So get this... I pick up DOAC today at Babbages, and the guys at the counter are like "so, joining the dark side, eh? Everyone's playing that now." Anyway, I bust open the box when I get home, and it's sealed as a box normally is. There's no shrinkwrap on the CD jewel case, but I don't think anything of it since some games come like that.

I try to register, and it says my CD key is in use. Odd. So I check the website, and the FAQ says that sometimes it'll tell you that because it registered you and didn't display anything, but just go try to log in and you'll be fine. I try. I'm not fine; it says my name/password is wrong.

So I call customer support, which fortunately is open until 11pm Monday-Saturday (when was the last time THAT happened?). I only grabbed it at like 8:45 after seeing Monsters Inc. (great flick, by the way)

They ask me the first 8 digits of the CD key, and look it up. They ask where I bought it, what my name is... and they say that someone else in the area did indeed register it already.

Somebody actually BOUGHT DOAC from Babbage's, boxed it back up and carefully sealed the box so nobody would notice, and returned it. GRR!!

Customer service can't nuke the guy's account for me. The CD-keys are one shot deals. The retailer has to call a 1-800 number and have them void it permanently or something.

I'll go back tomorrow and have 'em swap it out for me, but I just thought I'd share the suck with you all. Anyone here ever have something similar happen to them?

I always wondered when that would happen. They need to lock down returns on these online-only games.

Of course software returns are virtually impossible outside of the narrow confines of ebworld or babbages anyway.. I'd hate to see these clowns spoil the last refuges of the software return concept.

Might've been one of the Babbage's employees...

"software returns are virtually impossible outside of the narrow confines of ebworld or babbages anyway"

Not really. It depends where you shop. If you can wait for a title to appear at stores like Fred Myers, Costco, or Kmart you can always get a return.

There's returns, and there's exchanges. Getting your money back is a lot harder than getting something else or even store credit, which is generally pretty easy at a variety of places.

The EB in my area routinely repackages and resells returns. They even have a policy of buying re-sellable used games on the cheap, re-taping the boxes, and re-selling them. You have to ask at the counter whether the game you are buying is new or used, since you are paying full price, but might still be missing a manual or something.

I never thought about a used game having used up a one-shot CD key for an on-line game, but I'm pretty sure the local EBs here are reselling quite a few of them.

'The EB in my area routinely repackages and resells returns. They even have a policy of buying re-sellable used games on the cheap, re-taping the boxes, and re-selling them. You have to ask at the counter whether the game you are buying is new or used, since you are paying full price, but might still be missing a manual or something.'

What the hell? I don't think this is illegal, but it's amazingly slimy.

"They even have a policy of buying re-sellable used games on the cheap, re-taping the boxes, and re-selling them."

I think this has to be illegal.

I don't know if it is or not, but they certainly resell a great many used games as new. I asked a bud of mine who works part-time there about it. He said that he hasn't seen any DAOC returns or buy-backs yet, but if it is selling and is hot, it'll happen.

Apparently the tape they use is identifiable by shape or color, so they can tell you at the counter whether the game you are buying "new" is in fact new or used.

I know they do it in MD and VA. I don't know about anywhere else.

Dude, you've got to call the Better Business Bur, uh, Bureo, um, OK, I can't spell the last word. But you know who I mean. If it isn't illegal it is at least uncool.

Packaging something as "new" when it is in fact "used" is fraud. Brad's right, call the Better Business Bureau, this ain't kosher.

-Andrew

I'm not so sure. Lots of stores repackage returned goods and resell them as new. As long as it was returned in resalable condition, I'm not sure that's illegal. Clearly, these games are in resalable condition: The boxes, at least are always pristine.

Besides, none of the stuff is labeled as new or used. I'm not sure how you would make a case about that.

Last, I don't shop there any more. They are just too expensive. I saved $16 on Civ3 by going through Chips & Bits, and there's probably even cheaper players out there.

Selling returned items that are intact is legal. Selling used games they buy back from some random person, at full price, and without telling you they're used, isn't.

Obviously the solution is suing, and lots of it.

Kazz wrote:
"I'm not so sure. Lots of stores repackage returned goods and resell them as new. As long as it was returned in resalable condition, I'm not sure that's illegal."

I was talking about that whole 'buying used goods and selling them as new' nonsense. But even the "repackaged" option is *probably* only semi-legal. Especially if it turned out something was missing or damaged. A customer has the right to buy, and to be assured that they're buying, completely untouched merchandise.

But then I'm not a lawyer and I have no proof to back up my admittedly idealistic notion.

-Andrew

I can't speak to how they market the used stuff. I can't imagine that all of it comes back in like-new condition. Like I said, I don't shop there these days. I'll ask my friend next time I see him, tho.

>"Obviously the solution is suing, and lots of it."

I'm up for a class action if you guys are! ;^)

EB will resell a game as new only if it is a return and that return is in "like-new" condition. If it's got torn manuals, beat up CDs, etc., it should get returned to the warehouse as "defective". Actually, there is manager discretion on a product that's beat up like that when it's returned. The manager can choose not to accept the return (even within 10 days) on the basis of it no longer being in the condition it left the store in. If that's the case, the manager will offer you the trade-in price instead. If you have the receipt, this isn't very common.

Those games they are buying back (or used in trade-ins) are NOT being sold new again. If they are, the store will be caught by loss prevention. When it goes in their computer as a buy back, it has to be resold under the same SKU. That means it gets sold as pre-owned. Until recently, all pre-owned PC product at EB didn't have the box. They discarded it. Now you'll find boxed games with yellow pre-owned tags at EB. You can make off with some great deals on the pre-owned racks.

So anyway, if this EB really IS reselling a game as new that they got pre-owned, it's going against the entire chain's policies and they will get caught. If you want to be the catcher, make a call to the 1-800 number and it'll get checked out.

--Dave

>But even the "repackaged" option is *probably* only semi-legal.

This happens all the time with college textbooks. When I was in college I spent a summer working for one of the country's largest buyers of used textbooks and they had an entire department dedicated to spiffing up used books to make them look like they were new. (Which, of course, they turned around and resold as new.)

"So anyway, if this EB really IS reselling a game as new that they got pre-owned, it's going against the entire chain's policies and they will get caught. "

Like you said, they will resell it as new within 10 days. So, back to the original point as I understand it, those returns can make for a whole lot of duplicate CD keys being rejected, especially if that single-key system becomes standard in the industry, yes?

I'm no expert, but yes, that seems very true. One-use CD keys should not be allowed. It bars re-selling (which, in many EULAs, isn't allowed anyway...), as well as (most of the time) re-installs. If they aren't willing to ship you a new CD with a new CD key at no charge should yours become defective, or you decide to return the game and the retailer intends to resell it, or if you ever need to reinstall.

It's really more of a pain than it's worth. And they need to stop it.