Hope You Didn’t Pre-Order from GAME in Australia


Grim news from Kotaku Oz, as they report that GAME, a software store that’s gone into receivership (basically the same thing as bankruptcy), is broke, is not receiving many copies of Diablo III, and is not offering refunds on the money they received from software pre-orders.

They’re still delivering the pre-ordered games that arrive, but customers who placed orders that don’t get stocked (as has become very common with the worldwide shortage of D3CEs to fill preorders) are simply out of luck. No game, and no refund.

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]

The only option for defunded customers is to apply to become a creditor, just like all the other companies and individuals that GAME owes debts to. Sadly, such creditors are generally paid in pennies on the dollar — naturally; if the company could pay their debts, they wouldn’t be going bankrupt. The Kotaku article provides a link to useful legal information in Australia, if you are among the victimized in this matter.

Tagged As: | Categories: Controversy, Release Date

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  1. Additionally, GAME is charging for cancelled orders – that’s what happened to me.

    • I’m not Australian but if you tell your bank to not accept the charges, you should be able to.

      • I don’t know how AU law works but in US you just call up the credit card company and say “Hey, these are fraudulent charges, I never received the product!” and they say “OK, we’ll remove the charges.” Then within a couple weeks they will do a limited investigation (usually calling the company, or finding out they’re going bankrupt and doing this crap), and then credit the money to your card on the next statement.
         
        If it’s a debit card linked directly to your account you’re going to have to do a lot more legwork to prove it was fraud.

        • The problem with this is the AU law states they cant refund the money. Also I am sure the sum of money involved most likely means the Credit Card protection don’t apply (theres a minimum sum of money before the credit card protection kicks in, here in the UK it needs to be £100+ in a transaction).

  2. That really sucks… Feel bad for anyone who gets screwed by this.
     
    While I doubt anything would come from this, maybe emailing Blizzard about the situation, maybe they would gift a free digital copy. I know Blizzard in the past has been very generous with 3rd party issues and their products.

    It’s a long shot, but who knows…

  3. You can’t dispute credit card charges in Australia?

  4. Molotov cocktails anyone?

  5. you cant sue them? you cant put these people in jail??? please tell me someone is goona happen to the people who run the store

    • ^ nothing can happen as it gone into administration = what happening is what the AU government says got to happen sadly.

      • Its so stupid the all the government defends those companies. The bankruptcy wasn’t some unlucky event that couldn’t be prevented, every company knows about their own financial situation and they really knew they were in a shitty situation, yet they still took advantage of the situation and offered the preorder so they could get more money because a lot of people wanted to preorder. That’s simply a scam and not a unfortunately event.
        Australia is well known about the poor way their gaming population is treated, especially about the increased prices, but its still better than the country I live (I won’t even mention it). I don’t dare making a preorder in any store here, if I need game I buy it direct from the source and in a digital format to avoid all the problems.

  6. Forgive my ignorance, but this sounds illegal as ****. How the hell can they refuse to refund customers who aren’t receiving their promised product and get away with it legally? My mind is blown right now.

    • Because the whole point of bankruptcy is that you can’t pay your debts. Put another way, that you have a negative amount of money. That’s why they can’t refund customers.

      • Oh, derp, I was so pissed that there are people who weren’t getting D3 like they were expecting to that I glazed over the bankruptcy part 😛

      • sell their houses cars etc.

        Lehman brothers bank also bankrupted, but do you think they ar penniless now? No, they bot billions still. 

  7. Game stores are still open in the UK, think they just closed all the AUS ones

  8. Is it possible for me to gift someone a digital copy?

    • A very generous offer.

      I’ve re-ordered so I don’t need the gift but a guest pass from someone would be appreciated.  

  9. Amazon UK didn’t deliver today either so I’ve had to resort to a digital download from Blizzard, and then will just return the box when it arrives tomorrow for a refund. I think they’re going to be getting a LOT of returns on this one :/

  10. i ordered from game and my CE has been shipped,

    also they don’t charge you until the game ships, so not sure about people being charged already 

  11. Wow, i feel really bad for them :/

  12. Thanking the Diablo gods that i decided to digitally download rather than pre-order from the GAME store literally down the road from me

    • So, it’s your fault they went into bankruptcy. If you’d just ordered from them they wouldn’t have gone out of business. For shame!
      j/k, good call mate!

  13. My guess is, that its not the full game purchase price that isn’t being refunded.  Its just the fee that most B&M places charge when you pre-order.  Which means its probably only a few $.  It still sucks and those people definitely deserve their money back, but I don’t think they are actually out $50-$60.

    Anybody who paid full price for a game just for a pre-order probably should have known better.
     

  14. If you pre ordered the CE online from GAME AUS… You will still receive it as normal…. If you pre ordered at the store directly you probably wont get it

  15. All you actually need is the key. I don’t see why people don’t get the key for the game as insurance, since the game is online only Blizzard can cancel it whenever if the store reports that the person didn’t complete on the deposit. I guess being as smart as me is just to complicated for these brick and mortar manager types.

  16. As nobody seems to understand bankruptcy in Australia. I’ll make a short list. A higher rank (1 to 3), means a better chance at getting your money back from the assets that will be sold/traded.

    1. Bankruptcy Claims (Curator, Taxes, Special claims)
    These are liabilities incurred in the period of bankruptcy by the curator. Estate debts, such as salary costs of the trustee or the rent since the day of the bankruptcy is payable, first met. The law determines when there is an estate debt.

    2. Preferential claims (Creditors with benefits)
    Creditors have a preferential claim a legal right to priority. This is the case with claims for payment of taxes and social contributions. Even within the group applies a hierarchy of preferred claims. So for example receivables from mortgage and pledged receivables. The mortgage holders and lien-holders, mostly banks, may in fact independently ensure that their claims are met.

    3. Unsecured debts (Business debts and Diablo 3 players)
    Creditors with unsecured claims have no reason to prevail over the other creditors to demand.

    TL;DR, you’re screwed. 😀

  17. I’m one of these people.

    My D3CE was ordered months ago and I got the call after 4pm today to say it’s been cancelled.

    If anyone has a spare guest pass and feels generous I’d appreciate it very much.

     

  18. I went to my local Game store to get my CE pre-order as last time I ordered a CE from Amazon they stuff up and it got lost.
     
    Should of just gone back to Amazon, now there are no CEs, damn this sucks.

  19. This is why I preordered my CE from 3 different stores. Thankfully none of them were game.

  20. That really sucks 🙁

    I thought I had it bad earlier today, I get a strange e-mail from amazon.co.uk about Diablo 3…

    I had it pre-ordered almost 2 years ago, only to be told that they have to cancel my order due to a problem and they can’t re-order me a copy because they’re sold out… so I was buggered… and I was getting the game for £25 as it was so long ago when I pre-ordered. So I had to go and buy the digital version from blizzard for £45 🙁

    But at least I’m getting the game from the get go, amazon turned around from their 14th delivery date to the 16th and kept on rising, dissapointing from them, considering they have always been good otherwise.

  21. I just got an sms from my local game here in sweden, and it seems not everyone who pre ordered here will get it either. Not enough supply. They told me it will be sold on a first there, first served basis.

  22. FYI, a lot of people that preordered CE online at GAME have gotten their game already shipped out. As always when preordering, I got a call today that my D3 CE was in and ready for pick up tomorrow when they open at 9am. The only thing that is confirmed not to be stocked are the standard edition of D3. I have also read that only some stores will be honoring D3 preorders so I guess my local GAME store was one of them. This is bad news as I buy most of my games from them if I dont buy online and the staff are great compared to ebgames/gamestop here in australia.

  23. Just do a chargeback, if you used a credit card. It’s not difficult.

  24. Sorry to hear for those that lost money, hope it was just a small deposit.  By some miracle Harvey Norman still had 2 CE’s available only last week, I preordered both, only to have 1 cancelled today.  I’ll be at their store at 9am to hopefully get the only copy they are getting in, fingers crossed!  I reckon some staff member decided he wanted my other CE copy, but I’ll be happy with one 🙂

  25. My sincere condolences. There’s always digital download of course. And this comic to make you feel better.
     
    http://penny-arcade.com/comic/2012/05/09

  26. While I am not Australian, what really bothers me about this is that they wait until the LAST MINUTE to state this? They didn’t know of this quite a bit before? Frankly, I have no idea how a company can get away with not giving a refund. What the hell is wrong with you Australians to allow this?

  27. Wouldnt it be interesting to know how old this so-called company is that had to default on so many orders?
     
    What if it was established specifically to defraud a bunch of people and then vanish?

  28. Very unfortunate! That why i always pre order with EB games. I never really liked GAME that much… At EB games if you preorder a collectors edition you have to put $50 to secure a copy, its normally $10 for a standard copy. I’m assuming game have the same policy in place.
     
     

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