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.


    I would just walk into the store and open the till.

      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.

      Dont be stupid.

        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:

            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.

      Dont give any more dumb ideas please.

        Looks like we got a store owner..

          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.

            Not legally entitled maybe but they should be. Hope you feel good about screwing over the common folk.

    who actually bought their games here anyways?
    They always had little selection and were over priced.

    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?

      If I was a staff member there I'd be wanting to keep the money in the till so that I can get paid with what little money they have.

        Yeah it's ok to shaft people as long as you get paid I suppose.

      Well, yeah. They would 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

      The GAME store in Werribee Plaza has my CE copy.

    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 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.

      He says as the Aussie dollar drops below parity.,..

    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.

      Lol are just plain wrong in almost every one of your statements

    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

    waits to see everyone on here cry when ozgameshop gets shutdown

    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... :(

    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 :) 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.

    This is theft. Pure and simple.

    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.

    At least blizzard will honor D3 orders for those who bought it through game...

    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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