Monday, May 14, 2012

Out of luck and out of money: some Australian Diablo III fans

Some Diablo III fans in Australia are looking serious disappointment, right in the eyes. Australian retailer GAME has gone into administration (essentially, Ch. 11 bankruptcy), and select GAME stores will not be receiving stock of Diablo III. Customers that have pre-ordered from a store that will not bereceiving Diablo III stock will not receive a refund.

You read that correctly, no refunds will be provided for customers of these stores. Cue the advertising from GameStop or's Australian site, or even (ahem) Blizzard's online site for digital delivery.

Let's be honest, Blizzard would have been the best way to go if you wanted to be among the first to play. After all, once the clock passes midnight in your area you'll be able to logon and play, but not if a) you have to drop by a store to get your copy, or b) if you have to wait for the game to be delivered.

On the other hand, even Blizzard's digital copies are not without issues. The German and EU English versions had to have new digital install downloaders issued due to problems with the initial copies.

At any rate, the following SMS was sent to customers who have existing pre-orders with stores that will not be receiving stock of Diablo III:

"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"

Remember, however, if you paid with a credit card you can dispute the charge, so all is not lost. If you paid with a check or cash, the best you can do is register as a creditor. GAME Australia's website provides details on how you can do this, by sending Proof of Debt forms to the following address"

C/Mary Mullins
GPO Box 2650
NSW 1171

Unfortunately, customers paid pre-orders are now unsecured creditors. The Corporations Act, which determines the order that creditors are paid, generally puts unsecured creditors at the bottom of the list.

It's bad enough that these customers may lose their deposits. In addition, though, they now have to scramble to get a new copy of the game, and to some of them that might be even more important (short term).

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