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risc

macrumors 68030
Original poster
Jul 23, 2004
2,756
0
Melbourne, Australia
I purchased a copy of Assassin's Creed today for PS3. I opened it up and inside was a black disc titled PLAYSTATION(r)3 System Software Update (Version 2.0) and no Assassin's Creed disc.

I did the right thing and returned to the store. I explained the situation and the woman disappeared for a while. She returned and said the store manager was looking in to it.

When he turned up he told me he was refusing to give me a refund or exchange my copy because the game was sealed when the store gave it to me. I explained that's nice and all but inside the sealed package there was nothing but this disc. He told me he didn't care. Once again he told me he was refusing to replace it. WTF!

I left the store and rang Ubisofts tech support line. Oh we can't help you, that is up to the store to fix. WTF x 2.

Sorry about the rant and all but WTF happened to the customer is always right? I have no idea what I am meant to do now, I have a useless disc in a nice box. I also have 2 witnesses that saw me open the game.

I finish with WTF!!!! :mad:
 
Request the store to make an enquiry with their supplier, as it would've arrived to them like that.
 
Go back to the store with your witnesses. CALMLY explain that you called Ubisoft, and that they assured you that the store you purchased it at was responsible for handling the warranty. Therefore it is their legal responsibility to deal with the issue, and you want your money back.

Most importantly, don't get upset, and don't give up. Don't make a scene, but don't let them boss you around either.
 
Do you have the receipt?

Problem, this is how scammers get away with things. I can understand why he wouldn't take it back (I don't think it's right). Call up Ubisoft again and tell them, no this is your fault, you shouldn't be sending out games without the disc.
 
Well I've rung K-mart head office. I spoke to a woman there and explained the situation. She has escalated it up the chain and also let slip that they have had multiple complaints about that particular manager.

I've also spoken to my charge cards company. So I'll give K-mart a week to address the issue and if they don't my cc company is going to cancel payment.

Seriously what a joke though. I can't believe how helpful everyone was except the store manager. :rolleyes:
 
This seems to be a reoccurring problem with games. I would suggest opening the game in the store, just to make sure it is actually there. If you do this, then they will return it because obviously you couldn't have used magic to switch it.
 
That's ridiculous, the manager deserves a genuine cartman kick in the 'nutz'.

Thankfully most stores here, actually open the games boxes themselves and store the discs separate from the case, so when you buy - they have to go and get the disc.
 
Just on that MRU, I was with my brother when he bought a sporting game (some EA yearly rehash) in a store that did that and after we left, he had a look at the manual or whatever and realised it was the previous year's game. Fortunately we were only out for 30 seconds so they switched it for us. Just goes to show that even when they have to CHECK the game they can neglect to put the right disc in.
 
Just on that MRU, I was with my brother when he bought a sporting game (some EA yearly rehash) in a store that did that and after we left, he had a look at the manual or whatever and realised it was the previous year's game. Fortunately we were only out for 30 seconds so they switched it for us. Just goes to show that even when they have to CHECK the game they can neglect to put the right disc in.


Jesus, where do they get the staff in gameshops these days :rolleyes: :confused:

(except Markelshark of course he rules! ;) :))
 
Knowing how fast I get angry If that was me I might of smash the game into the managers face and take the loss.

Don't let that game shop do that to you...canceling your CC order is a good Idea and I hope it goes smooth. Next time you shop at that store open the game up right there.



Bless
 
Man that sucks..
but IF you were a manager and someone came to you and said there was no game in the sealed package, will you simply give him a new one? and if he took the game back what will he say to ubisoft? they wont believe him either.. though i still think the manager shoudnt treat you the way he did..

so did you at least upgrade your PS3? :D:D:D
 
I'm a similar situation. Bought a mouse, broke on arrival but I managed to cope with it. Now it's falling to pieces and neither the 2 companies who made it will replace it, and the supplier just doesn't want to know.

I hope you find a solution to this. I'd hate to be cheated out of a £45 game.
 
Jesus, where do they get the staff in gameshops these days :rolleyes: :confused:

(except Markelshark of course he rules! ;) :))

I we're gonna say. ;) :D

You'd be amazed how easily it's done. When your busy (Especially at this time of the year) and there is a new game every year with only one number changed... We swap anything like that over with no problems though.

In your case though risc it is down to the store. We've had a few where whole boxes are wrong (Godfather on the PS3 was wrong, then when it came back with the right disc they all went back again because the discs didn't have an age rating on) and of course we swap them over, but when you get one thats wrong it just makes you think. I'm not suggesting that trying to trick anyone here, but I do see it from both points of view.
 
Yerp, I'm not surprised the manager gets complained about a lot!

I'd print out a copy of the Sale of Goods Act (or the Aussie equivalent) and go from there.

It probably works the same as it does in the UK... if something is missing or faulty then within the first 6 months or so the burden or proof is on the supplier to prove that it was there (or that it's your fault in the case of faulty goods).

Take special note of their return policy too, which should say something like "We will only take back games where the seal is unbroken. This does not affect your statutory rights." That's the important bit, and a legal requirement to put that (in the UK). No matter what they try to tell you about "no returns policies", because something was missing/faulty you're still legally covered by your statutory rights and can take them to a small claims court if necessary.

Alternatively if you used a credit card, many of the credit card companies have insurance against that kind of thing (fraud etc) and will often refund your card without hesitation.
 
Well I've rung K-mart head office. I spoke to a woman there and explained the situation. She has escalated it up the chain and also let slip that they have had multiple complaints about that particular manager.

I've also spoken to my charge cards company. So I'll give K-mart a week to address the issue and if they don't my cc company is going to cancel payment.

Seriously what a joke though. I can't believe how helpful everyone was except the store manager. :rolleyes:

Going up the corporate ladder is a good way to get what you want and possible a little more. I used to work retail and people whose complaints got to the district and regional level typically got what they wanted and a little "sorry for the inconvenience" gift card or something.


Lethal
 
Personally I don't care about getting a little bit more... I just want what I paid for. 1 Assassin's Creed box with a copy of Assassin's Creed in it. ;)

I'm going to give K-mart a few days to do the right thing, if they don't I have no interest in escalating it within their corporation. I'll just ring my charge card company and cancel the charge. Then I'll walk in to another store and buy a copy of Assassin's Creed... GAME OVER. :)
 
Wow, I'm surprised it's not a Gamestop; those are notorious for this kind of BS. :mad:

I hate that crap. Gamestop does it, so does another store (may be local to my area only, I dunno) called Slackers. They have empty boxes on the shelves that are shrinkwrapped that have a sticker that says "new game" with a full price...take it up to the counter, they unwrap it and grab the game disc out of a generic plastic cd holder and put it in there and hand it over. "UMMMM guys this isn't NEW; NEW would constitute UNOPENED and SEALED."

Good luck with your problem... hope they do the right thing & it gets resolved for you, risc. ;)
 
i had the same thing happen to me when i bought bioshock from bestbuy except mine didnt come with any cd at all. the managers gave me the same bs about they cant give me a new one. so i just kept asking a diff manager each time and finally one of them said fine. =]
 
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