Are EB Games allowed to sell a game that is used/second hand or as they call it preowned as new even if it has the original disk and booklet under Australian Consumer Law?
VIC Australian Consumer Law - EB Games Sellling Preowned Games?
- Thread starter Andrew Sloss
- Start date
No. Once the goods are sold the first time they are no longer new, even if they are returned. Selling them as 'new' after that is a breach of the Australian Consumer Law for making false or misleading representations about goods. Simply failing to label them are 'pre-owned' would still be a breach, because it is reasonable for a customer to expect the item is new in the store if it is not labelled otherwise.
Hi Rob, thank you for replying.
I bought the games from the EB games website and they were advertised as being new. So when I received the games, they were preowned games. I emailed a complaint about that and they replied saying that because the games come with the booklet and maps, they consider them to be new and sell them as new.
Unless there's clear indication they're pre-owned (such as a sticker, or they've admitted the fact), it may be hard to prove they're not new. Either way, you can refer the matter to the ACCC to see if they're willing to investigate: Complaints & problems
Under Australian Consumer Law (specifically the Australian Consumer Law, which is Schedule 2 to the Competition and Consumer Act 2010), it is illegal for EB Games, or any retailer, to sell a pre-owned or used game as "new." This would be considered misleading or deceptive conduct, and a product must match its description.
A "new" game should be in its original, sealed packaging, unused, and with all original components. If they are selling a pre-owned disc with a booklet in a generic case, it must be clearly and prominently advertised as "pre-owned," "used," or "second-hand." If you were sold a pre-owned game that was presented as new, you have grounds for a refund or replacement under your consumer guarantee rights.
It's always a good practice to clarify the condition before purchase and keep your receipt. On a different note, while digital card games like Royally Rummy Yono don't have physical condition issues, understanding your rights as a consumer is equally important for all purchases.
A "new" game should be in its original, sealed packaging, unused, and with all original components. If they are selling a pre-owned disc with a booklet in a generic case, it must be clearly and prominently advertised as "pre-owned," "used," or "second-hand." If you were sold a pre-owned game that was presented as new, you have grounds for a refund or replacement under your consumer guarantee rights.
It's always a good practice to clarify the condition before purchase and keep your receipt. On a different note, while digital card games like Royally Rummy Yono don't have physical condition issues, understanding your rights as a consumer is equally important for all purchases.
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