Amazon - Sold Not For Individual Resale Game

enfield_freddy

I suppose the OP might be ok if its got a foreign plug on it , she can send it back then (joking)

daytona0

ShaneMW wrote: »

Hi,

I purchased a new & sealed PS4 game from Amazon and on receipt I found it to have a large Not To Be Sold Separately banner printed onto the front of the insert of the game. Please note I paid full price for said game.

Amazon 'claim' that it is part of a disc set and can be sold separately but why would Sony go to printing such a statement on the front of the game if this was the case. Also I know the game in question only comes with one disc therefore what they are saying is not true. It is my belief that this is from a 'bundle' with which this game would come free with a console.

Does anyone have any suggestion as to what to do with regards to this as I feel like I have paid for a game that in essence would have been free.

Some thoughts:

1. Not to be sold separately - from what? You and Amazon are both speculating. For all you know the sign could be referring to the game box only! As in, you can't sell the game box without the CD..... A bit far-fetched granted, but certainly a possibility without concrete information.

2. You contracted with Amazon to purchase game Y at price X. That is what they supplied. As long as the game remains unopened then you will be entitled to send the game back in order to get a full item refund. If you kick off enough then you will almost certainly get a postage refund too (say that it is not as described - as in you weren't told about the "not for re-sale" sign and thus you are not able to give it as a present to someone etc Something like that)

3. To elaborate on point 2 also, if the game works as normal then who cares? You don't buy a game to admire the box, and you don't buy them to re-sell them as used! (unless you do trade-ins which is fair enough, in which case refer to point 2)

4. Nothing in life is "free" and not certainly when you agreed to pay price X for something. You aren't entitled to anything other than either keeping it, or getting a full refund plus possibly returns postage costs covered. Nothing else. The "free" disc would have been incorporated into the bundle price.

jjlandlord

Collabora wrote: »

Also goto any retailer and you will see crisps/cans of pop being sold separately when they say 'to be sold in multipack'

I suspect that these printed texts are just vendors trying to enforce their segmentation of the market.
They don't want shops/supermarkets selling the multipacks on an individual basis but want them to order the more expensive individual bags instead.
These texts are just a way to create fear in the consumer's mind ("What is this shop up to? Sounds dodgy to me", etc.)

It's probably the same 'game' being played with OP and, judging by his reaction, it is not ineffective.

Collabora

shaun_from_Africa wrote: »

Quite often, the individual items from multipacks won't have a use by/best by date on them as this will be on the outer packaging.
Another reason is things like ingredients, nutritional info etc which again might only be on the outer packaging.

you could say they with Pick and Mix sweets, walkers have all the same details on their individual packets as on multipack outer and the same with Coca Cola

Collabora

jjlandlord wrote: »

I suspect that these printed texts are just vendors trying to enforce their segmentation of the market.
They don't want shops/supermarkets selling the multipacks on an individual basis but want them to order the more expensive individual bags instead.
These texts are just a way to create fear in the consumer's mind ("What is this shop up to? Sounds dodgy to me", etc.)

It's probably the same 'game' being played with OP and, judging by his reaction, it is not ineffective.

Yes that's it. I have done it myself in buying toys wholesale. you get things like Tennis Balls in a box of 48 it works out at 35p per tennis ball, but you can get these in clear cartons of 4 balls which comes in a box of 12 packs (60 tennis balls) but each pack of 4 balls work out at 70p (17.5p per tennis ball), so you can get an extra 12 tennis balls + you paying 1/2 the cost per tennis ball. so just remove them from the clear carton and you can either sell at the same price as you would with the box of 48 or sell them cheaper

shaun_from_Africa

Collabora wrote: »

you could say they with Pick and Mix sweets, walkers have all the same details on their individual packets as on multipack outer and the same with Coca Cola

Just because the two companies that you name have all of the details on both the inner and outer packaging doesn't mean that this is the case for all manufacturers.
Regarding pick and mix. There are exemptions in the food labeling regulations for all loose non prepacked food, of which pick and mix is just one example.

http://www.tradingstandards.gov.uk/cgi-bin/glos/bus1item.cgi?file=*BADV048-1001.txt (for additive labelling requirements)

This guide covers the labelling of sweets sold in any of the following situations:
•loose or unwrapped
•pick 'n' mix
•prepacked by you on the premises
•prepacked by you for sale from your market stall or mobile vehicle

•on a label attached to the food
...or
•on a label, ticket or notice that can easily be seen and read by the purchaser at the place where they choose the food

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/69316/pb132629-food-date-labelling-110915.pdf (for date requirements)

Exempt from the requirement to carry date marks under the FLR
1. Loose food, including food sold in catering establishments;

shaun_from_Africa

Collabora wrote: »

Yes that's it. I have done it myself in buying toys wholesale. you get things like Tennis Balls in a box of 48 it works out at 35p per tennis ball

If tennis balls were legally required to have a list of ingredients, best before date or a nutritional guide then you wouldn't legally be able to break down the packaging to sell them individually, but as they don't you can sell them how you like.

The fact still remains that with foodstuff, there is often a legal reason for the "not for individual resale" statement to be written on them.

jjlandlord

shaun_from_Africa wrote: »

The fact still remains that with foodstuff, there is often a legal reason for the "not for individual resale" statement to be written on them.

It's always a commercial reason.

Why do you think that they do not print all the legally-required stuff on each individual item when they are sold in a pack?
So as to make re-selling individually breaking regulations, and thus somewhat preventing it, of course.

The "not for individual resale" is just to create a negative impression in the consumer.

It's all about market segmentation.

If the shop is motivated they can put stickers with the required info on each individual item and be legally good to go. But that adds an extra cost.

browneyedbazzi

enfield_freddy wrote: »

same with loose citterettes years ago , each one didn't have a warning on it

There is a specific law against selling single cigarettes (or any quantity less than 10) which is nothing to do with the warning labelling - it was brought in primarily to stop kids being able to buy single/small quantities of cigarettes with their pocket money. There is talk about the minimum pack size increasing to 20 next year.

As far as a video game goes, I'm not aware of any labelling or other requirements that would make it an offence to sell items split from a bundle - unless the PEGI rating is missing, but I'd be surprised if it wasn't on the individual game packaging even if it was sold as part of a bundle.

Collabora

shaun_from_Africa wrote: »

The fact still remains that with foodstuff, there is often a legal reason for the "not for individual resale" statement to be written on them.

No legal reason for this. They never used to do this, Coca Cola was the first to start doing this to try and stop retailers splitting multipacks.

every multipack i have purchased has had the dates etc. printed on every item (which is the law)