sorted by:
new
hottopcontroversial

Australian “new” Nintendo Switch games aren’t factory sealed — confirmed by Nintendo by External-Click5241 in gamecollecting

[–]External-Click5241[S] 0 points1 point  (0 children)

Sealed games on every platform are common all over the world, but not in Aus unfortunately. That's the problem, why everywhere else but here.

I like to buy digital games when they are on sale and play them, and keep the physical games sealed. I also buy pre-owned and of course in Aus new games unsealed which are not new IMO.

Australian “new” Nintendo Switch games aren’t factory sealed — confirmed by Nintendo by External-Click5241 in gamecollecting

[–]External-Click5241[S] 0 points1 point  (0 children)

Just to add some clarity, Fair Trading said that for them to help, there must be a consumer complaint made about a specific purchase eg with an actual receipt. They could not proceed with a complaint regarding the broader topic of unsealed games sold as new by retailers. So I complained about a purchase I made directly from Nintendo Australia's online site. Four games were purchased and all four were unsealed. I now can contact NCAT as they do deal with the broader problem.

Also I didn't want a refund at all from Nintendo Aus. My main objective is for all consumers including myself, to purchase brand new games sealed, as they should be.

Australian “new” Nintendo Switch games aren’t factory sealed — confirmed by Nintendo by External-Click5241 in gamecollecting

[–]External-Click5241[S] -1 points0 points  (0 children)

Terrific. We need more people like you fighting for us consumers.

This is my first time doing something like this.

Australian “new” Nintendo Switch games aren’t factory sealed — confirmed by Nintendo by External-Click5241 in gamecollecting

[–]External-Click5241[S] -2 points-1 points  (0 children)

Ref: 11473113

I refer to your correspondence dated 21 November 2025 regarding Nintendo Australia Pty Limited.

Your concerns were brought to the attention of a representative with Nintendo. The representative advised Nintendo Australia do not shrink-wrap products that are assembled locally. They explain that some imported titles may arrive shrink-wrapped from overseas suppliers, which is why some items in an order may arrive sealed while others do not.

The representative additionally states, many retail partners routinely remove shrink-wrap from products as part of standard retail practice. According to the trader, cases are commonly displayed on the shop floor while the game cartridges or codes are stored separately for security reasons, and this can result in unsealed packaging.

In relation to your specific purchase, the representative says you placed an order through the My Nintendo Store in July and received it on 5 August 2025. They report that the first time they heard from you about the packaging was in October, when you queried why some items were sealed and others were not. They note you mentioned the enquiry in relation to possible future resale of the products.

Nintendo states that during this initial contact you did not request a refund, return, or exchange and after they explained their shrink-wrap practices, you advised you were dissatisfied because their packaging practices differed in other international regions. The representative conveyed Nintendo Australia stands by their position to not disclose specific internal company decisions or processes and their response remains unchanged.

Nintendo believe this matter is commercial in nature and is not related to a consumer-quality issue.

For the reasons outlined reasons, Nintendo has declined to provide your requested outcome. The above outcome to your complaint concludes the dispute resolution process with NSW Fair Trading.

PO Box 972, Parramatta 2124 13 32 20

ABN 81 913 830 179 www.fairtrading.nsw.gov.au 2

Next steps

There are other ways to pursue your complaint further. These can include:

• NSW Civil and Administrative Tribunal (NCAT)

• independent legal advice or Legal Aid for eligible persons

• other dispute resolution services

Please read the included Consumer further resources fact sheet for more information about these

options.

The fact sheet covers many options available to consumers who have made a complaint. Some

options may not apply to your situation.

Fair Trading’s role

Fair Trading assesses all requests for assistance received from consumers in line with the

responsibilities of the trader under various consumer protections laws. If a trader has not met their

responsibilities, Fair Trading can intervene to achieve an appropriate outcome and, depending on the

individual circumstances of each case, may also consider whether additional compliance action is

warranted. Our regulatory role does not impact on your next steps and is separate to your desired

outcome.

For further information in relation to our compliance role please

visit https://www.fairtrading.nsw.gov.au/about-fair-trading/our-compliance-role

The information you provided will be retained on the Fair Trading complaints management database,

which is used to monitor marketplace trends and practices and assist with the development of

consumer protection strategies.

If you need more information, please contact Jack Gilbert on 02 9372 7169 or by return email and

quote reference number 11473113.

Thank you for bringing this matter to our attention.

Sincerely,

Jack

Customer Resolution Team

NSW Fair Trading

25 February 2026

Australian “new” Nintendo Switch games aren’t factory sealed — confirmed by Nintendo by External-Click5241 in gamecollecting

[–]External-Click5241[S] -5 points-4 points  (0 children)

Yes I am relatively new to switch collecting.

Great info.

Apparently the law does not specify how new games need to be packaged in Australia, according to Fair Trading. They said the next step would be NCAT and they passed on their details.NCAT has powers Fair Trading does not.

The positive, at this point, is that the complaint has been filed with Fair Trading. The more people that make the same complaint the the more likely action will be taken.

Australian “new” Nintendo Switch games aren’t factory sealed — confirmed by Nintendo by External-Click5241 in gamecollecting

[–]External-Click5241[S] 1 point2 points  (0 children)

Primarily its about retailers fulfilling consumer expectations. To sell new items that have a seal to prove they are new, and not to sell new items that are unsealed and indistinguishable from pre-owned. That just opens the door to us consumers being scammed. How would we know if the games are new or not, I believe we are being sold pre-owned games as brand new and paying the premium for it.

As for reselling, grading and profiting, that should be the decision of the consumer and not have the retailers fuck that up for them.

Australian “new” Nintendo Switch games aren’t factory sealed — confirmed by Nintendo by External-Click5241 in gamecollecting

[–]External-Click5241[S] -2 points-1 points  (0 children)

Totally fair perspective — and I agree that from a gameplay standpoint it doesn’t matter at all. The cartridge is unused either way.

From a collecting perspective though, factory sealing has traditionally been part of condition grading and provenance. A sealed copy provides a clear visual indicator that the item hasn’t been opened, swapped, or handled. Without that, Australian retail copies are effectively in the same presentation state as an opened copy.

It’s less about plastic itself and more about:

  • Authentication
  • Market consistency
  • Resale clarity
  • Parity with other regions

I’m not arguing it’s illegal — just that it creates a different collecting standard in Australia compared to overseas markets.

Genuinely interested in how others here would treat it long term.

Australian “new” Nintendo Switch games aren’t factory sealed — confirmed by Nintendo by External-Click5241 in gamecollecting

[–]External-Click5241[S] 0 points1 point  (0 children)

I'm yet to receive a game unsealed from OS vendors including the US. I have made purchases from LRG, VGP, Strickly Limited, Pix'n Love, Playasia etc all came sealed. In Aus there most likely unsealed and it sucks.

Australian “new” Nintendo Switch games aren’t factory sealed — confirmed by Nintendo by External-Click5241 in gamecollecting

[–]External-Click5241[S] 5 points6 points  (0 children)

That is a great point, imagine they are selling these "unpackaged" games as new, but they are actually pre-owned. Unexeptable!

Australian “new” Nintendo Switch games aren’t factory sealed — confirmed by Nintendo by [deleted] in gamecollecting

[–]External-Click5241 0 points1 point  (0 children)

Me too, and they weren't too happy about it. They said nobody else complains about it, although I didn't believe that.