Recently went to GameStop to buy Uncharted 2. Normally had no issues with it you go pick the empty sales box off the self and take it to the counter. They dig around the display case behind them and hand you a skrinked wrapped game. Well not this time. He looked around the case but couldn't find a game so what did he do next? Went to the draws of games where they keep the used copies of games did a little searching and pulled out a copy of the game. He checked the disc and put it in the box I brought to the counter. Then he proceeded to tell me that this is a unopened new game and that the sticker/seal he was going to put on states that. Once I break or remove the seal the game would be considered used. Ok this seal is nothing special its the clear circle sticker you find on many games and movies or to hold boxes closed. He placed it on the plastic case in a way that to remove the game would require breaking it.
Something tells me that is just wrong? The game isn't new and isn't unopened him saying that its new and putting a sticker on the box doesn't mean its new. How do I know I didn't get a used disc. How do I know I got everything that was suppose to come with the game? I know it came with a manual as I saw it when he opened the case. The funny part is the case doesn't even look new it has the remains of a price sticker on the front and the back game cover is damaged. Frankly not sure if this is legal selling what is clearly an opened item as new. Granted I doubt the game's used price is no more than $5 less. It just feels wrong to me.
I didn't touch the game yet its still in the case with the sticker the guy applied still there. I guess I could always return it and go through whatever hell they put me through. Question though is this even legal. I had a hard time finding the legal definition for "Open Box".
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written by Jake, November 22, 2009
yes it is wrong, it's actually the same as if they stole $5 from you, i would take it back and talk to a manager explaining your problem have him give you at least $10 in compensation along with a new copy of the game (make sure you complain about a long drive to get their just because you favor the customer service and that you are a regular customer, if they have a problem call the cops, sounds drastic i know but when hallmark stole $10 from my grandma i went it and we had to call the cops and we ended up getting $20 in return 
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written by Jimmitang, December 19, 2009
Granted, the fact that they say "un-opened" is wrong. And yes, I know exactly what you talking about. However, the fact remains that it has never been played, and as long as you're calm about it the GA's will respect what you have to say. Just a reminder that they do not set their prices or procedures. The game has never been played, therefore, you do no deserve the used price.
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written by Michael, December 19, 2009
At gamestop we have to keep one case from each game on the shelves. Since the companies only ship us sealed copies and not display cases, one or more of the sealed cases are opened up to take the game out and put the case on the shelf. We cannot keep the sealed copy with the disk right on the shelves for security purposes. The disk that was in the case is put in an envelope in the cases where we keep new games. I assure you that it was a new game, all you are missing is the shrinkwrap. If you don't want the seal sticker put on then ask the person who is ringing you out to leave it off.
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written by Anonymous, December 19, 2009
@Michael: Selling that copy of the game as 'new' and 'unopened' when it has been opened is not right. A 'new' game is unopened, guaranteeing that it is in perfect condition, whereas this practice means that the copy of the game that the customer receives has been 'opened' in the past by the Gamestop employees. This immediately voids all guarantees that the disc has not been scratched (for example, the disc may have been dropped, or placed roughly into the envelope, by a careless employee), and thus nullifies the 'new' state it was in. Further, the display case itself is handled, somewhat roughly, by a large number of customers, and is generally in relatively poor condition. Also, in some instances the game manual (left in the display case in the instance above) may have been damaged or stolen, as it is not 'secured' like the game disc itself. Finally, there are various games that come with some sort of code, whether to register it online or (in the case of PC or MMO games) activate the game, can only be used a limited number of times (a limit that can go as low as one time), and is not disc-specific (and is thus easily copied and stolen for a copy of the game that has been pirated, stolen, or simply purchased elsewhere). This can actually render that copy of the game unplayable, since the use of a code on another game would negate its usability for the purchased copy, effectively meaning that the customer has paid for (literal) trash.
As for your claim that this is company policy ("Gamestop policies" being your response title), I would like to note that I have been to two separate Gamestop locations where most of the new games are on the shelves. Those games that are not on the shelves are generally 'big' titles like Call of Duty: Modern Warfare 2. I use this game as an example because the Gamestop location I frequent had almost a dozen display cases, complete with entirely different artwork - and these were different from the 'preorder' cases that they had used for their display for the weeks prior to the game's release. None of the games sold to customers used these cases, even after they had to inform several people that they were sold out and that another shipment should be in a few days later.
Claiming that the game is new and unopened when it has plainly been opened is fraudulent, regardless of whether or not the disc has actually been inserted into a game system. 'Unopened,' by definition, means that the case has NOT BEEN OPENED. Putting a sticker on it and saying it's unopened does not negate the fact that the game has been opened, nor does it negate any damage done to the disc, manual, or case, and it definitely does not guarantee that nobody has copied out any codes printed within.
If I ever personally encountered this, I would not just complain to the manager or call the police to deal with an isolated incident. I would sue the company for fraud, both in their claims and in the price charged to me for a game that is no longer new. I don't even care if I would actually win the case or profit from it - I would do everything in my power to make it a publicly known lawsuit. The last thing Gamestop needs, after all, is for the public to think that they lie to their customers, and calling a game 'new' and 'unopened' when it is neither is a lie.
@Jimmitang: Contradicting yourself isn't exactly the way to make your argument. 'It's not wrong at all' (your reply title) doesn't fit well with '...the fact that they say "un-opened" is wrong.' Next, as mentioned above, the concept of a 'new' game is more than whether the disc has been inserted into a game system.
@Jake: Your suggested approach to handling the situation, I will admit, is far more friendly, and far more likely to result in getting treated properly, than mine.
As for your claim that this is company policy ("Gamestop policies" being your response title), I would like to note that I have been to two separate Gamestop locations where most of the new games are on the shelves. Those games that are not on the shelves are generally 'big' titles like Call of Duty: Modern Warfare 2. I use this game as an example because the Gamestop location I frequent had almost a dozen display cases, complete with entirely different artwork - and these were different from the 'preorder' cases that they had used for their display for the weeks prior to the game's release. None of the games sold to customers used these cases, even after they had to inform several people that they were sold out and that another shipment should be in a few days later.
Claiming that the game is new and unopened when it has plainly been opened is fraudulent, regardless of whether or not the disc has actually been inserted into a game system. 'Unopened,' by definition, means that the case has NOT BEEN OPENED. Putting a sticker on it and saying it's unopened does not negate the fact that the game has been opened, nor does it negate any damage done to the disc, manual, or case, and it definitely does not guarantee that nobody has copied out any codes printed within.
If I ever personally encountered this, I would not just complain to the manager or call the police to deal with an isolated incident. I would sue the company for fraud, both in their claims and in the price charged to me for a game that is no longer new. I don't even care if I would actually win the case or profit from it - I would do everything in my power to make it a publicly known lawsuit. The last thing Gamestop needs, after all, is for the public to think that they lie to their customers, and calling a game 'new' and 'unopened' when it is neither is a lie.
@Jimmitang: Contradicting yourself isn't exactly the way to make your argument. 'It's not wrong at all' (your reply title) doesn't fit well with '...the fact that they say "un-opened" is wrong.' Next, as mentioned above, the concept of a 'new' game is more than whether the disc has been inserted into a game system.
@Jake: Your suggested approach to handling the situation, I will admit, is far more friendly, and far more likely to result in getting treated properly, than mine.
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written by shadwbob, December 20, 2009
@Anonymous, chill out.
First of all, when you buy a video game from gamestop, or any retailer for that matter, you're the game itself, correct? Not the shiny plastic coating around it that costs, what, 2 cents? Sure, it might be opened, but regardless, the game itself, the thing you're buying, is brand new, never been put into a console, such is their policy. It's happened to me before. Ask the employees if you can inspect the disc you're buying before they package it up. If it has scratches, smudges, etc. Then talk to them. Let them know they're selling you a used disc and you're paying the full new price. If it looks brand new, it probably is, and you're getting what you paid for. The fact of the matter is, the price is based on the disc with all it's information. You're not buying the case. IF the disc itself hasn't been used before, by any means other then taking it out of it's case and putting it in an envelope for display purposes, then it's still new. Still un-played. Still worth $59.99. If it has scratches, and they're selling it to you new, then hell, you could probably ask to speak to the manager, and get an extra 10 bucks knocked off a new one when they get a new shipment. Lets face it, you're not buying the plastic case which only serves as security for the disc. It's just an added bonus. Though they should not say "unopened" when it clearly was, the fact of the matter is, you're paying for the game. If it runs fine, then all they did was save you a couple of seconds of tearing off plastic to play your game.
First of all, when you buy a video game from gamestop, or any retailer for that matter, you're the game itself, correct? Not the shiny plastic coating around it that costs, what, 2 cents? Sure, it might be opened, but regardless, the game itself, the thing you're buying, is brand new, never been put into a console, such is their policy. It's happened to me before. Ask the employees if you can inspect the disc you're buying before they package it up. If it has scratches, smudges, etc. Then talk to them. Let them know they're selling you a used disc and you're paying the full new price. If it looks brand new, it probably is, and you're getting what you paid for. The fact of the matter is, the price is based on the disc with all it's information. You're not buying the case. IF the disc itself hasn't been used before, by any means other then taking it out of it's case and putting it in an envelope for display purposes, then it's still new. Still un-played. Still worth $59.99. If it has scratches, and they're selling it to you new, then hell, you could probably ask to speak to the manager, and get an extra 10 bucks knocked off a new one when they get a new shipment. Lets face it, you're not buying the plastic case which only serves as security for the disc. It's just an added bonus. Though they should not say "unopened" when it clearly was, the fact of the matter is, you're paying for the game. If it runs fine, then all they did was save you a couple of seconds of tearing off plastic to play your game.
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written by Awol, December 29, 2009
Well to be honest I had a hard time finding the legal definition of "open" or "used" granted I'm not a lawyer so my sources for searching is Google. Regarding Gamestop policies yes I know you lack space to hold all the games I understand that but frankly you might want to figure out a system where they are not opened and stuffed into a paper sleeve and stuck in a drawer full of other disks in paper sleeves. I work in IT and the paper disks sleeves are great but I never you a paper one for something important I would us a thin plastic jewel case.
@Michael, nothing against policy but this doesn't strike me as right. I know Gamestop employees can take games homes for a night or something and bring them back and they get sold as new. In that case the game is used but you all still sell it as new. Hopefully you can let your bosses know to try to find a better system so gamers truly know if you got a new game or not.
@Michael, nothing against policy but this doesn't strike me as right. I know Gamestop employees can take games homes for a night or something and bring them back and they get sold as new. In that case the game is used but you all still sell it as new. Hopefully you can let your bosses know to try to find a better system so gamers truly know if you got a new game or not.
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written by myname, June 04, 2010
Corporate really needs to put an end to this crap - employees can do what ever they want - policy.
"New" means, as it comes from the factory new. You don't need fifty displays for the same game, I can understand one. Most stores will discount items used for "display" eventually. So if they insist on making each copy they get a "display", they should discount them.
I don't want light scratches, or finger smudges on my "new" disc. I don't want the case dinged, busted, or snagged. I don't want the cover art sun faded, and I don't want the booklet finger picked.
When I'm okay with those things, I'll pick up a used copy and expect to pay the reduced used price.
"New" means, as it comes from the factory new. You don't need fifty displays for the same game, I can understand one. Most stores will discount items used for "display" eventually. So if they insist on making each copy they get a "display", they should discount them.
I don't want light scratches, or finger smudges on my "new" disc. I don't want the case dinged, busted, or snagged. I don't want the cover art sun faded, and I don't want the booklet finger picked.
When I'm okay with those things, I'll pick up a used copy and expect to pay the reduced used price.
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