Return of computer game.

Wal-Mart is now in the law-enforcement business? If you are a pirate,
which this guy may or may not be, Wal-Mart should only be obligated to
CALL THE POLICE not attempt law enforcement themselves! Additionally,
the FTC Symposium 27 Oct 2000 page 308 lines 4-8 state that the right
to refund is the existance of UCITA itself, creating an automatic
right to a refund under mass market licensing. Furthermore, same
ruling, page 315 lines 11-16 state that if you bought a software or
electronic media and it does not work, you can go back to the retailer
and demand a refund, just as you can get a refund for a tangible good
that does not work. When a Wal-Mart clown claims they are following a
federal law, ask them what FTC Symposium covers electronic media. Ask
them the statue number. They have no idea because there IS no such
law. In fact, the ONLY provable federal crime that occurs in that
situation is LYING to consumers that such a law exists. You can call
1-877-FTC-HELP if you still doubt this. You may also submit claims on
the FTC website. If it is illegal to demand a refund for
opened/downloaded software then somebody quick, report these companies
to the DVD Federales: Adobe, who offers a FULL REFUND for software
purchased through their website within 90 days, according to the
naysayers, that is a federal crime; Computer Discount Warehouse, these
guys must be hard core criminals, because they offer complete refunds
on complete items; McAfee flat out promises that its subscriptions
will make your computer more secure or your money back. If for any
reason you are not satisfied within 30 days just let them know and get
a full refund, just by sending an email. Apparently McAfee better
step up their security against the FTC, because they are breaking
federal law according to Wal-Mart and Best Buy. Trust me, I am all
for stopping piracy, but when you buy a Blu-Ray and it does not play
in your machine, you have no other grounds, you cannot take the same
item because it does not work in your machine and you never watched
the movie so you are still entitled to a refund. Heck, last time some
clown attempted this on me, I didn't even want a refund, just store
credit towards a new Blu Ray player that WOULD play the Blu Ray and I
got the run around. In the end since I purchased my Blu Ray player
from the same store, I told them I was not a Blu Ray tech and since I
purchased a Blu-Ray Player with the consumer assumption it WOULD PLAY
BLU RAYS, ALL OF THEM, and only three months later it wasn't due to
manufacturer defect, I either wanted to exchange the Blu Ray for store
credit towards a DVD that would work in my DVD player, or return the
Blu Ray player that I purchased a one year protection plan on for
CREDIT TOWARDS a Blu Ray player that WORKED to PLAY BLU RAYS. They
consented after me quoting the REAL laws to allowing a return of the
opened Blu Ray I could not view, AND allowing a return with receipt of
the Blu Ray player as a credit towards the purchase of a better model.
Spread the truth, brothers. Do not let them rule you.

There actually is a law regarding opened software. It's called
copywright law. If stores did return them, you could go home, burn it,
and bring it back and then use the merchandise without paying
royalties. That's illegal. It's called pirating. Regardless of that
nearly every store in the nation has a policy of not returning opened
games, cd's, dvd's, etc. You should read the return policy before you
choose to buy something. And next time, check the label on the game.
It tells you right on it what it's compatible with.

Labels. Instructions. System requirements. They are those words the
makers put on their products in addition to the title and pictures to
allow the consumer to see if the product is usable and what they want
BEFORE they open the package. Had you read the package, you would
have seen what the game needed in order to work, and you would have
been able to see that it was not compatible with your system. Then
you could have returned the unopened item to the store and exchanged
it.

I know. Silly me. That means the consumer would have had to exert
the effort to read what is written. Never going to happen.

Wally World lied to you. There is no law that forbids retailers from
accepting returns on opened video games, DVDs, CDs, etc. None.

It is probably just store policy not to accept such returns, because
of the possibility that the media has been copied and essentially
obtained for free. They should've just told you that.

that you've been able to return opened software and games to other
retailer?

Really? Which ones? This is a long standing rule that media is
non-returnable once it's been opened and that is across ALL stores. I
can't think of one that will let you return an open DVD/CD/Video
game.

Additionally, the specifications and platform for each game are listed
on the back or side of the packaging, sometimes right on the front!
If you failed to check if your particular system would handle the
software before unwrapping it and putting it in your system, that's
not the store's problem to deal with.

Furthermore, no one wants to purchase a game that's been opened. So
if they were to take your game back, it would be at a loss to the
store. I realize that you could not care less about the store's
finances so long as you got your way, but other consumers (like me!)
don't want to get stuck paying higher prices to cover unnecessary
losses like this.

At this point, your options are to take it to a re-sale shop (Buy
Backs, Gamestop, etc.) or as other's suggested, try eBay.

you will probably sell it. i've bought computer games on there for my
children.

stores in general don't accept books as returns either. it's pretty
much a given.

Since it wont work with your system, instead of trying to return it,
see if they will exchange it for something that is compatible with
your system. I would never buy someone a PC game unless I knew
exactly their PC stats. I run Vista and not every thing will work
with it (even thought I have been told that all XP games will - they
lied). I always check the box to make sure that Vista is supported
BEFORE I buy it.

I also think that perhaps before you opened the package you should
have checked to see what the PC requirements were - and if they were
not compatible with your PC then you would have had no problem with a
refund or an exchange.

I bought Windows XP upgrade from OfficeMax a few years ago. Although
it said that it was compatible with my computer, on the box, it still
wouldn't work. I took it back and calmly explained the situation to
the manager, he gave me all my money back (no restocking fee). Did
you look on the box to read the system requirements before opening it?

like others have said i've never heard of any state law

but... most places won't take software back just because it's not
compatible with your OS.

that's pretty much why the software package has a small blurb
detailing both the minimal and optimal requirements are for the
software.

As far as I know, there is no state law regarding the return of opened
software. However, I do not know any store that will give a refund on
opened software, DVDs, CDs, etc. They will only exchange it for the
same title. One of the main reasons for this is piracy. If a store
gave refunds for opened DVDs, CDs, etc, then what is stopping someone
from buying one, copying it, then returning the original? I'm not
implying that you would do that but plenty of other people do.

Why didn't you check the system requirements on the software before
you opened it? They are clearly printed on the package.

Walmart is fond of telling people that the return of software is
against Federal law. This is actually not true, although there is
contributory infringement issue.

As for state law, maybe. Depends on the state, although I've not
heard of state that has this law.

However, your letter points out that software in physical form can be
returned to the store, which leads me to believe that it's not against
state law.

Further, a download from their website would be interstate, unless you
happen to be located in the same state as the servers or the virtual
store's official location. Current law isn't clear on this.

That said, most stores will not accept returns on software as a matter
of policy, once the product has been installed. However, you have the
right to return software (if not to the store, to the software
publisher) if you have not broken the "shrink wrap" and agreement to
the product's terms. The "shrink wrap" need not be physical. In the
case of downloaded software, it can be you clicking on an "I agree"
button on the download website.

These agreements can be difficult to understand and some are very
controversial. Many people have, since they don't bother to read
these "End User License Agreements" (EULA), actually agreed to all
sorts of things. For example, your use of some software says that you
agree that the publisher owns all of your data.

Anyway, sometimes it's impossible to tell if a software product works
on your particular computer until you actually try it. Even if you
meet the specs, it may still not work.

So, I suggest that you contact the software publisher and ask that
they assist. If the product was claimed to work on your computer and
it doesn't, demand (nicely) that they assist you in getting it to work
or to refund your money. They may not budge, but some companies will
actually try to help with patches or upgrades.

If the product was never claimed to work on your computer, and you
clicked on of these "I agree" buttons, you might be out of luck. It's
worth trying the publisher, but be prepared for them to say that they
never claimed it would work and they cannot help.

That is a very common policy.
At most retailers, opened media such as DVDs, CDs, software, etc. are
only exchangeable in the event of defect, with receipt of course.

Hard to believe it's a state law, but I can understand why the store
won't accept software once it's been opened. It would too easy to
someone who wants to cheat the system to load the game on their PC,
then return the software and get their money back, thus getting the
game for free.

Most store I've shopped in will only exchange opened products like
that for the same title, and then only if it's defective for that
reason.

get a full refund? That's awesome. Now I know where to go with all
of the stuff I have copied. The refunds would more than pay for the
trip.

Probably you were misinformed, its probably store policy.



Good Day