It isn't against the law if they're selling promo items second hand. The tag line isn't legally binding, unless the person who put it there decided to enforce it in civil law under breach of contract.
The only time this sort of thing would be a criminal law issue is if it a retailer was doing it on food items - say, taking a multipack of food and by splitting it. Some of the items wouldn't have the relevant nutritional, weight etc information on them which is covered by separate criminal legislation.
Likewise with games, they would only be breaking an actual criminal law if it didn't have the appropriate classification on them, but that's fallen on it's arse lately due to the problem that was uncovered a few months ago with the BBFC's not being enforceable.
That said the official suppliers / providers of the promo copies might be interested to know that they're engaging in this sort of activity. Then again, given the second hand market that exists with games, they may not be that interested at all.
If the shops are passing something off as new and it isn't though, that's a different story as it's a trade descriptions offence and a criminal law matter (depending on how they've worded things at point of retail).
The only time this sort of thing would be a criminal law issue is if it a retailer was doing it on food items - say, taking a multipack of food and by splitting it. Some of the items wouldn't have the relevant nutritional, weight etc information on them which is covered by separate criminal legislation.
Likewise with games, they would only be breaking an actual criminal law if it didn't have the appropriate classification on them, but that's fallen on it's arse lately due to the problem that was uncovered a few months ago with the BBFC's not being enforceable.
That said the official suppliers / providers of the promo copies might be interested to know that they're engaging in this sort of activity. Then again, given the second hand market that exists with games, they may not be that interested at all.
If the shops are passing something off as new and it isn't though, that's a different story as it's a trade descriptions offence and a criminal law matter (depending on how they've worded things at point of retail).
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