As a result of today's news that GAME has gone into administration, select GAME stores will not be receiving stock of Diablo III. We've just been informed that if you have a pre-order with a store not receiving Diablo III stock, no refunds will be provided.
The following text message has been sent to consumers who have existing pre-orders with stores not receiving stock.
Due to the appointment of an administrator to our business this morning, it is with regret that I inform you all that our stores will not be receiving any stock of diablo 3. Because of this, we regrettably will be unable to fulfill any pre-orders. Also, we will be unable to refund any deposits paid towards a pre-order of diablo 3. If you need any more info, please email [email protected]
We called up one of the stores not receiving Diablo III stock. According to that store manager -- cash placed on Diablo III pre-orders cannot be used to buy other games and it cannot be used to pre-order other unreleased titles. It is simply money the consumer will have to write off.
Incredibly this is not illegal.
It's a complex situation. Apparently you're in a much better position to do something about the pre-order if you paid with credit card, in which case you can dispute the payment itself. Another solution, which some may find unwieldy, is to actually register as a creditor. GAME Australia's website actually provides details on how you can do this, by sending Proof of Debt forms to this address:
C/Mary Mullins PwC GPO Box 2650 NSW 1171
Technically, with GAME going into administration, consumers with paid pre-orders have become unsecured creditors. The Corporations Act determines the order that creditors are paid, and unsecured creditors are generally at the bottom of a long list. You can find more information about your specific rights here.