Aussie Retailers Selling Physical "Brand New" Nintendo Switch Games Which Are Obviously Not Brand New - Why Is This Allowed?

TL;DR at the bottom, but read the full story so you know the big picture.

I will omit specific store names in my story and specific games so I don't get doxxed or something by an angry employee. All games I tried to buy were supposed to be "brand new", not "used" or "preowned". The stores I am talking about are EB Games, JB Hi-Fi.

GAME1

So I bought a Switch Lite and decided to buy a new game for it. Went into the shop, couldn't find the game at the stand with the other games so I asked the cashier if they have it BRAND NEW - they did! Then they proceeded to go to the stand and pick the copy of the game I wanted (I missed it apparently, my bad).
The case is really scratched up as I believe that case has been there for a while, they then proceed to grab the game cart from their desk self and just pop the card in case, put in the mangled game manual in the case and just said "Thank you!". As this was my first physical game I bought in many years, I didn't know if this was normal nowadays and I didn't want to create a "Karen Moment" so I just went on my merry way after paying full retail price because I just wanted this great game. I still have it and enjoy it.

Turns out many people have also bought "brand new" games without any plastic wrap so I thought it is one of the virtue signal moments where companies pretend they care so they stopped wrapping games in plastic "for the environment".

GAME2

Wanted to get another game. It was not available at my local (called them to make sure too), so I did a "click & collect" at a shop half an hour away thinking this will ensure that I actually get a "brand new" game instead of a rushing employee just doing it in a rush because they can't be bothered. When I come, it is the same story - employee just grabs the case (which, again, is worn down and has a big scratch over it) from the stand, pops in the card from their shelf and says "Thank you!". At this point I think nothing of it and just think this is what "brand new" means in Australia. According to online forums, only physical games that are sold in Japan are "plastic wrapped", so I just roll with it.

But the story doesn't end here!

The game turns out to be quite not what I expected, so I decide to return it for a refund. I return it to my local, instead of the far away place, get the refund (which was another nightmare as they insisted I have to show them my driver's license or passport and residential address but in the end I didn't have to). Out of curiosity, I check if my local, by any chance, have magically gotten stock of this brand new game at the end of the day. Guess what? Apparently now they have it in stock! I get my friend to call them, and they tell him they have the last unit available!!!
So they are either reselling my "return" as a brand new, or they got a specific delivery that day for a specific game and they only got 1 unit delivered - which one is more likely?

GAME3 from Amazon

Alright, I think then surely Amazon AU will sell "brand new" games. Nope, the case was not wrapped, in pretty good condition, but the game cart had an obvious fingerprint on the back, and a big nail scratch on the game cart's sticker. Luckily the game was really cheap so I just give up and accepted it as it is.

GAME4 from EB Games

Again, bought "click & collect", "brand new", and this time they went through door behind cash register to pick it up! Surely this time I will actually get a brand new game?!?
It's not wrapped, but the case looks perfect and the cart also looks perfect, whatever, ok. Later at home I notice that the case has a different design from other cases - research online shows that apparently that case design is sold in Japan only!!! I try going back to EB Games for a refund but they claim they can't refund it because "I have swapped out the original case with an after-market one"… at this point is just give up and roll with because I don't have the energy, desire or any will to sort this mess out because this is just not worth it.

GAME5 with a "happy ending"

Another great deal for a game I want. At this point I am ready to just accept whatever they give me. Couldn't find the game in the stand, so I ask the cashier if they have it. They do, they open their desk shelf and he whips out the game wrapped in plastic - actually brand new. it is in an Australian case, with Australian age rating, it is obviously not a Japanese case or game. This is not even a triple A game or a Nintendo blockbuster game, yet, it is wrapped in plastic and actually brand new! How is this possible? Obviously, since this is actually brand new, not a single scratch on the case, not a single scratch on the cartridge and it even has that stinky "new" plastic smell - it's actually brand new!


So what the hell were the stores selling me previously masquerading as "brand new"?

Can someone explain to me whether this is normal for "brand new" games in Australia or not? Why are they allowed to get away with it?

Or have I been struck with absolute and undeniable bad luck for the past few months???

TL;DR

I've been buying "brand new" Nintendo Switch games from Australian retailers which had obvious usage marks on cases and cartridges, until one time I got a game that was actually brand new and wrapped in plastic, making me question whether they have been slipping me "used" copies thinking I wouldn't notice. Also, a retailer might have used my returned copy and was selling it again as a "brand new" one. Is this normal and allowed or have I been bamboozled?

Comments

  • +1

    Hit and miss with JB Hifi as well when ordering online for pick-up. Sometimes brand new sealed, sometimes they're clearly used so stopped doing so.

    Now either buy in-store picking it off shelf myself or 99% now off Amazon which are always brand new sealed as expected. Never had an issue with them on any platform.

    Cannot stand the fact that EBGames not only has rip-off prices for new games but they're also not brand new sealed. That's just poor.

    • Glad it's not just me going crazy but other people have the same problems too! Yeah I was really let down by Amazon, and funnily enough, the same game also had another review where they complained that the game came without plastic seal… maybe they refunded it and their copy got sold to me again… who knows.

      • +1

        You could submit a case with Amazon and get them to send you a new copy easy. They won't even bat an eyelid about it.

        When I asked JB Hifi cashier about why 2 of the 3 pick-up titles weren't sealed she just shrugged and said it's how they come. "Want it or refund?".

        • At that point I thought it was "normal" for brand new games to come without plastic wrap, I am pretty sure it's too late to submit a case now.

          she just shrugged and said it's how they come.

          Exactly as my experience!

  • +4

    Given the duration of most games these days, your post is a game and a half. :)

    Yeah, I’ll be annoyed too with the lack of brand new ness.

    • +2

      Thanks, wanted to give all the details to avoid being asked simple questions.

      I have some "used" games I bought through Gumtree and FB Marketplace with banged-up cases and missing manuals, but I really don't care because I know that's what I get for buying "used".
      But when I pay full RRP and still get a dodgy product, that's when I get the feeling that something is not right.

  • +6

    this is what you get when you have a free relaxed return policy.

  • +8

    I used to work for a large retail store in their home entertainment section.

    In terms of Nintendo games, around the WiiU era we began seeing most first party games not sealed on arrival, I believe it was around the same time that we were seeing the eco-cases with less plastic, same with 3DS and eventually Switch. However, there was the odd release that would still be in plastic for whatever reason. Third party games were more likely to still arrive plastic wrapped however.

    At least where I used to work, if you wanted to guarantee that you were getting a "fresh" game, you would have to buy on release in the morning, place a call on release morning and put it on hold, or pre-order. Otherwise they would be opened and placed in disk sleeves, or in the case of cartridges, loosely placed in one copy's box. Not ideal for people who prefer their games not being handled. The best chance for you OP would be through pre-ordering as the worker wouldn't have to gut the game if it has already been sold.

    We used to put stickers on that would void change of mind refunds if returned (however some people could just be really careful with removing the sticker), so these returns would be mixed back in with the stock.

    • +1

      I never preorder so it's not an option for me, and I think retailers are just shooting themselves in the foot by opening the cases - this just allows the consumer to return the "brand new" product as completely unused, because you already sold the product as an open case! Wasn't me who opened it!

      Just leave cardboard boxes with game pictures on them, bring it to the cashier and they will give you a wrapped brand new copy - easy as!

      Also, seems really ironic as they claim they really care about our "safety" during these "troubling" COVID-19 times but they gladly sell you a game with a case that has been touched by god knows how many people…

      • Fair enough, for us it came down to storage (pretty much no locked space to store all of the games), shelf space, and contractural obligations (company reps would come and check that shelves are set up accordingly).

        But yeah, I agree your way would be much easier and you don't have to take up heaps of worker time gutting the boxes.

      • +1

        Most of the games don't come wrapped from the factory, they can't give you what they don't have.

    • +3

      Yep, OP seems to think all games come shrink-wrapped from the factory. Nope.

      Selling actual display/used games as new, is really only an EB Games thing, I think.

  • +3

    I find Switch games rarely wrapped. Not sure if they're only sometimes wrapped or stores commonly break the seal and separate the case, manual and cartridge.

  • +6

    Most new switch games do not come sealed anyway

      • +6

        It’s just semantics. I understand what you are saying especially in the case of Eb games and games that have been out for a while. But when you get a new game on release day it is obviously brand new even if unsealed.

  • checkout amazon, ive bought two switch games from them and both came in plastic, haven't even opened them yet haha, but a bunch of ones i ordered from bigw came only with a bigw sticker seal, no plastic.

    • That has not been my experience with Amazon, especially with Nintendo Switch games. It does seem kind of random whether games arrive sealed or not.

  • +1

    Most first party AAA games do not come sealed from the supplier. Im a storeman. Dont shoot the messenger.

    • Last I checked new xbox games are always wrapped.

      • Sorry, meant nintendo.

  • +2

    Also, games are gutted and showcased on shelves. This is regarded as paid advertisement with vendor. It may not look new.

  • Switch games are sold at a lot of major retailers with the empty cases on the shelf .
    I know its rocket science for OP but its to stop shoplifting .

  • +9

    TL;DR OP is a serial game returner, yet is unhappy with buying games that MAY have been returned or not.

    • I returned that 1 game in the last… 6, 7 years or so? No need to accuse me, all my games besides the Switch ones are time tested digital PC titles which don't even have a chance of being asked for a refund.

    • -3

      OP is entitled to what he paid for. If he asks for and pays for a brand new game, he deserves a brand new game. The fact that he returns games doesn't void what he is legally and ethically entitled to receive.

      What relevance does your post have besides trolling or fishing for upvotes?

      • OP is entitled to what he paid for. If he asks for and pays for a brand new game, he deserves a brand new game

        But yet, here you clearly say something totally different that getting a returned game is AOK.

        https://www.ozbargain.com.au/node/620952#comment-10420043

        • -1

          Where exactly in that post did I condone the practice of selling a used game as brand new?

          That literally never happened.

          • @SlavOz:

            Where exactly in that post did I condone the practice of selling a used game as brand new?

            Umm here

            OP is entitled to what he paid for. If he asks for and pays for a brand new game, he deserves a brand new game. The fact that he returns games doesn't void what he is legally and ethically entitled to receive.

            So somehow the OP is allowed to return games, but is also allowed to DEMAND their 'new' game is new, but then in the next post you say this

            Because most stores unpack the games on arrival and use the term "brand-new" to describe the condition/age of the game rather than the actual ownership history.

            As long as a game is less than a year old, they'll call it brand new even if the particular copy has been returned multiple times.

            So its ok for stores to sell returns as 'new', but somehow not ok for the OP who is a serial game returner to accept a returned game as brand new.

            Hmmm ok.

            • -1

              @JimmyF:

              So somehow the OP is allowed to return games, but is also allowed to DEMAND their 'new' game is new

              Yes, just like if you decide to return a car within the warranty period, you're still entitled to buy a new car. Returning something doesn't mean you don't have a legal or ethical right to own something new ever again. This is silly reasoning.

              So its ok for stores to sell returns as 'new'

              Where did I say it was OK to sell used games as new? I simply stated that this is what stores do, I never said it was excusable or justified.

  • +1

    so I thought it is one of the virtue signal moments

    eyeroll

    • -2

      Ever looked into how iPhones are made in China?

  • +2

    I hate that games don't always come sealed nowadays too but unfortunately for whatever reason Nintendo just doesn't send some games sealed. Sucks for a collector and someone who wants to keep value.

    Here is my rundown of why some games aren't new

    EB - These guys are the worst for it, you will basically never get a sealed game, they open the games and use the boxes for shelf spaces, they also sell returned games as new because their policy allows a 7 day change of mind which people exploit. If you buy from EB then you unfortunately have to deal with this. They also sticker the boxes on the shelf which is frustrating.

    JB - Generally will get the game brand new, if its sealed you will get it sealed and if it doesn't come sealed you will likely get it from their storage brand new, the exception with JB is they will open 1 maybe 2 copies of a game and put it on the shelf and if you purchase the last copy you will get that one off the shelf so have shelf wear on your copy.

    Amazon - Generally will get a new copy of the game however you may get a return of the game which is unfortunate, if the game comes sealed then you will get it sealed but if Nintendo doesn't send it sealed just like the other stores you won't get a sealed copy. I'm about 30/70 on sealed switch games versus non-sealed games, all of mine came new as in they were minty fresh.

    Those are the main 3 for new games in Australia so I'm assuming those are the stores you were referring to mostly.

    • -1

      Your rundown very closely matches my experiences, and like you said:

      Sucks for a collector and someone who wants to keep value.

      I just think they should have a separate category for actually sealed games, I would gladly pay an extra $10-$20 and I am sure there are plenty of other people who would like to.
      It's just scummy to resell and second-hand game as brand new… just say it is "refurbished" or something.
      NOBODY would accept a "brand new" iPhone which packing case is already open and you see fingerprints all over the screen.

    • -1

      I hate that games don't always come sealed nowadays too but unfortunately for whatever reason Nintendo just doesn't send some games sealed.

      Correct. Most non-bundled Nintendo first party games are localised in Australia and NOT given the classic Y-Fold seal with Nintendo logo tear-strip.

      Sucks for a collector and someone who wants to keep value.

      Modern games are a commodity. For most first-party Nintendo Switch titles there are literally tens of million copies produced. It's a fools' game to treat them as part of an investment strategy.

      As for sealed vs opened, I'm a Switch collector and I would NEVER buy a sealed title from a private seller. Collectors know the scams (resealed cases with game card removed; card label swaps; 100% fake covers and cards etc). If you buy sealed games from some random on eBay, Gumtree, Facebook etc it's a matter of time before you get scammed.

      EB - These guys are the worst for it, you will basically never get a sealed game,

      They shuck as many titles as they need to fill the shelves but you can generally get a sealed copy (excl Nintendo first party titles) by going to a store with multiple new copies and asking.

      JB - Generally will get the game brand new

      Agreed. Much lower chance of shucking of JB.

      • Agree with most of your points but the sealed one I disagree with, just look at the prices of Pokemon games, Pokemon Gen 6 games on the 3DS are skyrocketing sealed and were only released less than 10 years ago. You can also sell a game as new in 10 years time when it is sealed but good luck selling something that is opened as new in 10 years time, even if you didn't play it.

        The EB point, I have picked up Pokemon Snap and Mario 3d world as preorders through their trade in deals and weren't sealed at launch but they may have just been Nintendo ones that weren't shipped sealed. I struggle to find Nintendo games sealed at EB, last sealed one I got there was Yooka-Laylee which is a 3rd party title so YMMV

        • -1

          but the sealed one I disagree with

          There will always be exceptions to the rule mate. I have a few (third party) unsealed Switch games which are - on paper - valued at many times more than what I paid for them in the last few years.

          Good luck to anyone treating modern video games as an investment strategy.

          You can also sell a game as new in 10 years time when it is sealed

          Of course. It's the Schrodinger's Cat of game collecting - the "sealed* game that's worth a lot because it's seemingly sealed but is also worth nothing because, inside, there's fake/repro media. Or, in the case of WATA/VGA "graded and sealed" games, there mightn't be a game inside at all. There would be hundreds of thousands (if not millions) of dollars worth of fraud wrapped up as sealed video games.

          Buyer beware.

          • @[Deactivated]: Yeah but the exceptions are obviously the ones I would go for, for example Pokemon games.

            You just have to be smart about buying sealed games, inspect them beforehand, just like buying Pokemon GBA and DS games nowadays, some of the fakes are pretty darn good but if you know what to look for you can spot them.

      • Modern games are a commodity. For most first-party Nintendo Switch titles there are literally tens of million copies produced. It's a fools' game to treat them as part of an investment strategy.

        Nobody is treating them as an investment. It's about owning a piece of video game history. The Switch will die out one day eventually, and since most people play their games digitally, it's only a matter of time until physical copies of BotW or Mario Oddysey become harder to find. I "collect" Switch games just to be sure that I'll be able to play my favourite titles again in 20-30 years time without having to beg Nintendo for a legal port, or pay some ridiculous price like Flinstones Dinasour Peak or Stadoum Events.

        • Nobody is treating them as an investment.

          I'm a member of a number of Switch collecting circles (including Discord, Reddit and private forums). There are PLENTY of people treating software acquisition as an investment.

          I'm not one of those people. But they ARE out there.

          The Flintstones: The Surprise at Dinosaur Peak
          Stadium Events

          TF:TSaDP had 50,000 copies produced (number sold unknown)
          Stadium Events had 20,000 copies produced with <200 units believed to have been sold.

          BoTW: Unknown number produced but ~23 million units sold
          SMO: Unknown number produced but ~21 million units sold

          Again, I make the point about current gen (mass-market, region-free) titles being very different in terms of long-term availability and value than games from the 80s and early 90s.

  • +1

    haha op.

    iv had the opposite issue since i generally buy older games, i buy the 2nd hand ones and most cases the game was brand new and sealed.

    iv also had them give me a brand new game into a worn as hell case, they kept the game behind the counter probably to prevent theft.

    and you acknowledge they accept returns , do you think they toss these games or sell them as 2nd hand for a loss , no they get repackaged and resold as new unless damaged.

    • I can relate as some cases of second-hand games I bought are in better condition than the "brand new" ones I got. I just think it's funny…

      do you think they toss these games or sell them as 2nd hand for a loss , no they get repackaged and resold as new unless damaged.

      Not my fault they have a very lax return policy, but if they only have already opened cases than the return policy just works in the favor of the consumer.

  • Can someone explain to me whether this is normal for "brand new" games in Australia or not?

    I'm not entirely sure which part of "this" you're referring to, but I can confirm:

    • Some brand new first party AU/NZ Switch games arrive at the retailer with Y-Fold seals with the Nintendo-branded tear-strip (rare)
    • Most brand new first party AU/NZ Switch games arrive at the retailer completely unsealed.
    • Some third party Switch games arrive at the retailer with heat seals.
    • Some third party Switch games arrive at the retailer completely unsealed.
    • Most third party Switch games arrive at the retailer with a generic Y-fold seals

    Why are they allowed to get away with it?

    1. Joe Average doesn't care. Seriously.

    2. Shucking games isn't against any law.

    3. Selling a product as "new" is measured against the product standard for "new" at that retailer eg some premium fashion brands will NOT even sell shoes used for try-ons as "new" let alone sell customer returns….but a pair of kicks from Footlocker, Mathers, Myer or wherever may have had dozens or hundreds of feet inside them before you buy them as "new".

    • For the avoidance of all doubt on point three, I am referring to the state of products that have NEVER had ownership transfer from the retailer or consignor to the end user. Attempting to pass off secondhand goods as new is wrong ethically and legally.

  • Nintendo Australia used to have a document on their website about being committed to reducing packaging, not sealing a lot of their games is probably part of that.

  • -3

    Because most stores unpack the games on arrival and use the term "brand-new" to describe the condition/age of the game rather than the actual ownership history.

    As long as a game is less than a year old, they'll call it brand new even if the particular copy has been returned multiple times.

    That's what happens when the government over-focuses on consumer protection in areas like insurance or health, yet doesn't give a single (profanity) about other industries where buyers are being rotted.

    • -3

      there's no over protection of anything in australia… and that includes australians.

      • +3

        I disagree. This sounds more like a progressive anti-Australian ranting point rather than a sensible observation.

        Australia is notoriously known as a nanny-state for a valid reason - we are perhaps the most regulated country in the world. In fact we are so regulated that the regulations actually make things worse for consumers, but that's besides the point.

        Look at the medical industry as a good example. There are so many regulations that protect patients from being manipulated, deceived, or negligently treated by doctors. Unfortunately, this over-protection of patients means that doctors are too afraid to actually do anything, so they prefer to push papers rather than treat people. Still, one can't argue that the core purpose is being met - the regulations are supposed to protect people and they are doing just that.

        Don't pay attention to the partisan cheelreading that says Australia doesn't care about its citizens because food and houses cost money or we use too much coal. Our government has a lot of problems but those aren't part of it .

        • -1

          bearing in mind the robodebt settlement excludes any payments for pain and distress to the families of those that killed themselves in despair over illegal debt raising, and illegal debt collection it would appear you are very uninformed .

          maybe when you've been here longer you'll grasp how little the current government cares about australian lives.

          Its all god's will you know, or at least scomo's version of god, which sadly is devoid of love and caring.
          He even needs professional help to grasp the idea of empathy, funded of course by illegal robodebt collections.

          • -1

            @petry:

            bearing in mind the robodebt settlement excludes any payments for pain and distress to the families of those that killed themselves in despair over illegal debt raising

            How many people killed themselves over their robodebt? I haven't heard much about it. People kill themselves every day for all sorts of reasons, and the main cause is usually chronic mental health issues. Very few healthy people are going to kill themselves over an error in government data - the government makes these mistakes every day. I've paid thousands of dollars in incorrect fines and taxes over the years too. Some I've managed to get back, others are still pending. I expect the government to do a recount and make sure I only pay what I owe - expecting them to pay me for my own insecurity and distress is just childish.

            maybe when you've been here longer you'll grasp how little the current government cares about australian lives.

            Again, I challenge this. The problem is that the government cares too much and is getting in the way. More government action (such as your proposed compensation payments) is not the answer. The solution is LESS government action. Get the government out of every tiny part of our lives so we can do things ourself.

            • -2

              @SlavOz: ok your idiom changes , your use of lanquage changes so either more than 1 person is using your account or something is going on.

              you are of the firm belief that a government after deciding to act illegally in creating debts for those on the lowest incomes, the sick, the elderly and the disabled is being entirely reasonable.

              you also believe that sending debt collectors after those on the lowest incomes, the sick, the elderly and the disabled to recover non- existent debts is entirely reasonable and fair.

              and you also believe that driving those on the lowest incomes, the sick, the elderly and the disabled to despair and suicidal ideation is also fair and reasonable.

              thats while the same government do bugger all to prosecute tax evasion and to recover monies owed from the richest people.

              you don't want a society mate, you want an autocracy with slaves.

              • @petry: I never said it was reasonable or justified, I simply pointed out that it was an error. Governments make errors all the time and they have since been corrected as the illegal/invalid debts are now being rectified.

                It wasn't an intentional effort by the government to screw people over. If it was, they wouldn't have admitted to screwing up. They screwed up and the system they relied on made errors. It happens.

                Your notion that the government doesn't care about us is somewhat correct, but sadly you're too blinded by the culture war to see the real issue. The problem with Australia is not that we don't have the super woke Labor and Greens in charge - it's that we have a culture of governments and parties that love to overstep their boundaries.

                • -2

                  @SlavOz: the errors have not ALL been rectified and justice has not been done because all those government ministers and above involved knew the policy was illegal before it was ever implemented.

                  you - and whoever you are working for - are well aware of this fact.

                  trying to deflect with fox artificial crap doesn't mean jack, and you are clearly an individual lacking in respect of the law, humanity, and what it means to be an australian.

                  australian society is built on being inclusive and fair - not a caste system, not the almighty dollar, and not treating those doing it tough like shit.

                  instead of promoting nonsense maybe you should read the published facts and transcripts - but they get in the way of your fictions.

                  stick to fox

                  • @petry:

                    those government ministers and above involved knew the policy was illegal before it was ever implemented.

                    The robodebts were only deemed illegal after they were implemented and investigated. How could someone have known they were illegal before they were officially declared as such by the experts?

                    you - and whoever you are working for - are well aware of this fact.

                    Conspiracy theories won't help your case.

                    individual lacking in respect of the law, humanity, and what it means to be an australian.

                    Ah yes, the old "why can't you just be as sympathetic and compassionate as I am" angle.

                    History is full of people who declared themselves morally superior in order to convince people to follow their rules. Thanks for paying tribute.

                    australian society is built on being inclusive and fair

                    Which the robodebt response has mostly been.

                    Australian society was also built on working hard and understanding that you don't have a right to other people's money or assistance just for existing.

                    stick to fox

                    Ditto for you to the Guardian, ABC, Crikey, and the multitude of other glorified novels masquerading as "news".

                    • -2

                      @SlavOz: the reason why the government conceded the case before proceedings began was because they did not want to disclose the legal advice they had ignored.

                      if they did heads would have had to roll, so your entire rejoinder is based on misleading ideas.

                      suck up fox and stay away form every online community because you don't believe in australian ideals only division and hate

                      • +2

                        @petry:

                        you don't believe in australian ideals only division and hate

                        Mate the only person who has spewed hateful views in this thread is you. You're the one who came here shitting on Scomo for his religious beliefs and proceeding to criticise anyone who disagrees with you.

                        It's OK to have an opinion but assuming that anyone who disagree with you is morally inferior is just a close-minded childish attitude.

                        • -1

                          @SlavOz: so where did i say that exactly?

                          if i wanna listen to garbage i'll watch fox, and you repeating it is shows how much you hate australia.

                          scomo and his cult are also waging on a war on charities - since when does a true christian wage war on charity's and seek to control everything they do, and believe in?

                          no australian values on display there mate, and you already have espoused dislike for the sick poor disabled and elderly australians.

                          apparently caring about the less fortunate and those doing it tough is childish in your eyes, well i never want to be an uncaring greedy grasping adult then.

                          • +1

                            @petry:

                            so where did i say that exactly?

                            Twice now you've mocked our elected PM for his religious views, and you have the gall to call others unfit for Australian values. You're just trolling at this point.

                            scomo and his cult are also waging on a war on charities

                            The same scomo who doubled welfare payments during the pandemic while simultaneously lowering taxes for the working class? Sheesh, what kind of garbage are they spewing at ABC these days? Get off it mate.

                            • -3

                              @SlavOz: trotting out the press statements heh

                              'A plan by the Morrison government that could see organisations stripped of their charity status because they might commit a crime will have a “chilling effect” on Australian democracy, the sector says.

                              Under the proposal, the Australian Charities and Not-for-profits Commission (ACNC) would be able to deregister an organisation if it “reasonably believes” its members are likely to commit a summary offence.

                              The government’s explanatory materials on the changes say they would lower the standard of proof so that “it is not necessary for a registered entity to be charged or found guilty of a relevant summary offence for the ACNC Commissioner to take
                              enforcement action”.

                              Nearly two years after the report from the mandated five-year review of the Australian Charities and Not-for-profits Commission’s legislation was given to the Government – in May 2018 – the Morrison Government has finally responded.

                              Of the 30 recommendations, 11 have been rejected. This includes the sector’s top ask: for Commonwealth leadership to deliver a harmonised fundraising system.

                              Australia’s fundraising laws predate mobile phones and the internet. They require charities who raise money online to register in multiple states across Australia.

                              With charities all around the country pooling support from Australians across the nation, outdated fundraising laws are limiting the impact charities can have. They are making it harder for charities to do the job Australians want them to do.

                              In February 2019, Catryna Bilyk’s Senate Select Committee on Charity Fundraising in the 21st Century tabled its bipartisan report into fixing fundraising, giving the Government a two-year deadline to fix the problem. That committee estimated that outdated fundraising laws cost charities $15 million annually, or more than a million dollars a month.

                              This is not just a number on a page - it means real people are getting less help. Right now, there are charities supporting communities devastated by bushfires. If they Morrison Government had already acted on the sector’s concerns, they would have more money to spend on the victims who need it.'

                              Hitler was religious , so was Pinochet , plenty of religious authoritarians littering history. Good to know you support genocide and torture if it was ordained by God!

                              what sort of person trots out support for genocide and torture because its religious?

                              • +1

                                @petry: Dude wtf, when did I mention anything about genocide or torture? Your NPC programming must be glitched because you're just throwing out random insults completely out of context.

                                I will repeat - people are not racist, bigots, meanies, or any other insult you come up with just because they don't align politically with you. This is a toxic, hateful mindset to infect yourself with.

                                Also, in regards to the charity laws, are these the ones you're referring to:

                                https://probonoaustralia.com.au/news/2020/12/morrison-govern…

                                the Morrison government announcing a deal has been signed to harmonise charitable fundraising laws across Australia.

                                This announcement represents a major victory for the charity sector

                                By cutting unnecessary red tape and reducing the administrative burden, our charities are able to get on with the job of supporting vulnerable Australians

                                LOL, please Greenie lefties save us from the evil clutches of Scomo!

                                • -3

                                  @SlavOz: again with the government press statements - you're obviously a full time paid lackey.

                                  so you don't like the sick, elderly disabled and poor and you reckon charities should be shut down because they say something a clearly authoritarian government doesn't like….like robodebt is illegal.

                                  since you love fascist government so much reckon you must be one.

                                  regurgitating fox is so un-australian these days

                                • +2

                                  @SlavOz: Never thought I'd see the day, SlavOZ vs Perry. Two of ozbargains most infamous battle it out.

                                  • -4

                                    @[Deactivated]: no battle - you're a stalker and slav prefers fiction, like a lot of others round here,

                                    when even charity's have there right to free speech removed things are bad… so feel good that you played your part in making Australia a sick country.

                                    • @petry: You're right, it definitely wasn't a battle for Slav. You just spewed incoherent crap.

  • +1

    Well it is not allowed…. if pre owned, refurbished, then they are not new, and should not be sold as new

    • Exactly my point!

      You wouldn't accept and open-box iPhone as "brand new" from the Apple Shop,
      you wouldn't accept an open-box condom pack as "brand new" from Woolies,
      you wouldn't accept a car from dealership that was used for demo purposes as "brand new",
      but
      a video game with a banged up case and a used up cartridge/disc?

      BRAND NEW MATE CHARGE 'EM FULL PRICE IDGAF

  • Remember Amazon is a marketplace, kinda like eBay. While Amazon themselves do sell alot of items, always check who the actual seller is before buying. Even though you're buying on the Amazon website, the item could be being sold by any number of 3rd party sellers with varying standards.

  • You can't get brand new from any seller. Everything has been used some time or another because there's no such thing as virgin energy.

    I'll let you guys ponder that great philosophical understanding for awhile whilst I head off to Centrelink and see why the heck my dole cheque didn't go in this week.

    • I know that it can’t be brand new, even the game that I bought completely wrapped had the cartridge’s metal contacts scratched but that is OK because Nintendo tests their cartridges before shipping.

      What I don’t like however is that is clear that a regular person has already used it and now the retailer is claiming it is brand new and charging a full RRP price.

      You wouldn’t accept a “brand new” $2000 iPhone which box has the plastic wrap removed and there are clear scratches on the box and the screen now would you?

  • I think there will come a day when all retailers must market their products as recycled 'used' instead of brand new. Then it's just a matter of them listing the condtion it is in. Whether there's just cosmetic scratches or whether it has reduced functionality that sort of thing.

    Sellers marketing their products as perfect brand new will always cause angst amongst their buyers as the buyers know very well that perfect, brand new is the domain of the Perfect Creator not mortal man.

  • +1

    I recently bought a switch as well, just before the current VIC lockdown I went to 2 JB stores to buy 3 games, of the 3:

    • 1 had the cartridge and little info sheet about the publisher/game in a plastic bag behind the counter. The info sheet was damaged by the cartridge and the way the staff handled it but I didn't care because I didn't plan on keeping that game for long
    • 1 was sealed, however the state of one of the edges had me wondering if it was resealed (that and the cover was lower than the plastic layer that covers it). I opened it and it seems like it was just a manufacturer issue
    • 1 was unsealed, the cartridge is scratched so clearly used. There is an expansion pack included as a code which I do not know if it is used or not now, and the included art book has a damaged corner (possibly manufacturer, possibly caused by being mishandled)

    I don't think I've ever returned a game, I even kept Little Dragons Cafe even though the game is buggy and gives me headaches. I've recently opened up to the idea of buying preowned (the switch is the first console I've bought preowned for) but when I buy something that doesn't say preowned on it, I expect it to be new. Yes the cartridges will likely get scratched when I play them so it's not that big a difference but when I pay for new I expect it to be new.

    I did read a few posts from people asking if game cartridges can be scratched but new and people claim they can be due to being tested by the manufacturer but even that makes no sense because surely they would be tested like how PCB's are tested with spring loaded contacts which wouldn't leave long scratches like inserting/removing the game does.

    • +1

      Our experiences are similar, so honestly, I think there is no point to buy "brand new" unless there are guarantees they will be actually sealed. It is truly a shit experience to buy "brand new" games in Australia. If gossip is correct, buy from Japan if you want 100% sealed brand new games.

      Also, in regards to scratched contacts, my GAME5 was perfectly sealed, even had that "brand new" plastic smell and not a single scratch anywhere, except… the contacts? It had perfectly straight scratches on them. So, in this case, I think it is actually the manufacturer testing it like that. Honestly, I don't care about it too much, I only care if an actual consumer has already bought the "brand new" game before and I am being a sucker for thinking I am buying a "brand new" game.

      • Thanks for the information. I tried to look it up online but it seemed like every time someone asked all the responses were either things like "all my cartridges are like that" (because they were already used duh), or "The scratches happen when you put it in or take it out of the switch, they are normal and don't affect anything anyway" which I get but it still doesn't tell me if it's used or not.

        Frankly it sounds absurd to me that they get scratched like that by the manufacturer testing them but without knowing for sure I guess I'll never be able to confirm if a game is "new" or not unless it's sealed (and even then I don't know if I can trust it).

        I actually wrote to JB HiFi with the information above (and more) along with photos of the cartridge and the damaged art book but I just got a response today saying because I bought it in store they can't help me and I need to contact the store I bought it from but if it's just like that from the manufacturer then no point contacting them.

        • I bought some games from JB Hi-Fi too, and once complained that this game case is completely beat up, how can you say it is "brand new"?
          They said, if I am not happy, they can give me a refund on the spot. I think picky customers are a small minority and they don't want to deal with this crap so they just offer a refund and DGAF.

          Also, I am 100% sure that actually sealed brand new game I bought was 100% brand new, I had no suspicions at all. Those perfectly straight, single scratches have to be from testing and single insertion… they gotta be!

          • +1

            @Blue Cat: The plot thickens, My friend bought the same game from JB HiFi and his was NOT scratched.

            • +1

              @Hintswen: OK… I give up… I don't even know how to rationalize this… Nintendo wants us to buy cheap preowned games instead of supporting the devs I guess!

      • the contacts? It had perfectly straight scratches on them.

        Every sealed game I bought I check the contacts are like that, maybe refurbished?

        • They can’t be all refurbished, it’s gotta be some simple testing on every cartridge before they ship it out.

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