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.


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

      I expected the game I pre-ordered............

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

      Yeah, plus there's no guarantee that employees will be getting all their owed pay and benefits.

        Yeah, I kind of feel like heading over to a GAME store tomorrow to help them out.

          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.

    Just found out I won't be getting my Collector's Edition that I had completely paid off in store...

    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 :( and i had to pay $139 for D3 CE because online store dosent accept gift cards....

    whos silly enough to buy from game in the first place

    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.)

      ...hence the title of the article stating that SOME stores won't be stocking it.

    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...

    I feel sorry for the kids that are losing their jobs :(

    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.

      ^ Top bloke.

        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.

      It's in no way your fault and I hope customers realise that. Good luck.

    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....

      Mine says much the same. My thinking is, if Aus Post has it then it's been shipped. We should be fine.

        Yer they said online preorders will be as normal WOOOO

    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 take great offense at that...

        ... I'm a fourth year Uni student!

    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.

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