Some GAME Stores Not Stocking Diablo III, Not Providing Refunds On Pre-Orders

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Some GAME Stores Not Stocking Diablo III, Not Providing Refunds On Pre-Orders


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.

Comments

    • You have to feel sorry for the store level staff. I mean they had no idea this was happening and thus did their best to secure pre-orders for this title and upcoming titles, and now they have to face the angry customers whilst fearing for their jobs.

    • Me too, dude.

      I noticed JB Hifi had some stock up on their online store last Friday, but I passed it up thinking “hey, I’ve had my preorder since Jan!”

      As expected, they’re all out now!

    • I kinda saw this coming, had the collectors on pre-order fo a year or two now at GAME. When the UK went into admin I reduced the deposit on my pre-order to $5 and hunted around for alternatives. I am fortunate in that I am receiving a copy tomorrow from JBHIFI online. I am glad that I hedged my bets.

  • So we can all now agree Plunkett nailed it on Saturday right? Umph to all those a**-hats that said the “retailers need it”.

    Umph I say!

    • This was done on purpose. They chose today so they could keep all the preorder money. It’s happened in the business world before, albeit not with Diablo 3.

        • If it was announced next week, or even tomorrow, the result would have been completely different. They got the most money this way.

          • They are NOT getting shipments for games. They cant afford it due to the debt. Yes it sucks that many many people are losing money but it wasnt their choice. In a previous article, it was mentioned that supplies have been dwindling. Kotaku was informed that no copy’s of d3 would arrive due to payment issues.

            Even if it was announced a week from now, it still wouldnt change the fact that they are unable to for fill pre orders. Its not like they are sitting on piles of money and refusing to pay.

          • Obviously game would have to be aware of the fact they couldn’t afford copies, so why wait till now to tell every one? Lachlan is right, it was all about being able to keep the money, thanks to going into administration they have no legal obligations to people who pre ordered.

            -GET OUT OF JAIL FREE-

          • all it would be is that d3 was shipped to stores over 3 different delivery scheduals despite a embaro date, some stores depending on locations would of received stock prior to the announcement. after the announcement all other delivieries not delivered, would of been cancelled prior to delivery to the store by the distibuter of the game, because once it was deliveired they would become a creditor waiting in hope to recieve their money. the supplier would recall it from getting delivered and redistribute it to other companies who would actually pay them for extra orders.

    • absolutely. i havent preordered a game for years.
      i’m sure a lot of peoples morals will disagree with me, but if i had money invested in a preorder/gift card etc. that wasnt going to be fulfilled, i would happily walk in and take stock to that amount. wouldn’t even bat an eyelid.
      i really feel for the staff that are going to have people like me coming in.

    • $10, got my preorder in the mail today. I’m one of the lucky ones. So sorry for people that missed out and the employees of GAME. It’s a horrible story and may mean I might eventually have to purchase something from EB which I have refused to do in a long time. I despise EB more than any other company in Australia. On another note competition in Australia was insignificant. I’m sure we can kiss cheap new releases goodbye.

  • How on earth is that not illegal? I’m sure it’s something to do with them going into administration, similar to Angus & Robertson not honouring gift cards when they went; all their money is technically not theirs any more so they can’t offer a refund, and it’s not like they’re worried about the bad press. Still, that’s an incredibly ridiculous situation.

    • Another thought: If EB are thinking properly, tomorrow morning they’ll announce that they’ll honour GAME’s Diablo 3 pre-orders for like half their value or something. It’d earn them a massive amount of good will, and it surely couldn’t cost them that much.

      • lol EB would never do that. No just because EB but because it would put them at a loss. They would lose a lot of money from doing so

      • Which would be pissing all over their own customers who have paid full price. They wouldn’t have the capacity to supply all the collector editions either very likely.

    • It’s not illegal basically because (from my understanding) a company entering administration is selling all it’s assets to cover it’s debts which means they owe more money than they possess in total value. Since someone *has* to lose out in this equation it pretty much ends up being the customers with banks and other corporations getting their debts paid out first.

      I had a computer company go into administration on me several years back after ordering a $200 sound card, got listed as a creditor (along with a few thousand other customers) and never saw a cent (although I got *tons* of legal documentation mailed to me :P)

      It sucks horribly but well when there’s not enough money to go around there’s not enough money to go around, I guess if you feel screwed and that they’re getting away with your cash remember a lot of the higher up management basically just had their careers/lives go down the drain (good luck getting another decent corporate position if you were in charge of a multinational that went bankrupt) so they may not have criminal charges but they are certainly paying….well some are πŸ˜›

      • Effectively, people who preordered are now part of the group of the people who are owed money by a company without any.

  • From what I hear, preorders were being pushed on the weekend. Whilst this isn’t illegal in and of itself, it may make a case for accruing debts when insolvent.

    • Keep in mind the staff may have just been pushing pre-orders on the weekend because they had nothing to tell them otherwise. I was a manager with Angus & Robertson when that all went down & we found out about administration & us not honouring gift cards through the ABC about a day before management told us.

  • Didn’t GAME get bought out recently? Or is this the Aussie chain gone into Admin now?

    Kinda bullshit that this doesn’t count as theft or fraud, can imagine more than a few very angry customers as a result of this.

    • UK branch went into admin, then got bought out. Now it’s Aussie branch going into admin. and yeah, it should be counted as theft.

      • Its just like the people who get taken for a ride with housing developments, think places like dubai where alot of this happened lately. People buy into a company who is going to develop some giant complex and uses the money to organise the end product. The money is badly managed or not enough interest in property purchases is generated. Costs skyrocket and they go into debt. Owe too many people and boom. The consumers are the ones who suffer the losses and paid for a house that they don’t get and its all completely legal for them not to get their money returned..

  • Even if game somehow survives this, methinks they won’t be the most popular retailer going around afterwards…

    • They never seemed to be very popular anyway. Most stores I’ve been into are deserted, and the only thing I ever bought from them was Left 4 Dead 2 for twelve dollars. I’ll be buying my copy of Diablo III from Harvey Norman for $69.

  • I’d imagine you’d be classified as an unsecured creditor, same as what happened to me when nintek went under. An unsecured creditor is the last one in line for money in the event of bankruptcy/administration.

    I wonder what happens to all their Diablo 3 stock though? I’d imagine we’ll see an influx of CEs in other non-Game stores now, n’est pas?

    • I’d say this is the most accurate reponse, if they end up with some money at the end of the saga (after paying secured creditors and staff etc), you might get a portion of your money back, but I wouldnt count on it.

      This is exactly why I don’t preorder games from retail stores anymore – there isnt enough room for them all to survive unfortunately πŸ™
      Digital Distrubution all the way!

    • I believe this is exactly what happens when a company enters administration.

      The administrators either restructure the company or liquidate assets to pay the creditors, of which people with gift cards and pre-orders then become [and right at the bottom of the food chain as you have pointed out]. The same situation occurred with A&R and Borders when they went under.

      It still is an interesting situation though with “pre-orders”. The philosophical argument holds up when you talk about defaulting on gift cards. As when you hand over the cash for a gift card, they are giving you the right to the equivalent value in goods, sort of like their own currency. You are merely purchasing a card, which they themselves deem to have value. If the company goes under, their legal obligation [but not necessarily their moral obligation] ended when they handed you the card.
      With pre-orders however, it is a little less clear. You are handing over money to “reserve” a copy of a game, you haven’t purchased it, and they haven’t given you anything for it. The money is just “there” [and now theirs πŸ˜‰ ].
      But again, you can’t get blood from a stone. It’s all well and good to demand someone give you money for a debt owed, but what can you do if they don’t have any money to give you? Now ask this same question from the perspective of a creditor/distributor who is awaiting payment of millions of dollars of stock……. the little guy with the 10, 20, 50, 100 dollar pre-order pales in comparison. [not saying its not a massive kick in the nuts, but just shows you your place in the scheme of things unfortunately :s ]

    • Ha, I just wrote a reply to someone else saying similar mentioning a ‘computer company’…that would be Nintek πŸ˜› I feel your pain (don’t know what you lost but for me it was a $200 sound card). Did you get flooded with legal documents too? I’m wondering if they do the same for all ‘creditors’ for game that’s a scary amount of paper >_<

      • Mine was a water cooling kit, about $500 from memory. I do remember getting a mass of legal documents but didn’t chase my money at all. I heard that the employees weren’t paid super for 6+ months, so I’d be amazed to discover that customers got anything. From memory, I just wrote it off as a business loss.

  • Some blame must be given to publishers for forcing people to preorder to garuntee items too. Unfortunetely ACCC cant do anything about it.

      • Don’t forget about collectors editions. announced in october last year, that’s when i placed my pre-order at EB, knowing all their stock would be pre-ordered within the month.

    • What a ridiculous comment. It has nothing to do with publishers. They’re not “forcing” anyone to do anything.

      • The publishers have to take a share of the blame here for advertising pre-orders and collector edition bonuses.

          • BS. Preorder bonuses are the incentive for preordering, ergo no one would have lost money if they had encouraged it.

          • Causal responsibility isn’t always the same as moral responsibility. I think Game deserves 99% of the blame here.

        • Are you saying that because video game publishers publish video games that they are partly responsible for game being stupid and poorly run.

          You must work for GAME somewhere very high up

          • No, those promoting pre-order should take responsibility for those who lost out. That is GAME, the Publishers, and yes, even the media. At the very least any time a pre-order bonus is mentioned or the fact something is available for pre-order is advertised, people should be informed of the risks involved with pre-ordering these games.

  • It’s really crap that you can’t use that preorder money on something else they have in stock. I preordered Max Payne on the weekend, and less than 2 days latter I’m told that I can’t get my money back, nor can I use it on any of the other in stock items. I feel for those who perordered, and paid in full, for something like the Diablo 3 CE. Really feels like plain old theft when they do this.

    • Hang in there man. It is theft, but the UK store managed to bounce back and honour gift cards. Hopefully after a huge amount of negative press and I imagine a few fights breaking out in stores, you’ll get your money back.

      • I’m not so worried, as I only put down $10, but I know some other people who had more down, and were basically told that unless the game they preordered (in this case it was ghost recon) turned up, they were out of luck.

  • If you paid by credit card you can receive the money back. Lodge a complaint with the card provider for non receipt of goods/services and the CC will re-credit the funds under the Electronic Transaction Act.

    Alternatively (Mark will get this response from ACCC) contact your Fair Trading Consumer department in each state to understand your rights. Also do NOT throw out any receipts etc, and make like Ford Prefect and “Don’t panic”

  • Just called Game Broadway (Sydmey) they’re still telling us they have their CE allocation ready to put in our hotlittle hands from 10 am tomorrow morning. Was going to go after work but I”ll be going into work a little late to ensure they don’t reneg.

  • Of course it is not illegal. Once a company goes into adminsitration, anyone who is owed money (or goods, or services) becomes a creditor. And gift cards, preorders etc w ill mean you are unsecured. Basically you’ll see cash only if there is enough left after everyone else gets their share.

    • You’re dead right. I don’t know why people are having such a hard time understanding this rather simple concept.

      Personally, I think anyone who had a pre-order standing with Game is an idiot anyway. After seeing what happened to their UK stores, I’d be looking to get my money back from them while I could, it was only a matter of time before the Australian branch was in trouble. Saying that though, I do still have a ‘loyalty’ card sitting here with about $20 credit from when I bought my PS3.

      • This would all be correct apart from te simple fact that a vast majority of people would have preordered before the UK issue went public. How you can call these people ‘idiots’? I personally think you’re an ‘idiot’ for assuming that everyone ordered after the UK branch of GAME went into administration. I apologize for calling you an idiot but considering you called a hell of a lot of people idiots with little to no juatification I assumed you wouldn’t mind if I did the same. Cheers! πŸ™‚

        • Also, forgive my appalling spelling. Standing on a train with an iPhone will do that. This possibly makes me an ‘idiot’,

        • Those in particular are the people I think are idiots, the ones who had pre-ordered before GAME UK went bust. If I saw that and I’d handed money over to GAME Aus for something I had not received yet then I’d be looking to cancel my pre-order with them in case the same thing happened here. Which it did.

          With hindsight being 20/20, if Gamestop and EB games were going out of business overseas would you hand the Australian stores your cash for pre-orders now? I wouldn’t risk it.

          Any maybe idiot is the wrong word. Perhaps ignorant is better.

      • People paid money, they expect to have their needs put above all else. Human Nature 101.

        Less cynically, having been through a couple of involuntary administrations myself I understand how some of this stuff works but it really isn’t a pleasant business, nor one that leaves very many people happy. All I can say is thank goodness for GEERS (or whatever it’s called now). I hope people land on their feet.

      • Get off your high horse “bangers” you don’t happen to be the smartest person here. Considering not every person pays attention to the credibility of a game store, you just come across as a jerk.

    • I get what your saying, but this sort of situation is inherently bullshit. Presales really shouldn’t be counted as an asset. Problem is, their needed to generate investment.

      I don’t know what you can do about it, but it seems to be that preordering and gift cards should be banned after what’s happened here and with Angus and Robertson, where they basically used the money to stay solvent a little longer.

  • So, they took out money knowing they were in trouble, then used it to pay off debts, leaving nothing to fulfil their obligations to customers. Legends.

    • Sadly, this sort of thing often happens with companies in administration.. I worked for a telco once, who went into administration and did very naughty things with credit card direct debits on the way down.. The worst part is that as a consumer you generally don’t have a leg to stand on, and will only get some kind of refund if you’re REALLY lucky. πŸ™‚

    • It was very well documented that they were in trouble for months. It’s bad timing for sure, but it’s not completely out of the blue either.

      • lol, it was known in certain circles in the retail gaming industry that they have been in trouble for years, they were being propped up by Game UK as very few of their stores were actually profitable.

  • Well that’s what you get for buying retail in Australia.
    What did you expect?
    Not to be screwed over?

  • Oh man, I’m glad I don’t work at a GAME store … those poor guys, having to deal with this shitstorm.
    My sympathies.

        • lol if I worked at GAME i’d be calling in sick tomorrow, getting a doctors certificate the next day saying I was suffering from stress (if I was full time), and start job hunting, fuck working when you have no idea if you are going to get paid, let alone whatever leave you have accrued.

  • The bullshit part is that SOME people WILL get their pre-orders, whilst others won’t… this is the part where it becomes completely unfair and IF they could prove that those that did get their order fulfilled were the first customers to pre-order then I wouldn’t mind so much.

    However, I don’t believe they would have gone to the length to make sure they allocated based on pre-order date. So could pose as a possible way of re-couping costs. eg: I preordered 5 months before someone else, why was his order fulfilled and not mine?, etc…

    • I can now confirm, a friend of mine pre-ordered the Diablo 3 Collectors Edition online on May 1st, his order is shipped and mine goes unfulfilled which was preordered many months before

    • Employee benefits are guaranteed firstly as first creditors in line under administration and in the case of not enough funds to cover that by the federal government. I can’t remember the terminology that is used but it’s something like the employee entitlement guarantee It may take a few months for them to receive the money though.

  • I remember something like this happening in NZ when the PSP came out. A major company went under and everybody lost their money. I have never preordered anything since.

    • Even though I had my pre-order with EB, this has kinda shocked me. I don’t think I’ll be pre-ordering anything from anyone after this.

      • heh, pre-ordering is shit (though I pre-order Blizzard games :S), but you really actually don’t need to worry about this with EB, they are a part of a fortune 500 company that hasn’t posted a loss in recent history, or possibly ever…they are also essentially debt free with a good reserve of cash (billions of dollars in the case of GameStop) so they don’t actually have any creditors to answer to.

  • Yay!, now finally customers will stop complaining to me about dicksmith and start complaining to me about GAME going into administration and them losing all their money. Money not spent is still better than money lost, eyyyyy consumers..

  • A friend of mine who used to work for GAME told me he got a call a week or two ago asking him to put money down on his preorders. Staff get/got $0 deposits, and they were looking for deposits: surely that’s accruing debt going into administration?

  • I’m so happy that It looks like my D3 CE has been shipped. I stupidly paid for it in full back in October last year, before even my local GAME store closed down.

  • I don’t pre order anything these days.

    Most of the gear that are in se’s or ce’s don’t really interest me.

    I would be super angry if i had something pre ordered with them though.

    Thank goodness i used all my reward points when i heard the first wind of them being in trouble a couple of months ago *wipes brow*

  • Those who’ve suffered a loss as an unsecured creditor of GAME have now learned a valuable lesson. Where possible, do not pay moneys upfront to any entity in financial trouble. In fact, try not to pay upfront ever, for anything.

    • I’ll still pay upfront to companies I trust. I wouldn’t trust Game though, not with the financial trouble they’ve been in recently.

      • Its bad business practice. One of the first things you learn in business is to delay paying debts as long as possible, because money is worth more now than later.

        • Bingo, which is also why companies LOVE pre-orders…cause they get your money now and $100 a few hundred thousand times over is a nice bit of interest they get (or however else they might choose to invest).

  • I have a $400 credit voucher with Game πŸ™ and i had to pay $139 for D3 CE because online store dosent accept gift cards….

  • I ordered a CE Diablo 3 from Game ages ago, and according to my order status it shipped on friday and there’s a manifest from Aus post saying it’s at their depo ready to be delivered tomorrow. If that’s the case, this article is incorrect, as clearly some stock is still going out (unless they’ve shipped me an empty cardboard box.)

  • Actually their directors may be personally liable for civil action and even criminal charges if it’s found they passed down orders to push for pre-sales even though they knew they were going into administration.

    Becoming insolvent and going into administration isn’t a crime. Trading when you know you are insolvent is.

    • Take this on VERY good authority.
      One of the Regional/Area Managers of the company was informing staff during a visit
      that they were to PUSH as many pre orders as possible, and added the best performers would
      receive an extra incentive………..

      amazing whats transpired in only a week from that conversation…

  • This is completely fucked.

    Apologies for the language, but I work for game, and that is ridiculous. These are not appropriate actions. They made us push for preorders for months for this game, even in the face of everything else that has happened. We all knew things were looking dodgy, but we all thought that those diablo preorders would be guaranteed – it’d be stupid if they weren’t.

    Oh, but turns out it’s a better business plan to steal from our customers. Completely fucking wrong.

    For anybody that is wronged by this, I sincerely apologise. My friends and coworkers are also being screwed by this, and we believe it is wrong. Hopefully we’ll be able to ignore the commands of our head office and refund orders anyway, but with some of our livelihoods on the line here, don’t take that as any kind of promise.

    On behalf of a completely fucking evil company, I apologise sincerely.

      • Glad I got out when I did… And I’m well aware of how hard Diablo III was pushed.. My friends brought that up who work with the company. Surely THAT is illegal. KNOWING that you’re going into admin but still taking pre orders etc? That’s ridiculous!

      • i work at game too, i ordered my copy of diablo 3 over a year ago and upgraded to the collectors edition after i got my job there, we thought our store was being closed because of the little stock we were receiving, its kinda hard to make a profit in a near empty store, i paid in full for my diablo 3 ce but i am going to give it to a customer who wont be receiving his or her pre order, i know i wont be getting a refund but i will do what little i can to help the customers, i am disgusted by the company.

  • 14/05/12 15:54 Article Lodged SEVEN HILLS BC
    14/05/12 09:15 Article ready for despatch SEVEN HILLS BC

    Pre ordered ONLINE from GAME…. CE

    Reckon I’ll get it still ?
    Card has been charged full amount now….

  • why cant they let us use our gift cards and credit notes to buy items in store i would be rather happy with $100 worth of gear than $100 in cash, but they do have $100 worth of gear to compensate. They should of announced a PSA about going into administration last week and everyone could of had a chance now we do not.

    • No your $100 of stuff will be purchased by pimply 1st year university students who will camp outside game during their closing down sales in the vain hope of securing a $40 nintendo ds or a $3 copy of brutal legend.

  • I feel really bad for the people who’ve been screwed over from this. My CE was sent out today (guess i’m a lucky bugger) but having them turn around and tell you “sorry no game for you even though we’ve taken your money and no refunds” is a massive shitter.

    Agreed that if EB were on the ball they would let people use the credit for D3 at their store. Sure it would lose them some money but the good will move would be a huge boost to their, IMO bad image.

    • There wouldn’t be any way for EB to track said credit. Simply having a receipt from Game saying it’s been preordered isn’t enough; what’s to stop someone receiving their copy from one of the lucky Game stores who GET D3 stock and then going over to EB to get a cheaper copy with that ‘credit’?

      On a separate note, I work at EB and the manager of our local Game store was a champ in that he rang us, told us exactly what was happening, and asked what our stock levels for D3 were like, so that he knew how many customers he could send our way. It sucks that people are going to lose money, but if you’re one of those people, please don’t go into Game tomorrow and take your anger (however justified it is) out on the employees of Game, because they’re being stung by this, too.

    • I work at EB and I’m mates with the guys from GAME in my centre. All we can do is put aside copies that GAME didnt receive. So that their customers will get a copy.

  • Id suggest Gametraders, I know my local one is Doing diablo for $79 ($10 off) for anyone with a game receipt, it’s better than nothing.

  • Please, if you’ve been effed over by GAME don’t take it out on the staff – it isn’t their fault, and they’re likely even more effed than you are, as their livelihoods are on the line. I know a super-ace woman who worked at A&R at the end who received death threats as well as completely unsavoury other types of threats that I won’t repeat when they wouldn’t honour gift cards, and it really messed her up. Please, aim your (completely justified) angst where it should be aimed, at the thieving GAME bosses.

  • I was in there on saturday looking for some cheap games and while leaving was asked by a storesperson if I wanted to pre-order D3.

    Seems shoddy if you ask me. I guess there is the argument they didn’t know, but we’ve known on Kotaku that there have been issues, especially considering the UK?

    The best thing to do is if you’ve spent more than $10 on the pre-order (perhaps purchased outright) is to write asking to be a creditor, you never know. Its probably a waste of time for smaller amounts but you could try!

    • How would the staff know that GAME would go into administration today? Odds are it wouldn’t be today. It’s managements fault.

      • I’m guessing that someone somewhere in the company would know they were in dire straits and unable to fulfill pre-orders and that perhaps given even a small possibility of the fact would put some sort of system in place where staff would be advised to stop taking them. As someone said up above, trading while insolvent is illegal, and there is a good chance that when they were trading on saturday they were insolvent.

        • I’ve worked at two businesses that went under. Between the actual floor-staff being the last to hear anything, and clinging to optimism about their livelihoods, it’s a rough call to blame them.

    • +1
      Sucky thing is you could be arrested, or maybe you could say it was bankruptcy that made you do it?
      Pretty much what GAME is doing.

      • It’s no more stupid than having laws that allow business to rip off people and steal thier money like what is being done here. One law for them and another law for us?

        • Yeah, I think the people getting paid should be paid in this order:
          Employees,
          Customers,
          Management,
          Banks,
          Investors,
          Owners.

          • That’s nice Blake. How about we get the Corporations Act changed to reflect that? Oh yes, that’s right – the politicians are in the pockets of banks and big business.

          • If the banks/secured creditors were that low on the list, they would stop lending to businesses and our economy would come to a screaming halt.
            The owners rarely get anything, and “management” are an employee last I checked.
            Investors (shareholders) are at the bottom of the priority list already.

            You have also forgotten a major creditor, all the other businesses that deal with the company. Unpaid invoices for utilities, rent, cleaners, etc., Not to mention the tax office.

  • Game staff should put all the games in thier boxes/cases for a day then turn a blind eye while the consumer takes revenge with 5 finger discounts.
    By the people for the people.

        • No, you’ve got an adult and someone who works in insolvency. If you walked into a store and took money out of the till or took games away, that is stealing. You are putting yourself ahead of all of the other customers who are in the same position as you, not to mention the guy who fixed the electricity and the mum and pop business that painted the walls. over the weekend. Its a shitty situation, but you are not legally entitled to the till, or the stock.

  • Also my understanding is that GAME is still doing instore cash sales yes?
    How can they say they can’t pay up a refund to the poor guys who pre-ordered (not me) when you could walk into GAME and they have money in the till? If it was me working there i’d just refund and screw the company. What are they going to do? Fire you?

  • For those customer who preordered at Macarthur Square Game your collector ed of D3 are there. I know cause I saw them. I also know that the guys at Game MacArthur Square are all cool blokes and I wish the best for them. If Game does fail I’m going to try and employ a few of them if I can.

    Disclaimer: I own a competitor gaming store at Macarthur Square

  • Issue is that….why even bother pre-ordering when you know there will be sufficient stocks for the general public on release day….this is not 1990s ….supply chains and inventory management are freaking efficient now…and not only do you lose out on interest (for those who pre-order many months ahead, not much but hey its your money) as well there are opportunity costs…

    • For the collectors edition there won’t be enough stock. Preorders also makes sense for online orders since you’ll get it day one.

  • I’m not defending this debacle but I find it funny the people saying that it was irresponsible for staff to promote pre-orders.

    I mean telling customers not to pre-order because your company is going down the shitter is totally going to get your business the money you need to get back out of the shitter and then fulfil customer pre-orders….

    • I think the problem is management were pushing for pre-orders they probably had a fair notion they may not be able to honour.

  • I only feel sorry for the poor people who will lose their jobs as a result of poor upper management and total cluelessness of the higher ups. For those who have lost money with the pre-orders that’s too bad. Everyone and their gran who is informed knows what situation GAME has been in for a while. You’d have to be very ignorant or just stupid to not know this by now and put money down for a pre-order…. especially since there are so many other places to get the game from. Lesson to be learned: when a company is in serious financial crap don’t buy from them! It was only a matter of time before GAME went into administration anyway.

  • You’d think most Aussie consumers would have learned the lesson from their UK bretheren when it comes to trusting GAME at a time of crisis, at least I got a refund for my pre-order. Seems like anyone who put serious money down on D3 really got shafted.

  • I’m done with having sympathy for gaming retailers in Australia who have been screwing us for over a decade and then expect us to be understanding when they kick their own bucket.

    Whoever owned GAME needs to get a good, hard kick in the arse.

  • Game UK did the same thing with gift cards and credit notes, It’s because the company is in admin that they cannot be used, if the company comes out of admin with a buyer chances are they will all be valid again. Stop jumping the gun and just see what the next few days bring for GAME

  • “GAME” is a buying group not a company like “EBGAMES” its effectively its own company only affiliated with the UK “GAME” because they were part of the same group, just because the UK stores went down didnt mean that the Australian stores would to, its a damn shame, i have worked for both EBGAME and GAME and found GAME to be a much better working environment, and they were AUSTRALIAN owned and operated unlike EB who is owned by GAMESTOP US – some of you might remember “The Games Wizards” stores well thats GAME they bought into the GAME group to help stay in the fight – against the purchase of EB by GAMESTOP – guess it just didn’t work out in the end, since their prices were lower and the pay was better i guess it was bound to happen.

  • i don’t understand the gift cards . how can they not honor a gift card since u have already paid for a product u just haven’t bought yet so technically they are not loosening any money because u have already giving that money to then ? I have a gift card with $200 on it waiting for something decent to come out

  • Everyone fortunate enough to have paid via credit card within the last 6 months needs to initiate a credit card charge-back asap! Let your bank do the work.

  • Blacktown store had my CE preorder, if that helps anyone.

    I hope GAME pulls through somehow, but… πŸ™

  • I feel sorry for the guys at GAME across Australia, The Hyperdome Store in Brisbane did not have any stock. First thing this morning a Mum went to pick up her son’s copy (she was talking about it being a birthday present) and had a royal go at the staff when they didn’t have any stock :(.

    Many a person there will be out of pocket (myself included for a fully paid off CE I tried to pick up this morning), but hopefully the Chains will be bought and all of the staff will keep their jobs. Then hopefully people can get refunds.

    GL to all you guys at GAME, Also Dick smith has Standard editions going for $59 today.

    • I don’t.

      Now, I like to consider myself a well-informed nerd.
      However when things like this start happening, and it ends up turning out for the worst, I can’t honestly claim to be surprised at this – GAME’s financial situation was globally in the shit when they started offering good games at reduced prices AGAINST the global gaming giants of GameStop, JB-HiFi and (potentially) Gametraders. Not to mention the online Digital Distribution market (Steam, G2Play, PlayAsia, etc.) The going rates of these franchises is irrelevant – good, bad, it doesn’t really matter because right now, and when it first started, they were STILL doing better than GAME.

      Entering Administration is a bad thing, I’ll admit. If I was a Diablo3 fan and I was in the situation that the majority of you are in, I’d be pretty pissed off that my money has evaporated, too (especially because I believe it to be half of the pay you poor sods get per fortnight).
      But, thankfully, I’m not. I’ll just sit here with my vat of coke/pepsi and my swimming pool of popcorn, and watch you all squabble it out against GAME while I and others like myself sit back and laugh at you all.

      • I do agree that GAME’s business practices put them in this scenario. I am a diablo fan and preordered/paid off my CE back in October last year. Yes, I paid attention to the news about GAME potentially going down the gurgler and figured that their wasn’t much other choice at the time if I wanted a CE of Diablo 3 (no one else had stock available when I was enquiring about switching at the time, roughly mid Feb). I assumed that if they couldn’t get stock I would be refunded in some manner (however Aussie Administration laws are painful).

        Oh well πŸ™‚ If the market in Australia isn’t there, someone’s gotta go out somehow.

  • Just to knock out some misconception: The chances of any upper management knowing that Game would be appointed to administrators on Monday is extremely unlikely. The only people that know beforehand are the secured creditors (usually the banks credit team). The administrators (in this case, PWC) usually do some investigative accounting in the lead-up, but they don’t know what the final decision will be (or even if they are getting the job) until either that day or MAYBE the evening before, just for logistical purposes. If you don’t believe me, understand that if any staff find out about the appointment before the date (whether a games retail store or property management, or super fund etc.,), then this can lead to attempts of fraud (which is very common).
    Guys, this landing the day before D3 is likely just a bad coincidence. Even the banks aren’t quite this Machiavellian and the credit team probably haven’t even heard of Diablo 3.

    I think you’ll find that the pre-orders are likely to be honoured (administrators do often try to make acts of good faith when possible), unless Game are owing money to the publisher or some shipping company that might be holding the stock as ransom.

  • IF you work at game just refund people there money.
    Your job is gone anyway you may as well be a decent person with your last few days.

  • I left GAME in 2009 as a store manager after being told by the former national manager they were in “tough times”. But when they announced mass redundancies in certain districts, the writing was on the wall. Staffing levels were halved across most stores and several new release titles were not carried due to “low pre-order numbers”. the writing has been on the wall for a number of years – just sucks that it happened now.

  • I can’t think of a single GAME store where there’s not also an EB in the same shopping mall. In my experience, everything on the shelf in GAME was exactly $10 more expensive than in the EB round the corner.

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