Been sold a counterfeit game

Clark Nova

Clark Nova

Clark Nova

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Joined
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I was pretty excited when I won an auction on Ebay for a copy of Legend of Zelda: The Minish Cap for just over £12. I've been searching in the shops fruitlessly for a couple of weeks so I was pleased with my "bargain."

It arrived today and it was evidently a pirated copy. The cartridge sits slightly proud of the slot in my Gameboy Micro while the others sit exactly flush. After a bit of online research I checked the edge connector and there was a distinct lack of the word Nintendo just behind the contacts. Also, on checking the box there was a spelling mistake; it said "FRANGAIS" instead of "FRANCAIS". Another reason I knew it wasn't legitimate was because Nintendo only ever put the seal of quality logo on the back of the box, this has it printed on the front and the back.

What can I do about it? I've sent the seller a message explaining the reason it is fake but I don't expect to hear back so I doubt a refund is going to be forthcoming. I've also reported the auction to Ebay but I don't expect anything to come of it.

I'm almost tempted just to say "what the heck" and start playing it but my online research tells me that the save game facility is unlikely to be 100% reliable as it uses a battery to hold the save game data rather than writing to an EEPROM so I don't want to get into it only to find all my efforts were for nothing when my save has vanished.

Anybody else been stung buying garbage from Ebay?
 
Yeah unfortunately ebay is FULL of pirated GBA carts :(

Usually the Nintendo Logo doesn't look quite right or other text will be miss-spelt.
 
yeh negative feedback them and contact ebay... I got sold a counterfeit game by someone from china/hong kong, really peed me off - doubt ebay will have done anything to them though.

the irony was the game crashed a minute or so into the story.
 
Yeah I think the vast majority of GBA games on ebay are pirate copies. Ebay isn't the place for GBA games.
 
Kinda same happened to me a while back, bought a collection of "2 Many DJ" albums for £60 and they arrived and were all copies. I would avoid leaving a neg feedback though unless he's already left you some feedback regardless of what it is, because people on eBay tend to do retailitory negative feedback and you don't really want a neg on your feedback because of him/her selling your pirated games.
 
Doubt it

OP's feedback: "SOLD ME A PIRATED GAME, AVOID"
Sellers feedback: "GAME WASN'T PIRATED, WANTED DISCOUNT OR HE'D LEAVE ME A NEG"

Who do you believe? Obviously we know in this cirumstance what happened but if I read those two lines on a feedback page I'd seriously be wondering how was in the wrong.
 
I have seen many a pirate GBA and DS game bought from ebay. They are normally reasonable copies, so an average person wouldn't know, but if you compare them, then they are real easy to spot.

Ask for a refund. Most places will because they don't want the negative feedback.
 
flibby said:
Doubt it

OP's feedback: "SOLD ME A PIRATED GAME, AVOID"
Sellers feedback: "GAME WASN'T PIRATED, WANTED DISCOUNT OR HE'D LEAVE ME A NEG"

Who do you believe? Obviously we know in this cirumstance what happened but if I read those two lines on a feedback page I'd seriously be wondering how was in the wrong.
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If I was then to buy something from the OP and I looked at his feedback and the rest was good I wouldn't worry.

If I was looking at the sellers chances are he will have sold other dodgy games. The whole point of feedback is to protect others from the same mistake. If everyone took the attitude that they wont leave bad feedback due to getting one back then the dodgy sellers dont get highlighted.

I've always used the complaints procedure and where they dont respond they have never been able to put a negative on my account anyway.
 
A few months ago I was sold a counterfeit SD mem card (should I realised looking at the price). I simply sent him an email with photos showing real vs the one he'd send me (it was good) and said I was having problems with it (which I was). He told me to send it back, and I got a full refund.

Just don't shout. Simply say you're not happy and want a refund. See what he says.
 
I have seen quite a few neutral feedbacks left. Often saying, "Pirated game but agreed to refund" or something like that. I always look for comments like that and I am sure others do too.
 
Ok, well this is the email that I sent him initially:

I received this item today. I am not happy, it is clearly a counterfeit copy.

1. Size of cartridge is slightly different, it sits proud of the cartridge slot.

2. The edge connector is not how it should be, a genuine copy should have the word "Nintendo" written just behind the contacts.

3. Nintendo do not make games that come in boxes with a glossy finish.

4. The label on the cartridge does not go right up to the edges like it does on genuine games.

5. The box has been flattened by a machine, not by a person.

6. The instruction book does not come with the safety precautions as genuine ones do, it is clearly just a colour photocopy.


Please let me know when I can expect to be sent a legitmate copy of this game.

Thanks
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This is his reply:

Dear Simon

Thank you for your comments. However you will note from my advert that the game is an 'import' which comes with a basic manual. Therefore clearly I am not suggesting in any shape way or form that this is an original and hence the points that you raise are irrelevant.

Should you not be happy with this 'import' which I hasten to add many customers have been, then kindly return my item and I shall refund your monies.

Best regards
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And this is my second mail that I sent him:

I'm sorry but that isn't a satisactory answer. Suggesting that just because something is an "import" makes it ok to sell counterfeit goods is highly ridiculous.

If something is an import then it implies that it is a legitimate game from a non-UK territory. Are you suggesting that all imported titles are fakes? Is everything that comes from overseas fake?

Do I need to report this to Ebay/PayPal and also FACT (Federation Against Copyright Theft but I have no doubt you already aware of that.)

I await your reply with interest.
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I'm still waiting for him to get back to me, I sent this quite late last night so he hasn't really had chance to respond yet. I have already reported the auction to Ebay and have received one of their automated replies. I don't really want a refund on this only for him to sell it on again to some other sucker so I intend to see how far I can push this, I'm really angry that somebody tries to justify a bogus game by calling it an "import."

I was thinking about notifying FACT, Elspa and also Nintendo themselves as they have an anti-piracy division of their own to protect their IP.

Anything else you guys could suggest?
 
Clark Nova said:
Ok, well this is the email that I sent him initially:



This is his reply:




And this is my second mail that I sent him:




I'm still waiting for him to get back to me, I sent this quite late last night so he hasn't really had chance to respond yet. I have already reported the auction to Ebay and have received one of their automated replies. I don't really want a refund on this only for him to sell it on again to some other sucker so I intend to see how far I can push this, I'm really angry that somebody tries to justify a bogus game by calling it an "import."

I was thinking about notifying FACT, Elspa and also Nintendo themselves as they have an anti-piracy division of their own to protect their IP.

Anything else you guys could suggest?
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Whilst his attitude is a bit stinky he has offered a refund.

I'd send it back and move on.
 
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