't sure if I'd still like the game after two days, and the return policy sucked. And there are plenty of times where I purchased a game on a hunch, and the game turned out to be quite fun and worth the money. I'm sure I'm not alone, and I'm sure many more games would get sold with a better return policy.

      It all comes back to treating customers right... Many games stores need to learn from the RIAA's mistakes. ... but I'm starting to digress now so I'll stop.
      --
      (\(\
      (^.^)
      (")")
      *beware the cute-bunny virus
    2. Re:Reminded me of when I was a kid... by MrResistor · · Score: 4, Informative

      You have to consider the other side of it though.

      I have a friend who is a Mac guy. Several years ago he wanted to go to a big LAN party, but at the time pretty much every game anybody was playing wasn't available for MAC. His solution? He went to Fry's on Friday and put a nice gaming system on his credit card, loaded it up with pirated games he got from his brother, went to the LAN party, and on Monday took it back for a full refund.

      People really do that kind of stuff.

      I know plenty of people who would happily buy a PC game, install it, run the no-cd crack, and take it back for a refund. In that context, it doesn't seem that unreasonable to me that many stores won't take back software in an opened box. It sucks for those of us that are honest, but unfortunately that's the world we live in.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    3. Re:Reminded me of when I was a kid... by Babbster · · Score: 1
      Your RIAA comparison is WAY out of line. The RIAA is an organization of "content" providers who are dedicated to maintaining an arguably dying industry - price-fixing, ridiculous lawsuits, etc. are their stock in trade. Video game stores on the other hand, are RETAILERS operating on the margins. They actually buy those games and then resell them. There's a reason that there are virtually no sales on video games (sometimes PC games can go for $5 off MSRP but never the same thing for console games unless there's a wholesale incentive), and it's that they're operating on a fairly tight margin.

      This issue, to me, is no different than arguing for the ability to return books or audio CDs if you decide that you don't like them - generally, you can't, and for good reasons. The best reason is that it's not the retailer's fault that you didn't like the game (unless perhaps an employee told you that it was the best thing ever - for example "Run Like Hell is like Half-Life but BETTER!"). If you didn't do the research on the game before the purchase, why should that be the problem of Electronics Boutique or Gamestop (or whomever)?

      The other big problem with video games is that they're for the most part a youth-oriented medium. That means that if there's a store policy to abuse, those kids are even more likely to abuse it. I watch some message boards over at GameFAQs a bit and this past year I've seen a hundred or more posts bragging about taking advantage of Wal-Mart's very liberal return policies. Specifically, they would find video games that had been discounted by other stores but which weren't yet discounted at Wal-Mart - a big example being Beach Spikers. These punk kids would go and buy Beach Spikers for $10 at Best Buy and then return it to Wal-Mart where it was still listed at the original $40 or $50 price. They saw nothing wrong with this since "Wal-Mart is a big corporation and they can afford it" or "Wal-Mart puts little companies out of business so they deserve whatever they get." Admittedly, flexible [or nonexistant] morals aren't entirely a problem of youth but they certainly are more common in young people who haven't learned about consequences and personal responsibility.

      In short, I personally advocate a FOUR-HOUR no-questions-asked return policy. While some folks I'm sure would use this to take the game home and copy it for later play, it would at least eliminate those people who for some reason can't be bothered to do their own research or get an account with Blockbuster or the new Netflix-like Internet game rental service (my apologies, but I can't recall the name right now). Just be sure to buy your games and then go home and try them out right away, and there shouldn't be a problem. Any return policy measured in days or longer is just going to hose retailers.

    4. Re:Reminded me of when I was a kid... by mausmalone · · Score: 1

      Actually, Atari historians (however you get that job) repeatedly point at Sears as a factor in the fall of the video game market. See, aparently, when they let loose the utter shit-bomb that was E.T., Sears had a liberal return policy based around pleasing the customer. Because of this, thousands upon thousands of kids returned E.T., sticking Atari with the bill, instead of suffering with them as they would have had to do today.

      --
      -=-=-=-=-=
      I'd rather be flamed than ignored.
    5. Re:Reminded me of when I was a kid... by mrleemrlee · · Score: 2, Insightful
      Books are different. With a receipt, virtually all booksellers will give cash refunds for books still in new condition.

      The difference is that a book isn't easily or economically copyable. Basically NOBODY takes back CDs or casettes for refund, because they are easy to copy.


      In my view, I think it's a fairly reasonable policy for a store to apply to videogames and other software.


      However, it is interesting to note that EBGames, or whatever they call themselves now, appears to be the most successful game-focused store chain, and they have VERY forgiving return policies, or at least they used to. Babbage's, its competitor, which had a stringent return policy, has never been particularly financially healthy.

    6. Re:Reminded me of when I was a kid... by PainKilleR-CE · · Score: 1

      To a certain extent, though, stores can track this sort of behavior, so that if it becomes a problem they can choose not to sell to that person any more. Sure, it'll always be more of a problem for the bigger chains (like Wal-Mart and so forth, that sell much more than just games), but most of the game retailers have done it in the past, and would still be doing it if the corporate policies hadn't changed to refuse refunds.

      --
      -PainKilleR-[CE]
    7. Re:Reminded me of when I was a kid... by Anonymous Coward · · Score: 0

      We called in the "Best Buy Rental" where I used to work. It was used as a kind of "Try before you buy" service. Buy a PDA, use it for a while, see if it fits. Take it back. If you didn't like it, forget it. If you wanted one, look around for the lowest price. Sometimes that price was at Best Buy.

      We did use it illicitly once...

      We fried our portable TV on the lead end of an 8 hour trip (coke spilled into the top of the TV!). Not wanting to face 8 hours in the van with two toddlers and no videos (books and coloring only last so long!) We went to BB, bought a new portable TV, used it on the trip home and returned it the following day at our local BB. We then got the broken TV repaired a few weeks later.

      =MikeT

    8. Re:Reminded me of when I was a kid... by Derkec · · Score: 2, Informative

      The service you are thinking of is GameFly .

    9. Re:Reminded me of when I was a kid... by SuiteSisterMary · · Score: 1

      Sure, if they start requiring a drivers license to buy games.

      Or, more accurately, a driver's license to return games. Not bad. Actually, the trick here should be that your refund will be mailed to you. Then, you have an address you can track.

      --
      Vintage computer games and RPG books available. Email me if you're interested.
    10. Re:Reminded me of when I was a kid... by uberdood · · Score: 1

      Score 4 interesting for basically admitting you bought something, used it fully, then decided to rip off the business that sold it to you under false pretenses.

      Nice.

      No wonder today's games suck. Too many people over the years abusing the return system. No profit in writing good games.

      --
      "Population 1,656"
    11. Re:Reminded me of when I was a kid... by uberdood · · Score: 1
      I think you (and K-Mart) had it right on. I think that a reasonable window for full refund is perfectly fine. After a window for returns, say seven days, then it can slip back into something like exchanges only.


      Oh HELL no. That's all I need - to purchase what I thought was a new game only to find out when I go online my unique serial number is already in use and I can't log into the game server.
      --
      "Population 1,656"
    12. Re:Reminded me of when I was a kid... by Theaetetus · · Score: 1
      I think you (and K-Mart) had it right on. I think that a reasonable window for full refund is perfectly fine. After a window for returns, say seven days, then it can slip back into something like exchanges only.

      I think that the few times where customers will take advantage of the return policy in bad faith (playing it for 6 days and then returning it) will only be a small burden compared to the extra customers and sales you will gain because they feel more comfortable purchasing with confidence.

      I agree, but... The customers who will take advantage of the policy in bad faith are the ones that will bring the games home, rip images of them, run no-cd cracks, or copy the CD, and return the game. They don't need more than a few hours, much less a week.

      -T

  2. It's Real Simple Folks... by Dr.+Bent · · Score: 3, Insightful

    If the box is not open, you can return it.

    If it's not, you can exchange it for the exact same game.

    There's a reason game studios release demo versions. If you like it, and it runs on your computer, buy it. Otherwise, caveat emptor.

    1. Re:It's Real Simple Folks... by Firehawke · · Score: 4, Insightful

      Not always possible. Many games don't have a demo at all, and those that do don't always have accurate demos. It took Epic two or more months to release an updated demo of UT2K3 that accurately represented the final product instead of being the pre-release open beta.

      Then you've got console games, where demos are only obtained through magazines and are often inaccurate as well because they're 6-month-old betas in many cases.

    2. Re:It's Real Simple Folks... by Anonymous Coward · · Score: 0

      START:
      if box is not open, return for refund.
      if box is open, exchange it for exact same game.
      GOTO START.

    3. Re:It's Real Simple Folks... by VisorGuy · · Score: 1

      One current example is Savage from s2games.
      They don't offer a downloadable demo.

      However, I was able to convince a coworker that we should each buy a copy to play online (we're both getting a bit bored with UT2K3).

      Apparently it messed up his sound on WinXP and it wouldn't even run on my Red Hat 9 until a beta patch was issued.
      This is a game on store shelves!

      Fortunately for s2games we are patient and have agreed to wait for it to get better, but unfortunately for them I have felt compelled to write this.
      It could have all been avoided if a demo were available.

      --
      This user account is inactive account replaced by the PDA
    4. Re:It's Real Simple Folks... by FortissimoWily · · Score: 1

      "Then you've got console games, where demos are only obtained through magazines and are often inaccurate as well because they're 6-month-old betas in many cases."
      Don't forget that there are also consoles where demos aren't easily produced or available at all - like the cartridge-based Game Boy Advance.

    5. Re:It's Real Simple Folks... by Anonymous Coward · · Score: 0

      Well, GBA demos are available. Just not legally.

    6. Re:It's Real Simple Folks... by Firehawke · · Score: 1

      My sympathies. This is precisely the problem-- and for those who say "read the reviews" you get cases like the recent pulled review of Savage on Gamespot..

      The consumer really CAN'T win in this case.

    7. Re:It's Real Simple Folks... by Firehawke · · Score: 1

      Ergh.. lost my first post to the 2-minute wait. Let's try that again.

      Yeah, and the only games that ever make it onto the demo kiosks are the really big titles. Metroid Fusion? Castlevania? Like I really needed to play them to know they were going to be an immediate grab for my collection.

      By the way, nice link-- being a huge Rockman fan myself, I'm going to go sign that right now.

    8. Re:It's Real Simple Folks... by Anonvmous+Coward · · Score: 1

      "There's a reason game studios release demo versions. If you like it, and it runs on your computer, buy it. Otherwise, caveat emptor."

      I'm surprised this criticism isn't aimed at the RIAA. They basically have a setup where you're expected to make a purchase without really knowing what all you're buying, and you have no guarantee of satisfaction.

      I, for the most part, agree with parent poster. The Games Industry has gone a long way to make sure that you know what you're getting with a game purchase. The Record Industry, though, has been downright evil about it.

      Frankly, I think there should be energy put into getting music return policies lifted. That's an attainable goal that benefits the consumer, and forces the RIAA to play fair.

    9. Re:It's Real Simple Folks... by Goldberg's+Pants · · Score: 1

      Demo's are not always released for games either. BIG games too.

      I also take issue with the comment in the article about stores becoming free game rental sites which is a load of bollocks basically.

      MOST games these days come with either Safedisc or Securom copy protection, meaning the average home user flat out can't copy them on their home machine, so this point is null and void. It wouldn't give free reign to copying since the average user couldn't copy the game anyway.

      Those who DO know the way around it wouldn't bother with the trip to the store, and would just download the game off the net anyway.

      In short, it's a specious argument. Store return policies are draconian in most cases. CD's are now uncopyable by about 95% of the population, and yet you still can't return to the title to the stores.

      There IS a way around it if you can do it. Take the game back, and say it didn't work, can you exchange it? When they give you the exchange one, wait a couple of days, or just until a shift change, and then take the replacement game in, still in it's wrapping, and demand a refund because you already have it etc... They check, see it's sealed, and you get your money back.

      I circumvented this last year. I bought GTA3, only to discover Rockstar outright lied on the specs. When I got the box, there was a BIG sticker on the top that said "If this seal is broken, the game cannot be returned". So I opened it at the bottom where the clear tape is. Tried the game, saw it was unplayable, repackaged it, cut a piece of tape out to match the bottom one, and got my wife to take it back. Got my money back no problem at all. (This was at a Radio Shack).

      Not being able to return a product that's non-defective (and let's face it, a lot of games ship unplayable out of the box, and you can't return them either) is a gross violation of consumer rights, especially when you're charged, in the price for the game, the licence fee for the copy protection on the disk so you can't copy it then take it back.

      It's a farce.

    10. Re:It's Real Simple Folks... by gl4ss · · Score: 1

      ah but when the product is 'defective' in every box the game retailer has.

      that is, it doesn't work like it says on the box.

      now, if toyota made a defective car you think they would get away just by giving another one that didn't move to the customer???

      --
      world was created 5 seconds before this post as it is.
    11. Re:It's Real Simple Folks... by exick · · Score: 3, Insightful

      I also take issue with the comment in the article about stores becoming free game rental sites which is a load of bollocks basically.

      I wasn't sure how to read your comments following this. If they were in support of this statement, then I think you missed the point of the author's argument about retail stores becoming free rental outlets. If you look at it in terms of console games, copying them isn't something the average person has the skill or inclination to do. However, they might have the inclination to buy a game, play it for four days, then return it to a store that allows returns or exchanges. Repeat cycle ad nauseum. I think this is what he was getting at.

      That being said, I agree with you. The fact that the default return policy at most software/game retailers is "If it's open, piss off" is ridiculous and infuriating. And for ther record, I consider a game or program "defective" if it has an unreasonable number of bugs and doesn't run adequately under the configuration specified on the box. Just because it isn't physically malformed doesn't mean it isn't defective, and any store managers that tried to argue otherwise would be begging me to take my money back by the time I was through with them.

    12. Re:It's Real Simple Folks... by Azerphale · · Score: 2, Interesting

      If the box is not open, you can return it.

      If it's not, you can exchange it for the exact same game.


      The problem with this is that you can return the opened copy for a copy that is closed. Then just have your buddy turn around without the reciept and return it for a refund.

      I've only done this once and it was because the game destroyed my c:\ drive (ahem... myth II).

      Only once have I had a retailer actually open the copy that was given to me in exchange. I immediately understood the reason why.

    13. Re:It's Real Simple Folks... by Goldberg's+Pants · · Score: 1

      If they do treat it as a game rental, the store, sooner or later, will start to recognise them and ban them.

    14. Re:It's Real Simple Folks... by Twylite · · Score: 3, Interesting

      I recently bought myself a copy of Black & White. It was on a special and I picked it up for (the equivalent of) $9. It didn't work -- the copy protection doesn't like my system.

      So I returned the game to the store, but got the "guilty until proven innocent, which is impossible to prove" treatment. That's a good time to accept the $9 loss and cut it there ... but I didn't.

      Over the next week I spend around 12 hours fiddling with my system, downloading cracks, downloading emulators, downloading patches, in the vain hope of getting the damn game to work. And you know what? I've come to accept that the only way I'm going to get it to work is to cough up $1000 for a new computer.

      Even if I had tried a demo version (is there one?) I couldn't have known that the copy protection on the real product would break it.

      --
      i-name =twylite [http://public.xdi.org/=twylite], see idcommons.net
    15. Re:It's Real Simple Folks... by PainKilleR-CE · · Score: 1

      UT2k3 was definitely one that hit me. The beta played wonderfully on my system, so I bought the game soon after it was released.

      With the store-bought game, it crashed to desktop every time I tried to play it, before even getting to the game itself (crashed from the menu).

      The patches might have fixed it, but I haven't gotten around to reinstalling it on my system.

      --
      -PainKilleR-[CE]
    16. Re:It's Real Simple Folks... by PainKilleR-CE · · Score: 1

      I've come to accept that the only way I'm going to get it to work is to cough up $1000 for a new computer.

      Umm, despite the fact that it's a rather pointless venture, why not a new CD drive instead of a whole new computer?

      Personally, I have a CD-RW and a DVD-ROM drive in my system, and haven't had any copy protection problems on the DVD-ROM. A previous CD-ROM drive that I owned actually was pretty much destroyed by the copy protection on a handful of games, and was the only CD-ROM drive I ever had to replace because it did not work (rather than buying a faster drive). Having multiple drives makes things much easier, and if the copy protection gets out of hand, the no-CD cracks usually take care of it.

      --
      -PainKilleR-[CE]
    17. Re:It's Real Simple Folks... by Twylite · · Score: 1

      Mmm ... I have a CDROM and CDRW, and have tried at least two other CDROMs that I borrowed from work. No luck. I can get most games to work if I keep a spare Windows 98 partition that has nothing installed except the current game I am playing. The problem seems to be some horrible OS / CPU (AMD Duron) combination rather than the CD drive (I've had the same problem with other games that work fine on another OS on the same system).

      --
      i-name =twylite [http://public.xdi.org/=twylite], see idcommons.net
    18. Re:It's Real Simple Folks... by PainKilleR-CE · · Score: 1

      Sounds like a rather unfortunate problem, probably related to chipset drivers for the particular OS (perhaps AGP).

      Over time I've become really conservative with what hardware I'll purchase for my PC because of the problems I saw with various games on various hardware, which is why I don't own an AMD CPU or an ATI video card (though both have gotten better over the years), and why I've tried several times to get away from Creative Labs sound cards but have never managed to find something that works well for gaming while still sounding good and working well with NT-based systems (since I've been using 2k and XP for the last 3 years on my gaming systems).

      --
      -PainKilleR-[CE]
  3. If the game's open... by SandSpider · · Score: 3, Insightful

    ...only give a replacement copy for defective games. Honestly, it's not that hard. There's plenty of other examples of the retail world of this working just fine. Otherwise, yeah, it's pretty much a free rental place. Don't like it? Rent the games from Gamefly, the Netflix of the gaming world. Doesn't help with PC games, but for any console games, it's really cool. As seen on Penny Arcade.

    =Brian

    --
    There is nothing so good that someone, somewhere, will not hate it.
    1. Re:If the game's open... by svallarian · · Score: 2, Interesting

      So, return it, get the shrinkwrapped copy, then return the shrinkwrapped copy for a refund.

      Easy.

      Steven V.

      --
      I patented screwing your mom. But it got revoked for "prior art."
    2. Re:If the game's open... by Vaevictis666 · · Score: 3, Informative

      Some stores will de-shrinkwrap the exchanged product so that you can't do that. The bastards.

    3. Re:If the game's open... by BrynM · · Score: 1
      Most PC games are defective when released (ie: they need patches). I took Sin back after only one evening of trying to get it to run. Now, it seems like I buy a game and if it has technical problems, wait for a patch. If there never is a patch (Freelancer anyone, Mech Commander 2 - both MS games - MS never seems to patch games), then I'm just out the $50 and have no recourse. The end result is that I don't buy freshly released games anymore. I treat them like service packs; wait 3 months for everyone else to have theirs break and see if it's ever patched. I guess this does hurt the company in some way, but not nearly the statement that a return is.

      I did actually pay for MS to have their copy of MC2 shipped back with a nastygram and CD alterations to illustrate my frustration. I wonder what they ever did with that copy. I bet it's sitting on someone's desk as a trophy. I hurt that disk pretty bad :)

      --
      US Democracy:The best person for the job (among These pre-selected choices...)
    4. Re:If the game's open... by Elwood+P+Dowd · · Score: 1

      Don't like it? Rent the games from Gamefly, the Netflix of the gaming world.

      No, they're the GreenCine of the gaming world. I don't mean they're the also-ran: Gamefly and GreenCine operate out of the same building and share some infrastructure, iirc.

      --

      There are no trails. There are no trees out here.
    5. Re:If the game's open... by Anonvmous+Coward · · Score: 1

      " Otherwise, yeah, it's pretty much a free rental place."

      Does that really happen? If the game's satisfactory, who's going to return it by the time the policy expires?

      I'm sorry, but I've heard this reasoning a million times and I've never personally witnessed an actual event where people have, en masse, taken advantage of policies like that.

      People are, for the most part, honest. If they weren't, then clothing stores would be out of business. Imagine buying some clothes, returning them, buying new clothes, rinse, repeat. Wouldn't even need a washing machine anymore. :P

    6. Re:If the game's open... by gtshafted · · Score: 1

      ummm this is great for console games, but Gamefly doesn't rent PC games. I don't play console games =) so this still sucks

    7. Re:If the game's open... by Anonymous Coward · · Score: 0

      Honest dude, they do, not everyone but at any give software store there are usually about a dozen or so people that will burn and return over and over again. I have seen it, I have thrown people out of the store i used to work at for this behavior, and i assure you that anytime there is a return policy, lots of people will try and take advantage of it to the fullest.

    8. Re:If the game's open... by arkanes · · Score: 1
      Having worked in retail, I can say that people do in fact do this (mostly old ladies, for some reason), but not really that many and stores just eat the loss, because customer satisfaction from the liberal return policy is worth it. I think the problem here is that in "normal" retail, theres a long history of customer service and satisfaction that stores can't reasonably break without alot of ill will. In the games, and especially the computer industry, people are so used to things not working as described (shipping games that don't run), people not taking returns, and all the consumer-unfriendly stuff in general that people accept is as normal - look at the number of posts doing so.

      I tend to agree with you - a liberal return policy certainly would be abused, but almost certainly not en masse. I certainly would buy more games if I could return them easily.

      That said, my one major game return experience was at CompUSA. I had bought a game, and when I got home I found the box was empty - someone had nicked the CD out of it, and I hadn't noticed the cut tape. I expected a huge problem returning it, but it took 30 seconds at customer service and I wasn't even questioned. So there you go.

    9. Re:If the game's open... by will_die · · Score: 1

      Goto a hobby store they and will sell you all the stuff you need to shrinkwrap something.
      basicly it is just the special plastic and a hotair gun. It is used in alot of hobbies and with stuff such as remote controlled planes.

  4. Well.. by Firehawke · · Score: 2, Informative

    Every store I've been to in the past.. oh.. five or six years has had a exchange-only-on-open-box policy, except on games like Everquest or Planetside where the box pretty much says no resale-- those games I can't return if the box has been opened since they can't rewrap the box and resell it.

    I'm guessing that's pretty much the standard everywhere in the USA at the very least. It can be frustrating when you buy a complete dud...

  5. The Real News by Henry+V+.009 · · Score: 4, Funny

    Title of the next article: Game Players Piracy Policy Criticized

    I don't think that retailers are very interested in being taken advantage of. If we stop pirating games, I am sure they will be quite willing to liberalize their return policy.

    1. Re:The Real News by Mattcelt · · Score: 1

      Yes, let's throw the baby out with the bathwater. I mean, I figure it's our fault they can't sell enough games, right? I know Electronics Boutique has been losing money for many years - it's a wonder they even stay open! And don't even get me started on Epic Games - when was the last time anybody there bought a Ferrari or a Porsche? I can't imagine what I was thinking, expecting decent customer service when there are all those nasty pirates out there!

      --

      If copyrights are so important, how do people make so much money on the best-selling book in the world, which was never copyrighted?

  6. Tough Problem by Quinn · · Score: 3, Interesting

    Would it be alright if I bought a book, read it, didn't like it, and returned it? The words are in my head-- I've consumed it, so can I return it? Can I vomit up a consumed cheeseburger and demand my money back from McDonald's?

    I don't see that the retailers have a choice. You installed the game. You have the CD key. If the publisher didn't implement restrictive copyright protections (also whined about), then you have it and can continue to play it.

    There's a rental industry. There are demos. What do you want, exactly?

    Wait for the reviews, buy warily, and remember which companies screwed you with a bad title. Don't buy from them again.

    --
    #19845
    1. Re:Tough Problem by An+El+Haqq · · Score: 1

      Would it be alright if I bought a book, read it, didn't like it, and returned it?

      Generally it is. Borders allows you to return purchases within 30 days.

      As for PC games, 1 major problem is the need for post-release patches. You play a demo and notice a bug or two, but you see that a patch has been released. You rush to the store and buy the game, and much to your chagrin, the patch doesn't help. The game still has problems. Great. You can't return it even though the company sold a product loaded with defects.

      I'm glad that I was able to return Anarchy Online during the first month of operations. Returning Red Alert 2 was a great experience (reviews were good, there was no demo, and I'd liked Red Alert). When I bought Post Mortem (after reading reviews that failed to point out how terribly bugged the game really was), I was relieved that I had gotten in on the final week that the local EB was accepting returns.

      Since I'm no longer allowed to return games, I've just quit buying them. I'll wait until they drop below $20 or until I receive them as gifts.

    2. Re:Tough Problem by JExtine · · Score: 2, Interesting

      If I consume part of a cheeseburger, and it makes me WANT to throw up, I better be able to my money back. Same with videogames...

    3. Re:Tough Problem by mausmalone · · Score: 1

      And if you buy a game as a gift for a friend or a relative? What if you do buy a game for li'l cousin Timmy only to find out he already has it? Someone above mentioned stores having an echange-only-on-open-box policy, and that doesn't sound that bad. But if the game really really really really sucks, I demand my money back. None of this exchange-only bullshit. At most times there's only 1 game out that I really want, and if that game sucks, the money can be better spent on hanging out with friends.

      And, yes, if I buy a book, start reading it, and realize that I hate it, I'm taking it back to BN and getting my money back. You'd have to be really dumb though to make it all the way through the book and then realize that you hate it. Most of these people are talkint about games they've opened, but not consumed. Stuff that doesn't work on their hardware, or they got just a little bit in and realized it's awful.

      It's not vomiting up a cheeseburger and demanding your money back. It's opening the wrapper, taking a bite, realizing it's (more than usual) rancid, and demanding your money back.

      --
      -=-=-=-=-=
      I'd rather be flamed than ignored.
    4. Re:Tough Problem by geoffspear · · Score: 2, Insightful

      Of course, these days bookstores are happy to let you sit there reading their books and drinking coffee all day and not buying the books at all.

      And they probably actually sell more books because of that policy.

      --
      Don't blame me; I'm never given mod points.
    5. Re:Tough Problem by Twylite · · Score: 1

      How exactly does your average home user download a 70Mb demo over a 56k modem ...?

      ... and that's a BIG if on the "restrictive copyright protections".

      --
      i-name =twylite [http://public.xdi.org/=twylite], see idcommons.net
  7. The GameStop policy on used games works! by cjmnews · · Score: 4, Interesting

    If you pick up a used game, try it and hate it, return it within 7 days for a full refund. Of course if it is defective the same rule applies.

    They do this with the console games at least. I'd buy a lot less games if this wasn't the policy.

    For NEW games they'll buy it from you at a used price, which is ok (75-25% depending on the age of the game, and number of used copies), but it would be better if they would have the same policy of the used games for the new.

    --
    You can lose something that is loose, so tighten the loose item so you don't lose it.
    1. Re:The GameStop policy on used games works! by Anonymous Coward · · Score: 0

      Up until four months ago, Gamestop would also take opened, new games within seven days as long as the product was in new condition. Someone was unsatisfied with the idea of buying the returned game as a new game and sued. Gamestop lost and now doesn't take back new returns. I hope whoever sued enjoys her/his $5 coupon and never ever gets to return something again in their entire lives.

    2. Re:The GameStop policy on used games works! by Anonymous Coward · · Score: 0

      This used to be their policy for all games though (7 day return policy).

      I work there and know the policy sucks.

      There is a problem with people buying and returning games like a rental service, but the real problem is hte amount of crap the gaming companies are putting out. When you get titles like Brute Force and Tomb Raider that are self claimed blockbusters and people buy them only to be upset, that's a lot of lost money.

      The game stores now want to profit from this by refusing returns on opened new games. That way they'll get more used copies quicker. There are a large number of copies of Knights of the Old Republic I know we would have never had before because we would have taken them back as returns before. There's nearly a 50% profit turn over on a copy of that game traded in (@$25) and sold (@$45), and realistically it works out to better odds since we force you to use the $25 we're giving you for the game in our store (unless you want to take an even larger hit in value by taking cash).

      Ok. That aside. Used copies are fine. We don't generally sell crappy copies. A lot of copies come in that were hardly touched. If you're leery about used games, remember you can ask to see the disk first and most stores have better return policies on used (Gamestop has a 90 day return policy).

  8. Bad Games by PktLoss · · Score: 3, Interesting

    Ive dropped some money on some really crappy games, and to be honest, I probably would have asked for a refund. Blood Wake for the X-Box for one example, I new within hours that I didnt want it, but was stuck with the purchase.

    HMV in my area recently began their no-return policy on opened products to combat rampant burn & return customers (I am a good friend of the General Manager, who spoke of customers who repeatedly puchased 10+ cds to return the next weekend). Reasons like this justify these policies quite well in my opinion.

    Lax return policies for games with online play can be a slap in the face for second round purchasers, imagine buying StarCraft or the like, just to get kicked off line frequently because your CD-Key is used elsewhere.

    I think we are left with two equally distastefull alternatives.
    - Exchanges only on defective merchandise, no refunds, no exceptions
    - DRM Crusted software, store can confirm through online database that software has been removed from your system, and that you are no longer a rightfull owner.

  9. Make informed purchases by evslin · · Score: 1

    Unfortunately as long as games are easy to pirate (that goes for CDs and DVDs too) I don't think you'll see return policies loosened up anytime soon. Read reviews from several different sources and talk with other folks before spending $50 on a game. (I found out the hard way when I bought Asheron's Call 2, heh)

  10. Idea by August_zero · · Score: 3, Interesting

    Simple solution

    You can return any game, for any reason but if it isn't for the same game (i.e. its a case of "I don't like it") You can only swap for a different game once, after that, your second title like it or not is yours no exchanges except in cases of defective games and even then it can only be for the same product.

    --
    On Wall Street they say "buy low, sell high" On the pad we say, "buy high, sell high" Isn't that somehow better?
    1. Re:Idea by shadowcabbit · · Score: 1

      EB used to do this. They don't anymore because people would conveniently "lose" the receipt that read "THIS SALE IS FINAL".

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      "Why Subscribe?" Good question...
    2. Re:Idea by Anonymous Coward · · Score: 0

      Yeah, this would only work if the stores themselves are willing to take some intiative to enforce it. One way to get a head start, is to not honor returns without the receipt, and to not give the customer 5 and six copies only one of which bears the "final sale" tag. The people that are scaming know they are scaming and honestly telling them to STFU isn't going to lose you a valuable customer, it ditches a whiny never buys anything customer.

      I have friends that work for Gamestop, and back in the more carefree days of return anything, there were customers that would exchange then return games 15 or more times on one sale and there wasn't a thing they could do about it because the store policy (back when it was still Software etc) was take back anything less than 14 days old.

      A good store should be understanding, but there is a huge difference between being a "good store" and being outright stupid.

  11. the good old USofA by Sparr0 · · Score: 1

    where we have the UCC which says they have to give you a refund (yeah, theres restrictions. no, joe gamer isnt affected by any of them). they dont like it? tough titties. Always take a copy with you when you go to return a game. has never failed.

    1. Re:the good old USofA by Anonymous Coward · · Score: 0

      Your ideas are intriguing and I would like to subscribe to your newsletter.

  12. The problem with people... by nicksthings · · Score: 1

    ...they need to do far more research before picking up games - $50 is NOT a small purchase for most people, so it would make sense to be knowledgeable of the product you're purchasing. This means reading reviews, previews...whatever. If you're still hesitant, rent it, play the copy your buddy bought...whatever.

    The problem with returning opened, new games is that retailers have to and do turn around and sell that same game as new. Technically, the game is no longer "new," therefore there's some slight "dishonesty" going on there - which is why there's actual LAWSUITS pending (which is why I know at least one big video game retailer changed their policies) re: this practice.

    Rent it, try a friends copy, buy it used where applicable (most places that sell used will take back a used game for the full refund price within 7 days). In general, people just need to know what they're getting into. You're buying something, not renting it or borrowing it.

    1. Re:The problem with people... by PainKilleR-CE · · Score: 1

      Unfortunately, most places don't rent computer games, and many places do not sell used computer games.

      It comes down to 'try a friends copy', which also means you're unlikely to be buying a lot of new games, or reading the reviews, which, in some cases, is not any better of an option than buying the game and being stuck with it.

      Besides that, the problem is most often with games we are not hesitant about buying, rather than ones about which we are hesitant. UT2k3, for example, had a working 'beta', and numerous other games using the previous iterations of the engine. The 'beta' worked fine on my machine, Unreal and UT worked fine on my machine, the retail version of UT2k3 did not work at all. Hell, I had even had problems with UT's copy protection, and later purchased hardware that did not have problems with that protection (after it died around the time Diablo 2's copy protection hit it), yet 2k3 did not work.

      The game industry is being protected by the retailers' policies. Instead of selling returned games as new, they should be returning them to the publishers, sticking it where it belongs. The copy protection is supposed to stop people from copying the games, so the problem of people copying and returning shouldn't be there (oh, wait, the copy protection doesn't work for shit, but they keep putting it on there). If the company is using CDkeys and copy protection to protect their discs, then make sure that every copy protected or CDKey-bearing disc is returned to the publisher. If a CD Key is returned and isn't banned from their service, than that's their problem, but at least you (as a retailer) don't have a customer with a useless CD Key because someone copied the game and posted the key on the internet before returning it to you.

      --
      -PainKilleR-[CE]
  13. What about researching purchases? by ryanmoffett · · Score: 1

    I have been burned so many times about software purchases that I always read several reviews about a game/piece of software before I purchase it. If the game is brand new, I wait for others to post their views to forums or discussion groups. While I can't remember the last time I played a copied game, or allowed someone to copy one of mine, I understand why retailers don't allow returns on opened merchandise. However, no matter how crappy a game is, you can always recover "some" of your loss on eBay or Half.com. What about buying your games/software via those venues? You don't invest as much in the game and you can judge the game by how much it is worth on those markets...

  14. Roms and such by schnits0r · · Score: 1

    This would be a perfect example as to why we need to allow roms. For example, I download Metroid fussion. I play it for a bit. I like it. I cough up the 50$ for it becasue it's a worthy additon to the metroid series. Boom, game makers just won themselves another loyal costomer. But on the flipside, I downloaded Pokemon Pinball (for xmas gift material, I swear). I play it for a bit and I find the graphics are lacking. The game control is terrible. So, therefore instead of paying for that game, I don't buy it, delete the rom (becasue I won't play it). This money I set aside for entertainment goes towards a different game. Either way, the company gets my money, I'm a more satisfied costomer. Even if the companies are against the whole ROMs thing for "potential piracy", they should offer a free sample rom for download off their site of a game that will let oyu play like 2 or 3 levels. So this way money is made, and costomers are happy.

    1. Re:Roms and such by WaKall · · Score: 3, Insightful

      I like your idea, though it has a big problem. I'll take GBA games as an example. Nintendo ships demo roms of games. First level, or only one character selectable, however they want to cripple it.

      In order for them to be accurate representations of the game, they either have to

      a) give you read-only cartridges as demos. No electronic delivery, high-cost for them.
      b) provide an emulator + rom download, thus expediting one of the two roadblocks to pure piracy (the emulator).
      c) Give you a read-write cartridge, and a rom download. You play it in your GBA. This is effectively b, but it plays on the console instead of on your computer.

      There is no cheap solution that does not encourage piracy in the case of the GBA.

      For optical media, it's a bit easier. They can put demos on other game discs in the extra space, or ship whole demo discs (PS2 does this - the JamPack demo discs. Xbox has these too). These tend to runabout 9$ a pop.

      But, they still won't let you download and burn demos to disc and run them. That would be one step closer to letting you download illegally ripped roms and playing them on unmodded hardware.

      FWIW, I bet Xbox will be the first succesful case of electronically delivered console game demos. Live + hard drive means they can give you a game demo in a controlled manner that doesn't contribute to piracy. That's a good thing.

      PS2 could do the same, provided they get a network set up. They have the hard-disk add on.

      Nintendo could have done this with the GBA player. A Flash memory unit in the player, and a hook into the broadband adapter to populate it, then customers could download GBA-cart demos and play them on the tv.

      I guess the point is use the trusted hardware that your target market already has to deliver the demos.

    2. Re:Roms and such by jx100 · · Score: 1

      heh.. here's a third option (and something that Nintendo's already done)

      Make a GCN demo disk, and have a GBA game for download.

      The GCN Preview disk has a demo for Wario Ware on it. Granted, this requires a GCN, GBA, and link cable, but it is still an option.

    3. Re:Roms and such by jx100 · · Score: 1

      gah.... *fourth* option, I mean...

  15. Restocking fees by VisorGuy · · Score: 1

    Since they can't resell the software as new it would be reasonable for retailers to charge a restocking fee, much like hardware vendors do.

    --
    This user account is inactive account replaced by the PDA
    1. Re:Restocking fees by PainKilleR-CE · · Score: 1

      I don't know about everyone else, but I don't buy from vendors that charge restocking fees for hardware. If I return hardware, it's because it's defective for the function for which I bought it, and should be returned to the manufacturer. I buy from local retailers precisely because returns are easy, and hardware is occasionally defective, and a restocking fee is rediculous when the hardware is defective.

      Of course, when the retailer informs me of reasons why a product would not work with my system and I buy it anyway, and find that they were right, I find a restocking fee perfectly within reason, because they can still sell the product to someone that can use it.

      A piece of software should be the same way. If the product does not work because of a defect that I was not informed about at the time of purchase, I should be able to get a full refund. If I simply did not like it or ignored the warnings, then a restocking fee would be fine. If the disc is defective then it should be a simple exchange for the same product (which I've never had a problem with from any retailer over anything shipped on a disc, except that people at music retailers look at you in a slightly odd manner when you exchange a scratched disc, and you often have to open the package and show them (the music/movie/game retailer) the physical defect before they stop talking about no return policies).

      --
      -PainKilleR-[CE]
  16. UCC = Uniform Commercial Code? by Trillian_1138 · · Score: 1

    Sparr0 said: "where we have the UCC which says they have to give you a refund (yeah, theres restrictions. no, joe gamer isnt affected by any of them). they dont like it? tough titties. Always take a copy with you when you go to return a game. has never failed."

    Could you be more specific? I would seem you're talking about the Uniform Commercial Code. I looked it up (yay Google) and found it online here: http://www.law.cornell.edu/ucc/ucc.table.html

    Looking under section 2, Sales, offered no obvious example of what you seem to be talking about. That a seller is obligated to give a refund for a returned product. Even running a query for "return", I could find nothing helpful. There were a couple sections that talking about the provisions for returning sold goods if the two parties _AGREED_ the buyer would have the right to return them, but nothing that seemed to simply say "All bought goods may be returned."

    Am I missing something? Becuase if you're right, that would definatly be nifty.

    -Trillian

    1. Re:UCC = Uniform Commercial Code? by Anonymous Coward · · Score: 0

      I have no idea what the parents parent is talking about either, but I immediatly thought about buyers remorse... you are given x hours to change your mind, this right can be waved (the only time I know of it being waved is real estate) with a signed document.

    2. Re:UCC = Uniform Commercial Code? by Sylver+Dragon · · Score: 1

      On a similar tangent, one thing that might be worth looking at is the license that most games have these day. I seem to recall that most of them state that, if you don't agree to the terms you should return the product to the retailer for a full refund. Could you then take back a game and claim that you don't agree to the terms of the license and want you money back? And, when the inevitable refusal comes, go back to the company that made the game and demand your money back? If they refuse, wouldn't it be a sort of breach of contract. Of course, IANAL, but I would think you would at least have some grounds for a small claims lawsuit.

      --
      Necessity is the mother of invention.
      Laziness is the father.
    3. Re:UCC = Uniform Commercial Code? by Anonymous Coward · · Score: 0

      I believe this method is how several people have managed to get refunds for copies of Windows they didn't use that came installed on new PCs. There was a story here on Slashdot about this recently, if I recall correctly.

    4. Re:UCC = Uniform Commercial Code? by Sparr0 · · Score: 3, Informative
      I am going to try to be concise. It will appear that I am leaving many things out, because I am. The UCC is long, like all laws. Feel free to add to this if theres anything you think contradicts it. Please note that I am breaking many heirarchies, do NOT assume that (1) and then (b) means its 1b, it could be 7b, or from a different section. I will keep actually adjacent sections together and nonadjacent seperated by a blank line. The bold italic part near the end is the most important part, so you can skip to it if you just want the answer to your search.


      (1) Rejection of goods must be within a reasonable time after their delivery or tender. It is ineffective unless the buyer seasonably notifies the seller .

      (c) the buyer has no further obligations with regard to goods rightfully rejected.

      (1) Acceptance of goods occurs when the buyer
      (a) after a reasonable opportunity to inspect the goods signifies to the seller that the goods are conforming
      or that he will take or retain them in spite of their non-conformity; or
      (b) fails to make an effective rejection (subsection (1) of Section 2-602 ), but such acceptance does not occur until the buyer has had a reasonable opportunity to inspect them;

      (1) The buyer may revoke his acceptance of a lot or commercial unit whose non-conformity substantially impairs its value to him if he has accepted it
      (b) without discovery of such non-conformity if his acceptance was reasonably induced either by the difficulty of discovery before acceptance
      or by the seller's assurances.

      (1) Where the seller fails to make delivery or repudiates or the buyer rightfully rejects or justifiably revokes acceptance then with respect to any goods involved, and with respect to the whole if the breach goes to the whole contract (Section 2-612 ), the buyer may cancel and whether or not he has done so may in addition to recovering so much of the price as has been paid
      (a) "cover" and have damages under the next section as to all the goods affected whether or not they have been identified to the contract


      (1) After a breach within the preceding section the buyer may "cover" by making in good faith and without unreasonable delay any reasonable purchase of or contract to purchase goods in substitution for those due from the seller .
      (2) The buyer may recover from the seller as damages the difference between the cost of cover and the contract price together with any incidental or consequential damages as hereinafter defined (Section 2-715 ), but less expenses saved in consequence of the seller's breach.


      I would like to reiterate some of the bold parts, paraphrased. If you dont like it, you can reject it. If you dont reject it but it doesnt conform to your expectations, you can revoke your acceptance. If you do either of those then not only are you entitled to recover whatever of the price you have paid, but you also have the nifty option of buying a replacement and having the original seller reimburse you for the difference in cost. That last part applies less so to games than to office software, but a perfect example would be Tax software. You need it and you need it TODAY, so if the software you get doesnt meet the expectations set forth then you have the option of getting a replacement elsewhere at the seller's expense.

      PS: 90% of slashdot readers qualify as a Merchant Buyer with regards to purchasing software, which adds a few more really juicy options that take a lot more reading to get into. I leave that as an excercise for the reader.
    5. Re:UCC = Uniform Commercial Code? by Babbster · · Score: 2, Insightful
      The problem with your analysis of those legal excerpts is that they use the word "conformity" and you use the word "like." Under your interpretation, you could buy a book, take it home, read it, dislike it and then return it for a refund. Because the question of whether an entertainment product "conforms" to consumer expecations and/or needs is subjective, you can't apply the law in that fashion (the only exception would be software that just plain doesn't work). If you could, then the industry would simply collapse since you couldn't possibly make law specific enough to cover, for example, disliking the ending of a video game, disliking the lack of customizable controls, etc.

      If people think that $50 is too much to risk on a game they know little about then they need to either a) start paying attention and gathering information before purchasing, b) wait for games to decrease in price, or c) stop buying video games altogether.

    6. Re:UCC = Uniform Commercial Code? by Chasuk · · Score: 2, Interesting

      I have worked retail for many years. The buyer has no automatic right of return: the rights vary from state to state.

      The Attorney General's webpage for your respective state will usually provide you with the most accurate information.

    7. Re:UCC = Uniform Commercial Code? by xenocide2 · · Score: 1

      how about instead of "don't like" you use the phrase "crashes to desktop" or "refuses to install" or "causes my computer to reboot after ten minutes of play"?

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

  17. Policy changes? by Anonymous Coward · · Score: 0

    "Have retailers been changing policies, and where does the balance lie on this subject?"

    My (at least local) EB changed their policy not weeks ago. It use to say 14 days to return an opened product, unless it was an online-game, etc etc. Now it also excludes harware and normal video games. Which begs the question - what the fuck can I buy at an EB and return in 14 days that's been opened that is not software, hardware, or a video game? I don't think they take game guides back either

    1. Re:Policy changes? by Acidic_Diarrhea · · Score: 1

      If you buy a used video game, (at least at the EB I frequent) they will accept a return on that. I'm not sure of the time frame on it. I do quite a bit of research before I make a purchase and haven't had the need to return a game.

      --
      I hate liberals. If you are a liberal, do not reply.
    2. Re:Policy changes? by Fammy2000 · · Score: 1

      EB used to accept returns on everything (new, used, etc). It was great for when the significant other said "you can't play that!" They changed that rule sometime in the past. I can see why with the rise of CD burners and the crazy "CD Key" concept. It was good while it lasted.

      --
      If I had something intelligent to say, I would have said it.
    3. Re:Policy changes? by Anonymous Coward · · Score: 0

      It still has a section about the policy for "used" items. This was dealing strictly with "new". I guess it's POSSIBLE I could buy and return a DVD, but they will not accept it as a return and will instead try to "buy" it from me like an other used item I want to sell to them

  18. Easy solution by splattertrousers · · Score: 4, Interesting
    Game boxes should come with two CDs: the first is the full version of the game, and the second is a demo which is an exact copy of the full version except that only the first couple levels are available, or it only lets you play for 2 hours or whatever. (As opposed to a demo version that comes out months before the full version and therefore has bugs.)

    If you open the real CD, you can't return the game. If you only open the demo, you can return the game. That way, if it doesn't work on your computer for some reason and you don't feel like waiting for the patches, you can return it.

    Game stores could stop people from buying and returning games just to play the demos by providing extra demo CDs, or by giving store credit instead of cash in exchange for a returned game.

    Of course, the problem is that it's up to the game publishers to implement this and who knows if they'd be up for it.

    1. Re:Easy solution by op51n · · Score: 1

      Not really so easy a solution. This would create more work for the developers of the game, and frankly, when I'm waiting as long as I'm bound to for Half-Life 2, Doom3 or X2, I don't really want anything that creates even more work for them.
      It would also create more packaging for a game, and as I am grateful for DVD packaging cutting out the huge cardbaord boxes surrounding the cd cases.

    2. Re:Easy solution by shadowcabbit · · Score: 1

      ...by giving store credit instead of cash...

      Nobody wants store credit, in my experience as an EB Games clerk for over a year. If they paid cash for a game that they burned, then they want cash back. ...They never got it, but they wanted it.

      --
      "Why Subscribe?" Good question...
  19. Why is that right? by AltaMannen · · Score: 2, Interesting

    If you were so unsatisfied with the game that you returned it for a full refund, why did you finish it? Seems you enjoyed the product, and just didn't pay for it.

    I fail to see the difference between your situation and going to a movie and afterwards ask for your money back because it was only 2 hours long.

    On the other hand, I think it should be law that they demonstrate a game to you before you buy it.

    1. Re:Why is that right? by Beeswarm · · Score: 1

      You expect a movie to be two hours long. If you can play all the way through a video game in two hours, there really is something wrong with that.

    2. Re:Why is that right? by Anonymous Coward · · Score: 0

      The time-length of a game is as arbitrary as that of a movie.

  20. Not so simple... by NetDanzr · · Score: 4, Interesting
    I wish it was so simple. However, recently I noticed an increase in games that don't work, even though the demos work fine. In most cases, this is being caused by the excessive copy protection included in the game. Here's my two most recent examples:

    Temple of Elemental Evil (Troika Studios/Infogrames). Infogrames is notorios for its copy protection (using SecuROM), which prevented plenty of players to enjoy games like Neverwinter Nights. ToEE doesn't fare much better; if I didn't have two computers, I wouldn't be able to play it as the CD doesn't like my CD-RW drive.

    Homeworld 2 (Sierra). Upon contacting Sierra tech support, I was told that it was my responsibility to get a compatible CD drive. All the hardware requirements on the box mention is a 16x CD-ROM, and not even the readme file mentions any other CD-ROM requirements. So how am I supposed to know whether my CD-ROM is compatible without opening the box and trying to install the game?

    I have pretty much stopped buying new games, limiting myself to independent titles downloadable from the Internet and the occassional adventure from The Adventure Comnpany. As such, I can talk only about these two recent examples. However, there are many more instances when a game doesn't run at the stated hardware requirements. That is something one can find out only by opening the box and installing the game. In such a case, your solution would simply lock gamers into an endless cycle where they are unable to return a game that doesn't work.

    1. Re:Not so simple... by xoff00 · · Score: 2, Informative

      Its reasons like these that make me glad of GameFly for my Xbox, and the fact I seem to play more of those games than PC games, now-a-days...

      --
      ...Xoff
      Phineas J. Whoopie, you're the greatest!
    2. Re:Not so simple... by Repton · · Score: 3, Interesting

      I don't know what the laws are like where you live, but here in New Zealand, under those circumstances, you would be entitled to a full refund, and the shop doesn't have any choice in the matter.

      Why? Because you bought a product, with a reasonable expectation that it would work, and it didn't.

      (the relevant bit of the act is probably here, since you said your computer fit the minimum requirements)

      --
      Repton.
      They say that only an experienced wizard can do the tengu shuffle.
    3. Re:Not so simple... by Trashie24 · · Score: 1
      I've also been burned too many times by computer games. Went almost two years without buying one. Then I went out and picked up Rise of Nations which (even though I meet all of the sys reqs) doesn't work on my machine.

      Mostly I just use the aforementioned Gamefly to rent mass quantities of PS2/GC games. I miss the depth of computer games but at least they work right out of the box.

    4. Re:Not so simple... by Anonymous Coward · · Score: 0

      Same here, I have pretty much given up on computer games. I play Geneforge from spiderweb software and some downloaded card games.

      I just got tired of buying games that wouldn't run and having stores refuse to refund. I feel that the gaming industury is going to eventually have to address the problem of people just droping out of gaming because they feel cheated.

  21. I live in MD by Johnny+Mnemonic · · Score: 1


    which is a UCITA state, with provisions. I understand that one of those provisions is that, if I fail to agree to the shrinkwrap EULA, I have the ability to return software (including games) even if opened, since I didn't have the opportunity to review the EULA until the game was opened.

    Question is, has anyone here actually tried it?

    --

    --
    $tar -xvf .sig.tar
  22. problem with console games.... by HuskerDu · · Score: 1

    If one is to look at the return problem in regard to current console games, you would find that the people that buy, burn, and return are all XBox and PS2 owners. Why you ask... they were sloppy with their copy protection. Nintendo got it right. From what I understand people have just recently just been able to make an image of a GCN game, and still they were unable to burn and play it.

    Basically what I'm saying is that the retailers are in a world of piracy hurt because of the manufactures. If you were unable to copy games as easily as you are now we wouldn't be having this discussion.

    1. Re:problem with console games.... by schnits0r · · Score: 1

      That is one of the reasons why cartirges were better. I mean, granted they were still copyable, but I can go to my local radio shack, buy a burner and then I get to copy whatever I want. With cartriges, it was a little more difficult. To copy cartiges, for my "personal backup" usually involved dealing with shady characters and not so normal business practices. I mean, other then online stores, where can you find a cartridge copier?

    2. Re:problem with console games.... by Babbster · · Score: 1
      If you were unable to copy games as easily as you are now we wouldn't be having this discussion.

      If everyone had MORALS we wouldn't be having this discussion. Blaming the manufacturers for piracy is like blaming homeowners for being burglarized because they didn't put bars on the windows.

    3. Re:problem with console games.... by Anonymous Coward · · Score: 0

      Oh, give me a break.

      If a naked woman walks down a dark alley, should she expect to be safe? If a Windows PC is placed on the internet without a firewall, should its operator expect it not to be exploited? If a games manufacturer publishes games in a common, well-documented format, should they expect safety from piracy?

      I myself enjoy watching the cat and mouse games of the CD burner manufacturers and CD burning software publishers (who are both just helping people create and retain their own fair-use copies, for one) against the games industry and their copy protection schemes. Whoever you think the "good guys" are, it is a constant challenge for each to overpower the other. It's only when sides cheat (DMCA) that the game stops being fun.

    4. Re:problem with console games.... by PainKilleR-CE · · Score: 2, Insightful

      If a naked woman walks down a dark alley, should she expect to be safe?

      Just as she would probably be fined for public indecency or some crap, anyone that took the oppurtunity to rape her would be imprisoned for rape.

      You tell me, which is the worse crime?

      As for copy protection, no console using standard formats is going to have strong copy protection forever. The lifespan of a console is just too long for that. While I never have owned a modded console, I've known a handful of people that do, and they get their games primarily from rental.

      As for PC games, most of the people I know like to play PC games online, so copying just doesn't happen (because of the fairly universal methods of locking out multiple users of a CD Key). The problem, though, is that many of the copy protection schemes break functionality for legitimate users, while anyone that really wants to copy the disc eventually (usually within days) can (hey, I've used plenty of no-CD cracks for games I only wanted to use offline, but I have the original CDs, too).

      Still, every publisher and developer expects a reasonable number of purchases for a good, well-developed game. If their expectations are too high, they'll find that out, and adjust their budget for their next title or perish. The console developers and copy protection software developers will continue to do what they can to protect their investment, but in the long run the best they can hope for is limiting copying and pissing off as few customers as possible.

      --
      -PainKilleR-[CE]
    5. Re:problem with console games.... by Anonymous Coward · · Score: 0

      You mistake the point of the post above.

      The point of the analogy to the naked woman is that she should not expect to be safe if she walks down a dark alley alone. Similarly, there's no way that manufacturers like Sony and Microsoft should have expected their common DVD format discs to be copy-proof. Neither the naked woman, Sony, or Microsoft took appropriate precautions, so any damages that come as a result of this are to be expected. The only difference is that rape is never justified, while the copying of game discs for fair use is quite justifiable.

  23. Buy it, burn it, return it by n1ywb · · Score: 1

    Remember those days? 'Nuff said.

    --
    -73, de n1ywb
    www.n1ywb.com
  24. Sounds like my underwear by Mike+Hawk · · Score: 4, Funny

    See, I used to go to the mall twice a week to "buy" new underwear. I originally bought a three-pack of cotton briefs. Well, I took them home and wore them and even left some small stains. I wasn't happy with the product so naturally I returned it. I did this again and again. The store had a liberal return policy and I got away with it for a while. Then one day they changed their policy. This made me furious. I am obviously entitled to return any product no matter the basis for my "disatisfaction" and even if I used it, right? Well, they changed their policy anyway. I didn't buy any new underwear for a while out of protest, even using underwear my friend had purchased and was no longer using. Soon, however, I realized that I actually liked having own new underwear and that I myself was to blame for the change in policy.

    The lesson I learned was about misdirected hostility. It wasn't the stores fault they had to change their policy, it was mine for crapping in their product and demanding my money back. Maybe we should be mad at the people who abused the generous policy instead of the stores who are just trying to run a business. This would entail looking around and in the mirror though, which is much less pleasent than shouting bad words at the sky cursing "them."

    1. Re:Sounds like my underwear by Anonymous Coward · · Score: 0
      I have only four words to say to you: Tony Hawk Pro Skater.

      MAN, WHAT A GREAT GAME!!! The N-Gage is so sick. I love it more than anything else in the world. It's a video game console. It's an MP3 player. It's a phone! It's everything you could ever possibly need. And, quite frankly, the graphics are better than reality. I love Tony Hawk Pro Skater on the N-Gage. It rules!

      Hey Mike, how's it going buddy?

    2. Re:Sounds like my underwear by Anonymous Coward · · Score: 0

      11 minutes? You're slippin. I expect your love notes in less than 5 minutes or it means you don't love me anymore.

    3. Re:Sounds like my underwear by Anonymous Coward · · Score: 0
      You know I was busy playing THPS on the N-Gage. What a fucking sick game!

      Hey Mikey, when does the N-Gage hit store shelves?

    4. Re:Sounds like my underwear by Anonymous Coward · · Score: 0

      I'm too busy to Google it right now. Just go to your local store, I'm sure they are accepting pre-orders for whenever it is.

    5. Re:Sounds like my underwear by Anonymous Coward · · Score: 0

      Karma whore

    6. Re:Sounds like my underwear by Anonymous Coward · · Score: 0
      Dude, N-GAGE OWNZ YOU!!!

      Mike Hawk, it is your duty as a representative of Nokia to tell me exactly when and where I can get an N-Gage. Come on. Oh, one more thing, how much will Tony Hawk Pro Skater retail for? I mean, it's so fucking good I'd pay hundreds of dollars for it.

    7. Re:Sounds like my underwear by Anonymous Coward · · Score: 0

      Mike Hawk, you are a faggot and a shill. But this post was so funny that I.....

      Stop staring at my crotch, you queer.

    8. Re:Sounds like my underwear by Anonymous Coward · · Score: 0

      Exactly how is a comment modded funny a karma whore?

    9. Re:Sounds like my underwear by DerekLyons · · Score: 1
      Maybe we should be mad at the people who abused the generous policy instead of the stores who are just trying to run a business.
      Frankly Mike, very few people on /. have run a real business. (I have and it isn't fun, or easy. It was very different from what I imagined it would be.) If some of these folks complaining tried running a software store, they might understand that human nature, in general, isn't pretty.

      I always find it amusing that the /. crowd in general are firm believers in the 'something for nothing' principle. Download music for free, copy software without limits, etc... But they are unwilling to live the consequences of those actions in the real world where people get hurt from those behaviors.
      This would entail looking around and in the mirror though, which is much less pleasent than shouting bad words at the sky cursing "them."
      That would entail rejecting the lifestyle model so often espoused here on slashdot.
  25. Free rental? by Txiasaeia · · Score: 1
    "...if the policy on returns is too liberal, game stores will turn into free game rental outlets for people who don't want to pay for software..."

    I dunno about the rest of you, but it's way easier to download a game than it is to purchase a game, go home and make a backup, go back to the store and try to convince the game retailer that it's defective, and get your money back.

    People who use stores like EB as game rental outlets obviously don't have broadband -- if they did, they wouldn't bother with going to game stores at all. It's partially the retailer's fault for lack of sales, too!

    --
    Condemnant quod non intellegunt.
    1. Re:Free rental? by Anonymous Coward · · Score: 0

      So, what is the source of the ISO you just downloaded? I'd bet it was someone 'renting' a game from a store...

  26. Steaks by Gunslinger47 · · Score: 1

    I knew someone who'd order a steak at a restaurant, eat all but one bite, then send it back to the cook. I guess there's always people who exploit the system, but there's also people like me who open their Anachronox box and find one CD missing.

    1. Re:Steaks by nekura · · Score: 1
      but there's also people like me who open their Anachronox box and find one CD missing.
      Ouch. But don't worry, whoever would do that to Anachronox will surely find a nice spot in hell. =)
      --

      "Programming is like sex - one mistake and you'll have to support it for the rest of your life."
  27. there are still stores like that? by Zed2K · · Score: 1

    That allow returns on games just because you don't like them? I thought all those disappeared about a decade or so ago.

  28. One problem with returns... by Anonymous Coward · · Score: 0

    Is if the game being returned has a CD-Key. The store should not accept that disk back due to the good probablity of people abusing this to get valid keys.

    Then again, I wonder how many of these stores don't care and would just re-srink warp the game box and put the game back on the shelf. Ignoring key-gens, I wouldn't be happy to buy a game from a retailer only to find out it was a return and someone else was using that Key.

  29. piracy has no connection here by TRACK-YOUR-POSITION · · Score: 2, Insightful
    Wow, I'm really surprised at how anti-gamer slashdot is today. Everyone's pointing a finger at piracy, but I think the article of this story (which you folks may or may not have read) broke that finger off really well--draconian return policies do absolutely nothing to stop piracy via p2p networks.

    Everyone keeps saying to try out the demo, but if the demo works that's no guarantee the game works--especially since copy protective CD-checks are getting more draconian and obscure as well (obscure as in not working properly with all hardware). Unreal Tournament 2003 is an example that comes to mind--I played the demo, I bought the game, game does not work. It think a patch fixed the problem eventually--but it seems to me I should have been perfectly justified in returning the product immediately for a full refund (or store credit at least), open box or no open box.

    Gamestop (which I guess is the same corporate empire as Software Etc.) used to have an insanely liberal return policy as late as last year--a salesman actually encouraged me to try a game and return it if I didn't like it the next day.

  30. Bait and Switch - real issue : Price fixing by MightyTribble · · Score: 1

    Ever wondered why *everyone* sells the same new games for the same prices?

    I remember, back in the UK a few years back, you could buy 'retail' 25 GBP games ( $39.95) for about 17 GBP from mail-order. The 30 GBP games ($49.95) went for around 21 GBP ($33, thereabouts).

    Over in the States, I have *never* found a mail-order company selling a new game at more than 2 or 3 dollars below the holy $44.95 price point. What gives? My suspicion is that the distributors refuse to sell a game to the merchants unless they guarantee a minimum sale price. Isn't that illegal?

    1. Re:Bait and Switch - real issue : Price fixing by Babbster · · Score: 1

      It's far more likely that the margins on most video games are simply too thin at the retail end of the chain to do any serious discounting. This is also the reason that most videogame specialty shops focus a lot more on used games (walk into a US Electronics Boutique, Gamestop, etc. and you'll see that the majority of their wall space is occupied by used product). It's also worth noting that most video games are released in Europe after being released in the States, importing then cuts some of the demand, hence putting deflationary pressure on the localized versions.

    2. Re:Bait and Switch - real issue : Price fixing by MightyTribble · · Score: 1

      I refuse to believe that. ;) UK mail order businesses can still discount new titles by 30 - 40% and make a profit. This is on PC games, released at the same time as the US version. This holds with expected wholesale prices - a markup of retail of around 50% from the distributer. It's a very similar business model to books - and we're used to seeing '30% off' signs both at Amazon and in high street shops. If you can discount books, why can't you discount computer games?

      =

    3. Re:Bait and Switch - real issue : Price fixing by Babbster · · Score: 1

      Because it takes a lot more people with a wide variety of skills to create a computer game as opposed to a book? There's no comparison in terms of investment and cost except for the most elite (read "most popular") authors. It's also worth noting that books keep inching higher and higher in price (I bought the latest Clancy for my dad for $27.95 - 30% which is still close to $20) where video game prices have stayed pretty stable for a long time despite the increased production costs.

    4. Re:Bait and Switch - real issue : Price fixing by iainl · · Score: 1

      Thats a complete non-argument for two reasons, however. Firstly, there is no reason to believe that Amazon US's margins on computer games should be that different to its book margins, when Amazon UK discount both games and books by 25% usually.

      Secondly, while games are obviously more expensive to create than books, the pale into insignificance next to the $100M+ budgets of the contents of popular films, and yet a DVD is usually no more expensive than a hardback book.

      --
      "I Know You Are But What Am I?"
    5. Re:Bait and Switch - real issue : Price fixing by PainKilleR-CE · · Score: 1

      Amazon UK's 25% discount price on new games always seems to fall into the realm of $40-50 US (25-30), which is the normal retail price for games in the US.

      As for DVDs, most of the cost of producing a film is recovered in the box office, so the DVDs are mostly profit. This is also why DVDs don't cost much more than music CDs (though price-fixing on music CDs doesn't help, either). Most films also don't go into the 100M+ range, either, although they do commonly run several million. Movie studios aren't going to give many people budgets they don't think the box office can recover.

      Books require (usually) one author and a handful of editors, and then the publishing. In fact, there are a few models that bypass most of the editing and publishing requirements, as well (you can have a book published in paper format straight from an electronic format submitted by the author), used mostly by new authors just trying to get their work out. On the other hand, books are significantly less likely to sell large numbers of copies, unless the author is a well-known and consistant best-selling author.

      --
      -PainKilleR-[CE]
    6. Re:Bait and Switch - real issue : Price fixing by QueenNina · · Score: 1

      Yes, if a store is lucky, they make about $8 (US) off a game. If they're lucky. A lot of good game sales you see are under cost, and are used to hopefully draw people to the store. For instance, Simpsons Hit & Run PS2 is on sale for $37.99 this week at Circuit City, and we are losing about six dollars on every copy. The stores are not making the killing you think they're making, people. When LOTR: TTT came out on DVD, we had a first week sale of $14.99 for a copy. We lost (JUST my store) over $1000 on that the very first day (we had a lot of copies). Food for thought!

  31. Something I've noticed by 1arkhaine · · Score: 1
    Is that most reputable places in Brisbane, where I live, have a 7 day return policy, even on computer games. I think this is a reasonable amount of time. It is enough to decide whether you like the game without holding on to it for a ridiculous length.

    However, I do have friends who buy a game, burn it then return it for the game they actually wanted, but I wouldn't change the exchange policy - it is quite a drawcard.

  32. even peripherals by hiroshi912681 · · Score: 1

    I wanted to get one of those leet true arcade controllers for PS2... but I don't have a ps2. I have an xbox with a converter. I was planning to use it on my xbox on a regular basis, and bring it to other ppl's houses to play on ps2 (and I was hoping it'd work on PSone).. I asked if it could be returned if it didn't work with my converter... they said the returned product would have to be DEFECTIVE (and that they test it) in order to get my money back. Otherwise... store credit. And what was even more discouraging was the fact they wouldn't even bring the actual controller to the front for me to see it (or touch it). I don't even get to look at it, they say I have to pay for it first. I hate you, Gamestop.

  33. WTF mods? by Anonymous Coward · · Score: 0

    This parent was marked informative?

    Some Mod needs to not be given points anymore, not when there are hundreds of posts by me that are much more deserving of undue credit and full of Karma whoring goodness.

  34. Where does the Balance Lie? by Kwil · · Score: 1
    Why obviously..

    ..it lies within the Acts of Gord.

    --

    That Jesus Christ guy is getting some terrible lag... it took him 3 days to respawn! -NJ CoolBreeze

  35. Yeah, right.... by QueenNina · · Score: 3, Insightful
    Considering that every other person who buys a DVD burner from me (or a computer with a DVD burner built in) asks me how to copy PS2 or XBox games, I don't think it's that extreme for us to not turn into a free copy facility. If people don't know whether they'll like a game, they should rent it from a rental place first before buying it. Or, do like I do, and buy it, and if you don't like it, say, "Rats, I just wasted some money. Oh well, off to Gamespot!" I mean, come on, be reasonable about this. Stores are sick of "renting" laptops, camcorders, digital cameras, etc. to people who are too cheap to pay rental fees. Games, etc., would be too much. There are a lot more dishonest people out there than you would think.

    BTW, no, I am not one of those anti-P2P people. I just think that it would be a pretty bad move to sell people products that can be copied, and then take it back as a return.

  36. Problem causing issues by neostorm · · Score: 3, Informative

    The real issue at the core of this matter (for me) is that gamers can not get their hands on a game conveniently enough to find out if it's a worthy purchase or not. I live in Downtown San Jose California, a very technically oriented and gamer friendly environment. However it is so nearly *impossible* for me to conveniently get my hands on a game before buying that I have nearly axed my game purchasing all together.

    I used to have the wonderful habit of running to Software Etc to check out a new game. Their return policy of "return within 7 days opened or not" was perfect for checking out a new title I wasn't sure about. The only requirement was that you had to keep the game in mint condition. More often than not (due to the large amount of crap games of late), I would return the title to the store, no questions asked, and no money lost. Once in a while i would find a true gem, and I would keep my purchase (or if I found the employees of a particular store to be outright rude, return it and go buy it at the local EB instead).
    Regardless, those days recently ended. Software Etc. ceased allowing gamers to return their purchases citing a lawsuit from someone unpleased about being sold an opened game (which information is nearly never made available to the buyer, but most likely because of the "mint condition returns" policy in the first place). From what I understand, EB has ceased to allow open returns as well.

    For a gamer on a shoestring budget, this was indeed the beginning of dark times.

    For my PC games I turned to downloaded demos. As many have said before me this is hardly ever a reflection of the final product, and is unreliable at best, but still convenient considering I can sit at my desk and pull the game offline right there. However, not all games receive a demo. For those select few I am out of luck, many of which I would die to try out as well, so it breaks my heart to see them pass me buy with no way of getting my hands on them.

    For my console fix I turned to rentals; a highly overpriced way of sampling entertainment. Thought it could be said that I am allowed to complete the rented title and rid myself of it with no strings attached, I like to collect games that I find worth keeping, so this route isn't for everyone. Namely people who want to own the titles and play them more than once.
    But, despite the insane pricetag my local Blockbuster charges, at least I have access to the console games I desire before I lay down a larger chunk of change to own one or two. But this is not always the case. A staggeringly 9 times out of 10 the video store doesn't get the title in at all! This causes me no end of frustration, especially being someone who enjoys more obscure, less popular titles.
    So there goes that solution.

    Recently Gamefly.com was brought to my attention, the description of which immediately brought me great hope! However the same problems with Blockbuster plague this new service on a larger level. Call me cheap, but I am not about to lay down $20 a month to rent games, despite being able to have 2 at a time, as well as keep them as long as I want. This is mainly a time issue, since I work full time and attend night classes on the side. The entertainment-to-money ratio is simply not worth either my time or money. I can't play 2 games at once, and I'm lucky if I get halfway through one per month at all. Recently it's been even less (roughly 5 or less hours of gaming a week). Despite this, I was still considering it due to their sweet deal allowing me to keep a rented game by simply paying it's used price. Digging more into this I uncovered another shock that ended my interest in this service. I looked up a recently favorite, semi-obscure title that can be currently picked up at the store for about $10 used. $30. No-Thank-You. I checked another $12 title. $35. That ruled out that option.

    Now, one of my final answers, which is probably most peoples first solution: Online Reviews. I don't know how others fare in this regard

  37. The Real(?) Reason, from Gamestop by mattwolfewvu · · Score: 1
    I was at the local Gamestop, and one of the employees mentioned their new return policy. (Return in 3 days for new games for store credit I believe, used to be 14 or longer and cash I believe. One might not even be able to exchange new games for others. Their used game policy is much more friendly.) Then he told me the reason why. Evidentally Gamestop (and I've suspected EB of doing this as well) would sell newly-bought, returned games in new condition as new, even though they had technically been used. Apparently some kid bought one of these returns (at another store), thinking it was a new one (as it was sold to him), took it home, and his mom discovered that it was actually was one that had been returned.

    Of course, since this is America, she didn't just return it and bitch and get her money back (which the clerk assured me that the store would have done if she had complained.) Instead she sued Gamestop for something like $1 million, and they were forced to make their return policy much stricter. Like I said, odds are EB does or used to do the same, for I've bought 'new' copies of games that weren't the display copy, and the disc wasn't in a sealed case.

    (As an aside, I hate getting a display model. I don't care if the disc is untouched or not, having an unsealed case with a bunch of extra stickers on it doesn't sit well with me.)

    Anyway, I don't like the idea of getting a used copy marketed as new, it just sucks that their policy had to be changed. I liked the fact that if I bought a game and absolutely detested it I could get my money back. I only did this once (at an EB) and spent my money in the store on another game anyway.

    (Of course, this could all be a line of BS that was fed to me, but it seemed sincere.)

    --
    "I think that when you become a Republican, you don't get to score any more." -- Butt-head
    1. Re:The Real(?) Reason, from Gamestop by Anonymous Coward · · Score: 0

      You're pretty much right. You got the return policy wrong, but the lawsuit thing is true. If you goto Gamestop/Software Etc/ Planet X/ Funcoland, you'll probably see a paper on the counter about the lawsuit. You can get a whopping $5 coupon in exchange for never being able to return anything again.

      On a side note, if you don't like the display copy, ask if you can get an opened package discount. They usually knock a couple bucks off it for you if you're not condescending or demanding about it.

    2. Re:The Real(?) Reason, from Gamestop by Anonymous Coward · · Score: 0

      As a FREQUENT EB customer, as well as friends with a handfull of associates and managers in the area, I'm fairly well-versed in the way that company works.

      Let's say that Madden 04 is the big new release (it was), and that they "gutted" (ie, removing the disc from the case to use the empty box for display) up to as many as 12 copies for a single system (in the case of the PS2). 12 new copies of Madden have had their seal broken into, and the games removed.

      After a week or two, the initial Madden rush dies down, and maybe 4 empty boxes remain in the shelf. The remaining 8 copies, while STILL NEW, are "de-gutted," where the (NEW) game is returned to the opened box. Now, in addition to a handful of sealed "backstock" copies behind the desk, there are now 8 copies of Madden which are still NEW, but appear to have been "used" (as in, the seal has been broken). Some customers (including myself) understand how that works, others can't see how an opened game could still be "new." I figure it's a small price to pay to be able to actually pick up and look at any game (and the instructions) without having to look at it behind a locked piece of glass like some other stores.

      At least in my area, cases where a new game is confused with a preowned one (and vice versa), as well as immoral managers who decide to sell used stuff as new, are almost unheard of. Perhaps I'm just lucky that some genuinely nice people run them?

      This was also why they recently changed their return policy to a "defect-only" exchange. If it has been opened, you can't just return it for another game. It does what it can to lessen fake returns (ie, copied the game, "rented" it, etc.), which should hopefully calm consumer fears that new games have been played by some kid before.

      I buy almost all of my games at the regional EB stores, so while I can't personally comment on a place like Babbages, I can't imagine them doing things much differently.

      On a side note: Feel crappy when you've plopped down $50 on a game and it's a steaming pile of crap? Well, that's tough. Trade it in and try harder next time. Spend some money on a decent gaming magazine or website and learn which games are worth your hard-earned money, and which ones aren't. It'll save you from having to suffer through whatever hyped-up-but-complete-failure game you decide to pick up on an impulse. In other words, don't come crying to me that Raw 2 sucks when you could be playing Disgaea. :D

    3. Re:The Real(?) Reason, from Gamestop by PainKilleR-CE · · Score: 1

      Now, in addition to a handful of sealed "backstock" copies behind the desk, there are now 8 copies of Madden which are still NEW, but appear to have been "used" (as in, the seal has been broken).

      I've found that they usually inform me that the new copy has been opened before they bother scanning it to sell it to me. Perhaps that's just my experience, but there are probably 6 game stores I regularly buy from in this area (each store has different selections of used titles, and I'm often looking for hard-to-find PS1 games) and I've had it happen in at least half of them, and have never been sold a previously opened copy without them letting me know (unless it was used, of course, in which case I was informed it was used) beforehand. The fact is that they're often pushing used titles so hard that they tell me this (and remind me of the differences in the return policies between new and used titles) hoping I'll buy the used one instead.

      One thing I will say, though, is that when the return policy on new titles was better, I almost always refused to buy used games, because I wanted to reward the developer for good games. Now, I usually buy used games. Of course, a bigger part of the difference in buying habits probably comes from the fact that I need to save more money now than I used to (trying to pay off some debt to move to a better neighborhood).

      --
      -PainKilleR-[CE]
    4. Re:The Real(?) Reason, from Gamestop by Anonymous Coward · · Score: 0

      If the game made it to the shelves, the developer has already gotten all the reward they'll ever see out of a game.

      After having worked at a Gamestop for over a year, all I can say is that even the crappiest of titles get cycled around in stores until they are inevitably (and finally) sold.

  38. Or maybe just the in store demos by xenocide2 · · Score: 1

    That happen to be plastered everywhere. In fact, they had Metroid fusion on demo for a long, long time. Nintendo really needs to get its act together on the demo disc thing. If GBA downloadable demos on promotional discs had been available from the start, there would probably have been a stronger corrolation between GC and GBA owners.

    --
    I Browse at +4 Flamebait

    Open Source Sysadmin

  39. it is a moot point by randomdef · · Score: 1

    I found this out years ago, and in all seriousness, all you have to do is yell. Make such a shitstorm and dont back down worth a damn, you'll get your refund, even if it is just to get you out of the store. These arent laws, they are rules and policys, and last time i checked, breaking rules to appease someone who is driving business away is a better practice then letting me throw a chair at you.

  40. Buy/Rent policy by mkraft · · Score: 1

    There's a store near me that has an interesting idea. If you buy a game and return it within 10 days, they'll charge you a rental fee for how many days you kept it. So if you keep it 2 days you'd pay a few dollars.

    You can't return it after that, but you can sell it back to the store as a used game.

  41. Cracker Barrel by Midnight+Warrior · · Score: 1

    Cracker Barrel sells audio books that you can return to any Cracker Barrel for the first week for three dollars less than the cost of the package. So, let us say you buy the Grisham audio book for $40US, keep it for a week (listening to it I hope), and then "return" it to the store, and they give you back $37US. They're not renting it because you paid the full price for the package. They just have a separate policy for "slightly used" material.
    This works as long as the policy says you have to show you bought the game from any of our stores. Would people pirate the game? Sure. But then the store could buy 50 copies, get back 30 of them as "rentals" and keep making a profit on those until someone finally decides to keep the used box. Keep your slightly used inventory low enough and you can pay for the boxes with 5 or 6 rentals. I'd play a new game for $10 and no commitment.
    Plus, if the game failed to deliver, the store could help its customers keep tabs on that kind of stuff and so on.
    Best Buy could pick this up and really trash the Mom-and-Pop used game stores like Replay Media in Dayton, OH. If they went to EA, for example, and said that the SecurROM protection is resulting in many dissatisfied customers, EA might answer to them. But right now, the retailer stays out of the fight by claiming you may have pirated the game and are cheating the system by trying to get your money back.
    Instead, they can game the system and make a profit. State legislatures should like it also as each sale means state sales tax (providing your state does that). And stores can refuse to accept a return on a damaged game and never have to chase you down. You technically own (the license) for every title.

    1. Re:Cracker Barrel by GISGEOLOGYGEEK · · Score: 1

      you forgot to mention that if a company takes the game back, reselling it as 'new' at a slight discount ... the game publisher gets screwed. That's one less truly new copy they sell to the retailer ... and less money to pay for the coders needed to make the next great game.

      Has anyone dug deeper ... does the retailer get his money back for returning the returning the 'defective' software back to the publisher or are all sales final? Final sales here also mean the retailer can't afford to take back the games.

      Raise your hands all of you who when CD burners first came out, borrowed your dads credit card for one of those super expensive drives, pirated everything in sight for a weekend, then returned the burner to the retailer cuz it 'wasn't what you had in mind for your system'?

      --
      George Bush + Linux = "I will not let information get in the way of the fight against Windows"
  42. Gamestop's Return Policy by borg1238 · · Score: 2, Interesting

    I overheard a clerk at GameStop explaining to a customer why their return policy is so great: you can return new games (with-in 7 days I believe he said) and they will give you your money back. Sounds great right? The problem is, they repackage the returned games at the store and re-sell them as new (after all, they are basically new, he said). Some people might not have a problem with this, but I sure do. If I'm paying for a brand new item, I want it to be BRAND NEW. If I didn't care, I would have picked up a used copy for less. Keep this in mind the next time you pick up your "brand new" copy of the latest release.

    1. Re:Gamestop's Return Policy by PainKilleR-CE · · Score: 1

      People that have a problem with this are the reason why even the 7 day return policy no longer exists. If you heard this explained as their return policy for new games, it was quite some time ago. Otherwise, you mis-heard them describing the used game policy (though iirc it's much longer than 7 days). Remember, though, that when they did allow returns, they required them to be in new condition to get a full refund, otherwise, they'd just buy them back as used copies.

      --
      -PainKilleR-[CE]
  43. If you're not sure, rent the game first by blincoln · · Score: 1

    I really can't stand the lack of personal responsibility people seem to take for granted nowadays. Why should retailers subsidize the poor decisions of their customers?

    I've stopped buying games from EB, because they *do* have a fairly liberal return policy, and so half of the "new" games I bought there were actually reshrunk returns from people who were unwilling to take responsibility for making sure they really wanted a game before they bought it. One of them (Silent Hill 2) I actually had to exchange because whoever had bought it previously had gotten some kind of crap all over the media side of the disc.

    If you're not sure whether you want to actually buy a game, then rent it first. Don't expect retailers and other customers to pay the price for your inability to research a product before you buy it.

    Obviously this doesn't apply to technical issues, but those are vastly in the minority compared to the people who change their mind after buying the game, or bootleg them and then return them.

    --
    "...always new atoms but always doing the same dance, remembering what the dance was yesterday." -Richard Feynman
  44. From the retail perspective by kallisti777 · · Score: 2, Informative

    Given the trend of this discussion, I should know better than to post an unpopular viewpoint, but both sides deserve a fair hearing. Flame or mod as ye will.

    I currently work for a well-known American computer retailer with a "draconian" return policy. Previously, I worked for several years as a manager of a similar store with a more liberal return policy. While I empathize with Elysium's viewpoint, my own experience tells me that such policies are necessary for a retailer to survive. A few points:

    First, there are significant restrictions placed on retail stores by software manufacturers regarding their products. Many vendors will not allow opened boxes to be returned to them unless the product is defective, and a few will not accept returns at all. Some even mandate that the media and manuals be destroyed on return. Since it is illegal to repackage used or opened merchandise and sell it as new (and customer demand for opened boxes without big markdowns is extremely low), the retailers that I have worked for generally treat software returns the same way they do theft: adjust the item out of inventory and throw the box in the bailer.

    Second, software piracy IS a huge problem. The article that began this discussion called this position "disengenous" and said that anyone who believed that these policies were designed to combat piracy was "more than naive". I beg to differ. A question for everyone in IT reading this: how long would it take you to get a free copy of Windows if you needed it?

    I have overhead or had customers declare outright that they were going to burn and return software. I have seen staff members terminated for bootlegging software on store computers. I have seen every return scam you can imagine, and it is no way naive or disingenuous to suggest that these return policies are a measure against piracy.

    (As an aside, the most popular return scam in my area is this. Buy a CD, burn it and/or copy down the key code, then scratch the disc. Return it to the store as defective, exchanging it for the same title in a sealed box. Return this one to another location for store credit. Lather, rinse, repeat. I see this daily).

    Third, there are the bottom line considerations. The author of the original article stated that he did not care what the reasons were for these policies and that he intended to vote with his wallet in protest. Aside from the word of mouth Slashdot might generate, let's see how much that "vote" is worth.

    Let's say Elysium finds a store worthy of his business - which is to say, a store that will take back any and all opened box software for exchange or refund. Being a hardcore gamer, let's say he spends $100 every week on software, generating five grand annually in total sales and (optimistically) $1000 profit. Let's also assume that a "burn and return" pirate also shops in this store. Pop quiz: how many zeroed-out copies of AutoCAD will it take to neutralize Elysium's vote? How many "unfit for sale" copies of Office and Photoshop will it take to completely disenfranchise him?

    In closing, it is unfortunate that some retail salespeople treat honest, decent customers like criminals for trying to return software. At my store, we go to great lengths to explain the policy (and the reasons for it) to customers before they buy software and to offer options in case of problems (vendor tech support or money back guarantees, installation help from our tech department, and so on). There are federal laws demanding equal treatment of every customer, so our rules are rarely bent - lost business, while unfortunate, is better than termination and litigation.

    I stand behind my employer on this issue... if you don't like it, then you can complain about me and the evil company I work for, or, more productively, you can support open source software, change the industry for the better, and make retail store policy a non-issue in your life.

    --
    Vanya's Law: "In any culture without irony, fart jokes will be the highest form of humor."
    1. Re:From the retail perspective by Londovir · · Score: 1
      I have to risk being similarly flamed for replying to your excellent post, but I share the same sentiment that you do.

      I began working in the retail industry over 6 years ago, and have gone from being a part-time sales associate to [now] a full-time sales manager. I work for a nationwide toy retailer. During that span of time, I've been witness to the constant evolution of return policies that our company has gone through.

      Five years ago, our policy was extremely liberal, to the extent that, open or not, so long as you had a receipt, you could return the item. We were even liberal enough that we would even exchange an item for the same item even without a receipt. Clearly, our customers were thrilled with the relative freedom that policy allowed.

      Sadly, it did not take long to see the net result of that leniance: piles upon piles of software (both console and PC) that was returned opened. Naturally, for legal reasons alone, that software could not be resold as new condition, regardless of whether or not it was used, or was out of the store for a day or a week. We still had to rewrap it, which meant time and energy wasted on rewrapping items, then marking them down in price so we could sell them as used, then merchandising them in a way that customers would [hopefully] notice the cheaper, previously opened copy, and lastly spending the time and energy to encourage a customer to actually purchase the product.

      I daresay that 90% of the time, we were forced to mark such games so low in price that we would take a loss on the game. Admittedly, as anyone in videogame retail knows, the profit is made on software, not on hardware. However, when you are faced with the decision on how much to mark down a title that is open so that a customer will actually purchase it, you are forced to make that choice: mark it too low to make money but to get rid of it, or mark it to the point that you'll still make money if you sell it, but risk having it waste shelf space until someone finally "bites" (which invariably becomes the last week before Christmas).

      It's a difficult choice, and after much prolonged difficulty dealing with it, about 2 years ago my company switched its policy to a stringent one as well. We now will generally not accept any returns on opened software at all. We will exchange for the exact same title with a receipt. Without a receipt, we do nothing. Lest those who would try to use the system for their own purposes, even when we exchange a bad disc for a new one, we will open the new package to ensure the open-box policy will apply to that copy as well.

      Since I have lived on both sides of the issue, my perspective is more generalized. When I was in college, I was the one faced with rationing out my funds to decide which games I would purchase. Did I ever buy titles that were absolutely abominable? Absolutely. Did I return them to the stores I bought them in? Occassionally, yes. That was back about 10 or more years ago, and I can commiserate with those who [now] argue that policies should be more open than they are.

      Having now evolved into a sales manager, where my career, salary, and daily job status depends entirely on the viability of our store's business, I have a far different perspective. I have to monitor daily margins, profits, payroll expenses, and other financial considerations. Quite frankly, I've had my share over the last 3 years of management dealing with this sort of return policy issue. I've had to deal with the mountains of returns that come in from those who clearly impulse purchased a game, only to find its not up to their expectations.

      I will offer an excellent case-in-point: Madden 2004/NFL Fever 2004. With Madden and Fever being release nearly simulataneously, there were many who chose to take home Fever simply due to its online XBox support, which Madden does not offer. As it turns out, many of those people were not satisfied with the overall quality of the title. If I were given a cash bonus for each title of Fever that a customer tried

      --
      Londovir
  45. Piracy by DarkZero · · Score: 1

    Bad games that force you to wait for the next patch before it's playable. Games with misleading or nonexistent demos. Games that are unplayable due to buggy or draconian copyright protection. Games that just plain don't work with some hardware setups. Lack of an effective rental system. A universal retail store policy of not accepting refunds for opened games, even if they're pathetically defective.

    I can't imagine why piracy would run so rampant in such a consumer friendly industry like PC games.

  46. If the company has an exchange only policy by Anonymous Coward · · Score: 0

    And if your game does not work, then just keep exchanging it for a new copy until they give you a refund.

  47. Not as bad as the *real* scum by 0x0d0a · · Score: 1

    I *really* hate people who have a Playstation or similar that breaks, purchase a new one, swap the Playstations, and return the broken one. *That's* scummy.

    1. Re:Not as bad as the *real* scum by Anonymous Coward · · Score: 0

      My brother got 3 replacement power supplies for his Commodore 64 that way.

      He also turned his Vic-20 into a C-64 using that same plan.

    2. Re:Not as bad as the *real* scum by WoTG · · Score: 1

      Yeah, there are some real scum out there.

      Once, at work, we picked up a few DIMMs of RAM from a large electronics chain. Someone had bought the RAM, steamed off (or maybe just pealed off) the serial number, stuck the labels on 3 smaller DIMMs, and returned them!

      He or she got several free upgrades from 64Mb to 128Mb sticks - and wasted a lot of others people's time in the process! ARGH.

  48. Marketing constraints by 0x0d0a · · Score: 1

    The problems is that demos are used to whip people up into a must-buy state, and as such have to be released a while before the game's release. Generally, that means that everything isn't done. Things like AI, which are generally done last, may get the shart end of the stick.

    If development companies released a "sample" post game release that contained only, say, the first level of the game (but really was from the full game) you might get what you want. Or you might get a lot of games with really good first levels...:-)

  49. Maybe, just maybe... by Inoshiro · · Score: 1

    That's why the defective PC games are exchanged discs-only -- no new boxes are handed out.

    Because people like you are dishonest.

    --
    --
    Internet Explorer (n): Another bug -- that is, a feature that can't be turned off -- in Windows.
  50. This is a Good Thing, in my view. by iainl · · Score: 1

    As someone who has resorted to buying nearly all games from Amazon or elsewhere online, this is a definite Good Thing.

    Its not because Amazon are cheaper (though they are, buy around 25% most of the time), but because I can at least guarantee that I get new product for my cash. The chances of getting a game that you pay full retail price for from the local EB without having one that has previously been returned by some grubby-fingered kid who scratched it up, or been kicked around the shop floor by the resident idiots seems minimal in my experience.

    If the price of lenient return policies is handing over 40 for a second-hand game, then I'd rather they tighten the policy.

    --
    "I Know You Are But What Am I?"
  51. Electronics Beautique by Hard_Code · · Score: 1

    I have purchased many games from Electronics Beautique and they have been VERY good about their return policy. These were honest returns, mostly due to incompatibility with Windows 2000 (when 2000 had just come out). A lot of games didn't say they specifically supported w2k, but neither did they say they specifically did NOT support it. Most games worked fine, some didn't. I even asked before I purchased it ("I'm not sure if this will work on my machine, I might have to bring it back") and they were cool with it. I don't usually shill, but since then Best Buy has come in and started undercutting the poor EB guys, so I just wanted to give them props.

    --

    It's 10 PM. Do you know if you're un-American?
  52. Limit These Things by Derkec · · Score: 1

    Stores could slightly liberalize their policies but require a drivers license to return a game. If they find you repeatedly returning games, they refuse the return. Sure abusers can abuse them once, but if it's only once then they afford that for the benifits of better customer relations in general.

    You see this approach in super-sophisticated, cutting edge retails like Foley's.

  53. Hollywood video. by NaugaHunter · · Score: 1

    ~$6, 5 days, and the ones I've seen have had rows of games. If you decided to buy, yes it would add to the total, but it works out well enough if you go for older titles and buy used.

    To prevent a tangent, I try to base my spending on the entertainment factor. A movie lasts 1 1/2 to 2 1/2 hours, and costs $5 - $15 depending on timing and snacks, or $10 - $20 for the DVD. I generally equate this to $10 for 90 minutes. If a $50 game gives me 10 hours of interactive entertainment, I generally consider it worth it. It's the perception of dropping so much money up front that makes the price seem unbalanced, when in reality it isn't.

    (Also keep in mind a major sporting event or concert lasts maybe 3 hours and can vary wildly from $10 to $150 or more. Compared to this, games that are playable are a huge bargain.)

    Oh, and another review page to check is Game Rankings. They try and collect various reviews together for games and their average ratings. The reviews themselves are rated Game Rankings. I've found these useful because one or another may point out just the detail that makes or breaks the deal.

    --
    R: That voice. Where have I heard that voice before? B: In about 365 other episodes. But I don't know who it is either.
  54. Massachussetts Consumer rights by Tnylr · · Score: 1
    I found this info recently.

    A Massachusetts Consumer Guide: Shopping Rights

    The relevant nutshell, MA vendors can have any posted return policy that they want. But, if the merchandise is defective, it says:
    A store, however, cannot use its disclosed policy to refuse the return of defective merchandise. When the item purchased is defective, you can choose a repair, replacement or refund. This right is contained in the Implied Warranty of Merchantability law. Under that law, merchants cannot limit your remedies. In addition, this means that if a merchant chooses an "All Sales Final" return policy, it must disclose that policy without limiting your rights.

    So, is a CD that won't work in your computer becuase of copy protective defective? IANAL, but I would think so.

    So holds true to a product that lists features on its packaging that it does not meet (so a buggy, unplayable game is defective- assuming it does not work as advertised.)

    Finding a merchandise store worker/manager that has a clue/authority to actually obey the law is another matter.
  55. If you're in the UK, you might like this news... by Dyrandia · · Score: 1

    Or, if you're a hardcore gamer, you probably already know it. Up until recently, I worked for Game. They have a 10 day no-hassle returns policy. Buy the game, play it for 10 days, bring it back. Try and keep it in mint or near mint condition. They'll take it back, so long as you have your receipt. I'm sure it wasn't designed to be a free game rental policy, but those of us behind the tills know that's what you're doing, and probably do the same as well! (I know I did!) This is one of the reasons they hold 45% of the marketshare of video and computer game sales in the UK. They're expanding into the rest of Europe as well. I seem to recall stores being in Sweden and Spain, but I'm not sure where else.