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pokoko on 12 August 2018
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SvennoJ said:
So if he unwraps it and sells it as "mint condition, never played" it's ok?

I doubt he even has to unwrap it.

V-r0cK said:

I found weird in the article because before that statement they said about the seller "He bought the game but never unwrapped it, he told us.".  So he was still selling a new copy of the game. 

Hmm..I never thought about the game having warranty, most of the time if something is wrong with the game I just bring it back to the store and they either give me a new copy or refund, where I never deal with the Publisher at all.  So what does this 'full warranty' of a game from the Publisher entitles us to?

ArchangelMadzz said:
Not worth fighting but surely trade law means you can sell whatever you buy?

I feel if this was a TV this would never happen.

Same.  And it could literally be for any product a consumer buys.  Imagine if companies like Ford, Honda, Toyota etc.. start doing the same for people trying to sell their used cars? loll I think Bethesda is out of hand on this.

Warranties change depending on the manufacturer.  Usually, if you get home and you find a defect, you can call the manufacturer.  They might tell you to go through the store or they might hand it directly, but either way, it's still the manufacturer who eats the cost.  However, if it's a limited warranty, it might say that the terms of the warranty only apply to the first buyer--if the first buyer sells the item, the warranty if voided.

In the case in the article, the issue seems to be that the guy selling the game is the "first buyer", thus anyone who buys from him will get a game with no warranty.  That means the game is no longer "new" because the consumer isn't getting the same thing that someone who buys a new game from Target or Gamestop would get.  That means, legally speaking, the guy in the article listing his game as "new" might be false advertising.  If that's all this is about, then that would actually make it a pro-consumer move from Bethesda.

The article is really muddled, though, and I can't tell what is fact and what is the writer's conjecture.

As far as cars, most of them have a full warranty that transfers to the second buyer.  However, the moment a car is signed over to the first buyer, it becomes "used," even if it has never been started and has zero miles on it.  It can no longer be sold as "new" and that's a pretty strict rule.