Gamer buys an empty GH3 bundle at EB Games |
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It's a sad, sad, sad day indeed for Activision's Guitar Hero III: Legends of Rock (Xbox 360, PlayStation 3, Wii, PC). Recent articles revealed an incident were an encounter occurred when an EB Games employee was faced with a complaint from an angered customer: a newly purchased bundle of Guitar Hero III was found to be empty.
The day after purchasing the empty bundle, the customer promptly returned the following day to get things straightened out at the store. The EB Games employee sadly informed the unlucky gamer that nothing could be done about the mishap due to a certain EB Games policy concerning game returns. Left with no other options, the poor, angry gamer left the store with nothing.
After the incident, both the EB Games employee and the store manager chose to check out the other GH3 bundles they had in stock to see of this was only a mere isolated case. To their dismay, their investigation led to the discovery that all their Guitar Hero III bundles they had in stock were, in fact, empty!
Lax security or a mere shipment mishap? We leave this up to the gamers to decide. Our only advise for now is to check out your purchases first before heading home.
Buy: [Guitar Hero III: Legends of Rock Bundle (Xbox 360)]
Buy: [Guitar Hero III: Legends of Rock Bundle (PS3)]
Buy: [Guitar Hero III: Legends of Rock Bundle (Wii)]
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Comments
i bought kane and lynch the other day and they gave me the display version, which i just realized when i got in my car luckily. so i went back and they said ok and gave it to me.
but wouldnt he realize its light without anything??
i hope they help homie out yo
i got NBA2K7 when it launched here in Australia so i picked up the case from the display and gave it to the girl behind the counter so he shuffled thru her game files in the glass case behind her and put the game in the case... when i got home i found that she put NHL2K7 in the box and not NBA... i went back there and complained but they wouldn't accept my return even if it was their employees fault and the girl was there and she remembers me and she said she isn't sure if she put the right game in or not...
anyway good thing i was able to sell the game to a friend for the same price and have been buying games from JB Hifi after that where all the games are sealed shut.
that rule should definitely have an exemption... like the poor guy above... they sold him an empty bundle, they should refund his money and feel ashamed about what was done to the guy.
because its really not that heavy.
It's called "breach of contract". You see, when you buy something you sign a contract. It's called a receipt, and the signature is implied by paying. The cool thing about this is the terms for the contract are explicit in this case it is $$$ for GH3. So he gets home, no GH3, but he paid the $$$. What does this mean? They did not honor the contract. Therefore the customer has the legal right to sue them for breach of contract, and probably several other things possibly something along the lines of fraud. Sure it is irrational to sue for 100$ but sue em for that and your costs and time. Heck, sue them for the $20 an hour you lost where you could be playing the game. Not that I am an advocate for lawsuits, they just need to be shown that their rules permit fraudulent acts on customers. Just my 2cents.
Soo why would you wait till the next day to return it....?
Plus wouldn't you think the box would be a little too light.. And for you other guys, the whole placing the display case in the bags, thats just human error, so just calm down. Im a manager at Gamestop/EB Games and i rarely do that by accident, and we would have the guy his GH3, like i said must have been human error, but the guy waited till the next day, u dont do that.
Kinda happened tome once. I bought shrink wrapped Ninja Gaiden. I went home, opened it and found inside scratched unplayable disc and a year old coffee stained receipt. Bought the thing as new. Got my money back and bought it from somewhere else.
When EB Games was Electronic Boutique. I bought Soulcalibur for Dreamcast. And thanks God I always open the box before gettin home. In my car I unwrapped the box and the game & instructions were missing, also I noticed they gave me a display case, so I get back go to the store and they give me another one.
He have to came back in the same moment he noticed the game was missing, not the other day.
He could easily be lying and if he's not who gives a *****, it's not that much money.
If that happened to me, first thing i would have done when they said they couldn't refund or change would be calling the police for fraud and breach of contract.
It is a crime after all no matter what they say.
I'm opening Rock Band in the car to make sure everthing is there. Oh it comes out today! Good thing I got that pre-ordered.
If they sell me a box with missing items and they basically say "tough sh*t, we have a policy" there will be hell to pay.
The dummy should have realized the box was light, card board is not that heavy. You are wrong about the receipt thing. Receipts need to have two or three signatures to be a valid contract. A receipt is proof of purchase, thats it. Its the store's word against his. Besides the whole thing is a freaking rumor.
Could it possibly be that by the time this guy found the box was empty the store was closed? He may not have been able due to various time constraints to open the game right away. I don't know, but it seems plausible.
I just hope that if this rumor is true, after the store found the rest of the stock was empty the manager went out of his way to contact the frustrated customer to apologize and refund the customer's money and chalk the loss down as customer service. Then get on the horn with EB Corp at West Ches... err.. GameStop Corp in Texas to start investigating possible supply chain problems before blaming the employees for theft.
I'm sorry Mikey, but you're wrong. The customers receipt, as a proof of purchase, is solid evidence that a contract was in fact formed. It shows that the customer paid a certain amount of compensation for a certain item. Furthermore, if he payed by electronic means, he can use his transaction records to show a contract was formed. The customer clearly has a valid legal recourse here.
This is a clear cut case of breach of contract. The receipt is enough proof that the contract was formed, as it identifies the amount paid and the item that was allegedly paid for. All he would have to do it talk to the manager and mention possible litigation, and his problems would be solved.
However, according to the facts in this story, it's not fraud. Fraud has to be intentional with the intent to fraud the consumer. According to this article, they were not aware before hand of the boxes being empty and were merely following company policy.
You don't research your stories anymore?!?!
The boxes weren't completely empty.
http://kotaku.com/gaming/buyer-beware/some-guitar-hero-bundles-lack-the-bundle-324495.php
Some Guitar Hero Bundles Lack The Bundle
Apparently some Guitar Hero III bundles are missing the game. As reported by our sister site The Consumerist, an EB Games employee looked on as his manager opened every Xbox 360 GH3 bundle box they had following a customer complaint, finding that none of them had the game inside.
The kicker? Due to EB Games policy, the customer couldn't return the product (even in light of certain evidence). Shame on EB Games? Yeah, but bigger shame on the customer for giving in. Unless, of course, the guy was lying and the missing games were just an incredible coincidence. Buyers beware. Open GH3 in the store or suffer from a potentially lethal mix of bad luck and *****dom.
Then comparing the source you posted to the this article:
It's a sad, sad, sad day indeed for Activision's Guitar Hero III: Legends of Rock (Xbox 360, PlayStation 3, Wii, PC). Recent articles revealed an incident were an encounter occurred when an EB Games employee was faced with a complaint from an angered customer: a newly purchased bundle of Guitar Hero III was found to be empty.
How can the same bundle be missing just the game, but be completely empty bundles?
Better people need to be picked to send in news. The journalism is going downhill.
When Halo 3 came out I got the Legendary edition of the game, when I got home it had the Essentials case, the Helmet, the base, and no game. I called the GameStop that I got it from and was given an interesting story about how the game was in the helmet. After explaining to the guy that he wasn't making any sense he finally told me to come in the next morning and we could try to work things out with it.
Rather than wait to play me some Halo, I went to Walmart and picked up a regular copy of the game. The next day I went to class, since it started before GameStop opened. When I got out of school I went straight to GameStop and was told that they had no record of anyone calling the store about my problem. The thing that really made me angry was that the guy I was talking to on the phone was the same guy that was there telling me no one ever called. I stayed there and talked to the this guy for over 3 hours trying to get my game. After this guy realized that I wasn't going anywhere, he finally, as per my many requests, got ahold of his higher up and let me talk to him. This guy was just as helpful as a freezer in Antarctica. After being stonewalled by both of these guys I had them call the next higher guy on the chain. This ended up being where I got some sort of reaction from some one. After explaining my situation to the guy and explaining to him the level of incompetence of his sales staff, he had me hand the phone back to the sales person. A few moments later I walked out of the store with $100 store credit. Since I already bought the game at Walmart I wasn't gonna argue about getting more than I spent on the extra game.
Mind you, I went into GameStop that day at 2:27pm, I left around 7:45pm.
If it's not that much money why don't you go ahead and send me $100 then.
Even I didn't buy Halo 3, and I know that the game was in the helmet. Checking wasn't good enough for you?
This guy is nothing but a grifter. he went home took his stuff out and then tried to grift the store!! Omg!! My box was empty!! "because he emptied it" Give me another one!! This kind of grifting happens all the time thats why stores have return policies like that..
Whats an ***** this guy is.....
i just put mine back in its box and checked it, your right, its really not that heavy, but i think its definately a noticable difference when its empty. but maybe he never knew how light it would be, so he assumed it was in there... just really really light.
The game was not in the box, anywhere. The guy on the phone was trying to get me to dis-assemble the helmet, and was trying to convince me that the game was inside the part that was screwed together. And xploren, the game does not come in the helmet. It comes in a plastic container on top of the helmet.
Air Guitar... literally.
I bet he went into the back of the store and took out the games from all the boxes back there too, didn't he?
theres asses and do there dads
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