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August 25th, 2011, 02:22
Originally Posted by Xian View Post
I quit shopping at Gamestop years ago for this very reason - opening boxes then selling it as new. I bought my daughter a new Nintendo DS game that already had saved games on it when we opened it - obviously used. Another time they shorted my son a disc when he bought a multi-disc game. They made good on both, but still it required another trip to the store.

It will be very interesting to see how this plays out. Can they still sell an opened box as new? Since they opened the box and broke the seal, does that mean they agreed to the EULA, not you? If this is allowed, can a different store start opening boxes of children's cereal to take the toy out since that might compete with their own toy business?
What I think might get them into hot water is not just that they opened and removed the item but that they gave the purchaser no way to know they had before purchasing it. Until the story broke someone would not have realized it was missing until they got home with the product; at this point it would be non-returnable regardless of whether or not the customer actually used it.

By their standards as well they have already removed the only indicator that might normally allow someone to return a game to their store; they broke the seal and opened the product. They consider such games to be used and so will only offer used game buyback and not refund the purchase price.
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