Best Buy Epic 4G Touch picture

Android Central Forums member remii picked up his shiny new Samsung Galaxy S II Sprint Epic 4G Touch (hereafter referred to as the SGSIIE4GT for short) at a Best Buy in Riverside, Calif., only to find that it wasn't quite as pristine as you might expect, with the box apparently already opened and the phone's camera having been ... tested. Here's the story in remii's words:

So I walked into Best Buy today to get my Epic 4G Touch, and I go to play with it as the rep finishes my paperwork, and look what I find on it that Best Buy decided to throw in as a bonus!

I was pretty upset. There was another one as well of a random Sprint fixture. Also before I even got the phone in my hand the reps were handing the phone off to each other to check it out. They didn't even know anything about it nor of its release this morning.

... I have to admit the camera quality is pretty nice, lol. But, yeah, I spoke to their manager and he just made excuses. "When we get in new devices the techs like to open them up and explore them a bit" was his reasoning. I then asked why would there be such a vulgar photo on my phone then and he went on to say that they should have deleted it before it was sold. Awesome.

We're willing to bet that's not official Best Buy policy (or anyone else's, for that matter). And while we'd agree that the photos left on the phone aren't all that offensive, but that's not really the point. If we're buying a brand-new phone, we'd prefer that store reps not "play" with it first, ya know? There's probably no need to keep things as sterile as to clearly open the box in plain sight of God and the customer, but just don't "play" with what we're about to buy, m'kay?

As for remii and his almost-new SGSIIE4GT? Hit the break to see how things turned out.

Continues remii:

So I went back in the store again (This being the Tyler store in Riverside, Calif.) and spoke to another manager in person. I explained to her my situation and about how I've already spoken to another manager who simply dismissed the issue. She seemed much more reasonable and was seemed to grasp the severity of the situation. She apologized profusely and expressed her frustration and assured me this is not regular Best Buy behavior. She assured me the employee (who I happened to run into at the store who's name I discovered is Victor. I couldn't make out a last name sadly) would be adequately reprimanded. She guaranteed me a new phone which she would personally pick up at a sister store (seeing as how this was the only Best Buy in the district to stock the phone and my friend and I were the first two to get the two out of six of they had received). I just have to stop by again tomorrow morning to get my new *crosses fingers* Epic 4G Touch. Which works out great since the "new" one I purchased this morning is refusing to charge. It's been plugged in all day and it's only at 70% battery. I was really hoping to have a chance to play with this phone after having waited for months to get it in my hands. She even threw in a $25 gift card for my problems. It makes me really sad and frustrated to know these types of situations still occur. Who knows what these retailers decide to do to these seemingly "new" devices before selling them. I hope at least in this instance this employee learns his lesson and this store in particular does a better job at training their employees. This shoddy behavior is highly unprofessional and one would think a big chain like Best Buy would have better practices in place in order to prevent these situations from occurring.

All in all this wasn't the launch of a new device I was expecting to get when I walked into Best Buy this morning with my debit card in hand ready to fork over for a shiny new phone but in the end it all worked out. Now if only the morning would come sooner :]

Good on Best Buy for making this right and throwing in a little extra for remii's trouble. How big a stink would you have raised? Let's hear it in the comments, folks.

Source: Epic 4G Touch forums

 
There are 169 comments

I would laugh my ass off if I found that on my new phone, not throw a tantrum...

Mitchsamuels says:

So. you call going back into a store to get what you should have gotten in the first place (a NEW phone) a tantrum?

If you would have taken it and stuck with that used phone, you would be the pushover.

Sniper1087 says:

I agree with you completely I do not like if I'm buying a new phone to be used and of course worst if it has pictures more reasons to purchase from the main store rather than best buy.

Mike_is_Mike says:

I would have gone back to the store and gotten a bunch of free stuff out of the store manager - or gone youtube on them. :-)

EvanJ18 says:

right i'm sure you'd be pleased to know that you just spent at least 200$ on a used product that was sold to you as new.

strikethree says:

Did you even read the post?

First of all, how is that a tantrum? He had a right to complain and ask questions because it was played with AND THE PHONE WOULDN'T CHARGE.

Notice how everyone who thought it was funny skipped this part. Because, these are the same idiots who don't read.

I wonder if you would find it funny if some stranger went to your house and left a picture of him using your stuff.

Would you still laugh your ass off?

Mike_is_Mike says:

I was with you all the way up until your bad comparison equating this to a home invasion crime.

themuffinman says:

LMAO

SpaceDroid says:

He wasnt throwing a tantrum

I think everyone is missing a very big point here. The phone was not new out of the box. Also, I don't know about anyone else but when I get a phone from bestbuy I tell them NOT to remover the screen protector until I buy one. You can't be to careful with touch screens. Again even if they used it they should have done a factory reset and deleted the sd card contents.

HalizDad says:

Next time you buy a new phone, have it sent to my address first, and when I get done with it, I'll return it to almost-new condition and send it on to you.

Versed says:

Yes, I would laugh then do what the person in this post did, bring it back.

ReaganDee says:

Seriously man?!?! ... I would have just laughed. This is just a story of someone trying to get something for nothing ... OH NOES!!! There is a picture of a guy flipping me off on my phone ... /cry

Man up and don't whine like a little B*tch

It's okay for you two to opinionate the situation in this way, but just remember how you feel about good customer service next time someone takes a dump in your Baja Mt. Dew.

ReaganDee says:

My point was to not act like a picture of someone flipping off a camera offends you. If the box is open and charger not working on your brand new device I get the being upset part. And obviously Best Buy is going to replace your brand new product that is broken.

PhilR8 says:

Interesting that you'd let someone walk all over you like this. You don't demand good, considerate service? You'll certainly be treated like you deserve to be.

Landon1983 says:

It wasn't the picture that offended him, it was the fact that he paid 200 for something that was supposed to be unopened. There is no reason for someone to go and open a product that isn't theirs just because they work there. He didn't throw a huge fit or anything about it. It's just simple policy. So it would be ok for someone to go and maybe take a bit out of a food item you intend to buy just to...see how it tastes, try it out?

Landon1983 says:

Lol @ marking us as spam and yours up

ReaganDee says:

Lol @ you thinking i rank anybody's post as anything

Landon1983 says:

Ikr

themuffinman says:

I could care less about the picture but if I purchase something thats suppose to be new then I want to be the one to open that box up for the first time or at least have the box opened up in front of me. If something appears to be used then I have every right to not accept it.

jeeves86 says:

Or at least ask for a discounted rate, like an open-box price. It seems kind of childish, but come on, the employee didn't pay for it, why should they get to play around with it?

rflagg says:

Oh, I see... So it's ok for a corporation to sell you a $200 device with a contract (or perhaps he bought it off contract outright) that was obviously used, and wasn't working as expected. I guess we should all rally behind Best Buy today and go give them $25 each so they can make up for this huge loss of theirs (because, you know, gift cards aren't easy income for big box stores, that's why you can't find them anywhere).

ReaganDee says:

Actually, it is a $500 device.

Landon1983 says:

Actually...it's a 200 device with contract. Or did you read what he put?

ReaganDee says:

Actually, you did not originally say its $200 on contract. You just arbitrarily quoted the price of the phone not denoting whether you were quoting an on contract or off contract price. Thus, one would only assume you are quoting full price with no discounts. Also, you should note I am referring to your post on price point not the Best Buy customer.

Landon1983 says:

Well 1. you're replying to me which I never said it originally and 2. he said 200 with a contract. So how is that not saying...200 with a contract? :P

edit: His exact words, "Oh, I see... So it's ok for a corporation to sell you a $200 device with a contract"

If a salesmen said $200 for a brand new phone such as this and didn't specify on or off contract whilst quoting said price, one would have to be a complete moron to assume that price was full retail .... sooooo .... you're rebuttal is idiotic and so are you ... people never cease to amaze me with their stupidity. It should be obvious to someone with half a brain that when one quotes a $200 price for a new smartphone such as this, its a 2 year agreement price! Its implied dumbass, doesn't require specification

ReaganDee says:

wrong ... it requires specification

Landon1983 says:

Good thing he did and I already indicated that. Feel free to play again next time though.

squiddy20 says:

Bwahaha, says you. I know when I hear "I got it for $200" that generally means an unsaid "with a 2 year contract", on any carrier. If someone told me "I got this cool new Android phone for $100", I KNOW that person got it with a 1 or 2 year contract. There's no reason to think they didn't because, well, not many people get a phone off contract.
Looking around at sprint.com, I only see 3 Android phones even remotely close to $200 OFF contract. They are: the LG Optimus S, the Samsung Replenish, and the Kyocera Milano and they each go for $300 OFF contract. Now, Sprint is arguably the least expensive when it comes to phones so I imagine most other carriers will be about the same price or more. But since we're not talking about one of the inexpensive phones listed above, there's NO WAY that the ET is that cheap ($200) off contract. It really doesn't "require specification". You're just too stupid to figure out the implied meaning. Man up and don't whine like a little B*tch

No it really doesn't require specification if u have half a functioning brain in your head, which u clearly don't. Anyone who knows anything about high end android smartphones knows a $200 price point implies a 2 year contract. Since u believe it requires specification, u have just revealed how little u know of the mobile tech world and therefore should do yourself a big favor and just stop posting on this website.

BURN!!! Good reply! Lol I wish I could get an Epic 4g touch for $200 off contract. That will NEVER happen!

Javeline4 says:

Reagandee:
You're assuming naively about an phone being sold $200 off contract. No new phone on a postpaid network will sell that cheap.
you normally will only find prepaid phones that cheap unless you're buying stolen/scammed phones on Craigslist.

Use your brain, it's good for you

strikethree says:

I'm glad we have BestBuy representatives here on AC.

If you actually read the post (which I'm sure you didn't), you would've read that the phone didn't charge. Maybe it was defective to begin with? Or maybe the employee fucked it up. Maybe he dropped it while he was playing around with the phone. This is why you don't play with shit that isn't yours.

Next time, please give me your expensive electronics so I can play with and fuck up then sell it to you as brand new.

Laugh at the thought of me rubbing your phone between my arm pits (or other body parts) as you press your face against it when making calls. And don't think stuff like that doesn't happen. Happens in every industry, where dumb ass employees think shit like that is funny.

ReaganDee says:

herp ... derp ... I was not referring to the phone not charging. I was talking about someone who is "sooo offended" by a picture of someone flipping off a camera. Obviously if you get a broken product "BNIB" it should be replaced by the retailer.

ameadows252 says:

I think if you read the post you would've noticed he never got "sooo offended" by the picture, but by the idea of someone playing with his brand new phone before selling it to him as new. Also, why did you put "sooo offended" in quotes? I didn't see him say that ANYWHERE in his story. Who the fuck are you quoting? You need to learn some reading comprehension skills dude.

Landon1983 says:

Like I told him already, I guess it would be ok for someone to go and eat something a little before he bought it just so they could try it out and see how it tastes. But don't be "sooooo offended", it's just a little piece gone.

ReaganDee says:

So abrupt and aggressive with the language. You need to learn some social skills dude.

fratch73 says:

see you missed the point right there it wasn't BNIB cus the employee opened it. Who knows what other just for shites and giggles things he did with it.

DavidJ726 says:

You're response is to man up and don't whine like a little B*tch?

Maybe you could also man up and develop some character. Not everyone appreciates that gutter-rat type of behavior.

What's next, a picture of someone mooning the camera, or a girl pulling her shirt up for the camera? That's not what I want or expect when my teen age kid gets a new phone.

ReaganDee says:

My character consists of not being so soft that a picture of someone flipping off a camera gets me in a twist. And you need to develop a sense of reality if you think your teen age kids have not already seen topless girls.

infg3570 says:

Please reread the post - then, reread what ameadows252 wrote. Then, rethink your answer.

Definitely not a good look for Best Buy who saw a loss of 30% profit recently... Me personally, it's what Best Buy would do to rectify the situation that would determine if I would spend my hard earned money there again. Had I been corporate, I'd go after the rogue employees that who are subtracting from the company's bottom line.

ReaganDee says:

I am not going to refer to someone else's post, nor will I allow you to use someone else as your crutch for your comment. You came through questioning my character. And I came right back at you. Then you ducked behind someone else's post. Showing me just how lacking in spine your character is.

SpaceDroid says:

@reagan your lacking the spine by being the pushover allowing someone else to use your new smartphone.

Landon1983 says:

It wasn't about the picture's content...

squiddy20 says:

You seem to be missing the point despite being told several times over. The "twist" isn't the contents of the picture. It's the fact that the pictures (since there was also a picture of a "random Sprint fixture") are even on the phone in the first place. When you buy a "new" phone, computer, tablet, etc, you expect the packaging to be unopened and the device never used. Unless you have some other definition of the word "new"? It's comparable to ordering a "new/never used" book from Amazon or Barnes & Noble, only to find writing and scribbles all over and inside upon receipt of the book. You expect the book to be "new/never used" because that's what the description said. This situation is no different. You walk in to a Best Buy expecting to get a "new" phone, only to find it's been used before it's even in your hands. Not only is that bad customer service, I'm pretty certain it's against store policy.

Why are you in these forums???You do not have the Epic touch 4g nor can you afford one of these devices so basically you should have no opinion of this article. You problem has always been to TROLL various android articles on all sites simply because you have NO LIFE AND NO JOB which in it's self is a pretty sad conclusion. STOP LEAVING COMMENTS ON SPRINT SITES or any related android sites pertaining to sprint YOUR A VERY SAD PERSON and so is your buddy @snowbdr89 ....

squiddy20 says:

Umm neither do you you stupid dumba**. You've never owned a Samsung phone. You're "too kool" for that. And you have no idea what I can "afford" because you know nothing about me nor do you know my economic status. Go troll somewhere else moron. I'm sure Phandroid would LOVE to have you back. Need I say that you were banned from that site at least 3 times? Grow the fuck up.
Also, I'm "on these forums" because it's a free country BITCH! Ever think of that?

Javeline4 says:

Lmao, you guys made my day.

SpaceDroid says:

Lmfao @reagandeeznutz owned by david. Hey deeznutz man up dont cry like a b!tch..lmao

Landon1983 says:

He was getting owned all over this post today.

DavidJ726 says:

I'm not naive, and I know what kids see, and are involved in... but that doesn't necessarily mean it's right.

But you're apparently missing the point, the issue is what's appropriate; Taking a phone out if it's packaging, playing with, and then selling it as "new" is simply wrong, for all you know, it also could have been dropped while they were jacking around with it. From what I can see, 99% of the responses here would agree with that position.

As far as the picture and the obscene gesture, what else would be acceptable by YOU? Where do YOU draw the line? Topless apparently is fine, what about a graphic pornographic picture, does that meet your standards? What about a picture of someone shooting up? would you laugh that off also, or is it alright to complain about that?

What you seem to be implying by the "Man up" comment, is that your "character" and sense of what's offensive, is the standard that others should accept as to what is or is not offensive.

lol... Thanks, but I'll take my sense of reality over yours any day of the week.

Reagandee ... its painful reading your posts you're so goddamn dumb ... he's not getting "in a twist" over the picture as much as the principal of the situation that is BUYING SOMETHING THATS SUPPOSED TO BE NEW BUT IS ACTUALLY USED! GET YOUR HEAD OUTTA YOUR ASS!

slayerpsp says:

500 dollar phone and people have already messed with it are you kidding me you must be someone who does this then if it doesn't brother you.The phone is now used by law you cant sell as new in the state of CA

SpaceDroid says:

Are your parents as dumb as you?
replying to reagandee not anyone else

Lmao @ front page headline. I read this last night after getting my ET at Best Buy. Glad it was handled PROFESSIONALLY.

BTW, can we please just call it the ET. You know like ET Phone Home. ET from another Galaxy. Etc...seems poetically justified.

dw astor says:

Was thinking the same exact thing. That long name just don't sit with me well. Epic Touch sounds great.

I would laugh my ass off, but in this guys defense I would also be kind of pissed that someone had already opened up my phone and toyed with it. I want to be the one to handle it first.

Full disclosure: I'm a Best Buy employee.

And I think this person was right to complain. And deserved compensation.

If I found my new phone had photos on it, I wouldn't be bothered by the photo as much (at least the photo here), but just that I was expecting something brand new in the box that was obviously handled by someone else. And, most of all, any store I shop at, I expect a level of professionalism. As an employee, I expect my peers to behave at that level or above.

It's disappointing when I see things like this happen, because people talk about and remember the bad, and very often the good goes unnoticed or ignored. I'm very glad the store made some restitution, and thank you, Android Central, for posting the follow-up.

But yeah, I'm on the side of the consumer on this one. I hope his new phone turns into a much better experience for him.

oo7jbondistm says:

Let it be a lesson don't buy your equipment from an authroized reseller buy it from a coorperate store. See stuff like this all the time from local best buys targets radio shacks and other authroized agents. You get what you pay for.

lol. Methinks someone has no idea what goes on in corp stores as well.

Just to let you know, the guy that sold me my ET last night at BB...great customer service and I remember you folks out there busting your ass doing a job and doing it well reguardless of stigma. Play on player.

mr.wizard says:

As harmless as some photos may be, you would expect better from a big box store like BB. I don't think this person (remii) was crying or throwing a tantrum, just expecting a "new" item to be new. That's what a display model is for, and I'm surprised they don't even have one. But, at least this BB has the phone. I had to inform my local best buy about it's release, and they still haven't got it in yet :/

gary keels says:

The fact that it won't charge pass 70% says they may have done more than "played with it". I think he should have gotten more.

theduce102 says:

I was gonna go to best buy mobile (as I always have for smartphones) but now I dont know. how do I know they havent opened the box to any phone before I even decide to buy it? This is messed up. I would raise hell

Anon_Emus says:

I won't go into all of the details but suffice it to say that I had a crappy experience with Best Buy customer service in one of their phone stores. They wanted to send my wifes phone off for 2+ weeks for an obvious manufacturing defect rather than replace it. The salesperson (manager Lmao) was a worthless piece of $#!?. Took it to VZW and they replaced it in 5 min. I will NEVER buy another phone from Worst Buy. Good for him for getting what he paid for!

cass_m says:

I totally agree with what this guy did and am glad that he spoke with a second manager. He purchased a new phone and he should get a new phone. I purchase a new camera and found pictures on it (someone's xmas pics!) so I returned to the store. I said they could give me a discount since the device was not new or they could exchange it. They chose to exchange it.

Insipidatheist and RegeanDee - I'll take that $$ you're willing to write off ;)

peruboy63 says:

What if he does open box videos...he would have been screwed! Jk I would be upset only if BB didn't make it right. Damn thing doesn't charge now!

planoman says:

Kinda scary the employees do not know how to delete a picture...and they are advising on new phone purchases..LOL! Seriously, I have purchased phones from Best Buy Mobile and I like their service and policies. Glad to hear the manager is making things right!

What I would be mad about is not the picture, it would be the fact that someone played with my "new" phone. If its new it is ment to be unopened in the box, I don't want a bunch of other peoples greasy hands all over my phone!

jhilker says:

I had the same thing happen to me when I got my 3D from Radio Shack. Nothing vulgar but 3D pictures and videos, including one with a customer! If they want to play with it, they should have a working display model in the store.

Jubz says:

I find this disgusting, that store employees would treat new consumer products without any respect to the store/employer or its customers. Besides, do the employees think it's cool take a photo of someone giving a middle finger? How adolescent. And I would wonder about their IQ points and other questionable work-related attitudes/behaviors. "You can't fix stupid." If I were Human Resources for Best Buy, I'd given these employees formal written disciplines. If it was my business, I'd fire these employees for unprofessional conduct; I wouldn't trust them as employees of which I'm paying their salaries and any benefits. Plus, I wouldn't want the bad PR from knucklehead employees who don't have my business's best interest in mind, and surely wouldn't want my business to be highlighted on AndroidCentral.com in such an embarrassing light.

During tough economic times when retail margins are low and consumers aren't buying, placing high efforts into customer service is a must in order to maintain loyalty/repeat business with a retailer. Otherwise folks just bottom-price it and go through Amazon.com or Costco, which might be one of the reasons why Best Buy has not been doing well.

It's not a matter of throwing a tantrum per the first poster, it's more of a matter of reciprocal respect of people's time and monies.

intheb0x says:

@jduz.

great post, i completely agree 100%.

I would fire these employees.
While that sounds "harsh" in this climate and economy. The lines for those jobs would be around the building and around the block.
There would be people applying for that position that would be 100x more professional and the last thought on their minds would be to screw around at work.

This is the problem with americans and our jobs. We expect and assume we can act like this with nothing at risk,

these are the same people who demand benefits, seniority type behavior and "extras" along with leaving early on fridays because "its just what you do"

i got a news flash, the work force and climate is changing, and this type of expectations and behavior is being eliminated through firing or tight budgets.

If you get to leave work early on fridays APPRECIATE it, because many of us have to stay to the very last minuet while having to be professional all 8-10 hours a day or we could and are at risk of being fired every day. esp in the private sector.

some people just dont realize how good they have it.

darb says:

Im surprised that their is so many sissies on here.
1. That is more amusing than anything else if your offended you seriously need your man card revoked, that's just funny. Man up twinkle toes its a picture.
2. There is no way they "screwed" the phone up to not charge past 70% by using it. Unless they rooted the phone and stuck a crappy Rom or kernel on it, that possibly could happen.... you just got a defective one.
3. do you think other "new" phones aren't opened or messed with before hand at every other phone retail store in the country? seriously?! the people that sell them check out the phones all the time I know alot of people in the cell business, it happens deal with it thats like wanting a new car nobody has sat in ever.

Landon1983 says:

Except sissy refers to the content of the picture. No one really cares about the content rather the fact that it was opened and messed with beforehand. If you don't care about that kind of stuff that's cool w/e. Let me take a bite of your food before you buy it though. Or let me use your bar of soap because I just want to test it out. It has nothing to do with being a sissy bro.

S1LENT says:

I completely agree with DARB. If we have a new phone and won't open it to show the customer (who ends up not even buying half the time) they start bitching to our manager and get us in trouble. If we open it then another guy who actually wants to buy it starts bitching because we opened it. Either way we are f...ed.

UndeadNexus says:

This happened in Riverside? I was gonna apply there but after seeing this, forget it!!

Please apply, Nexus! We obviously need some better employee influence there.

Tyndall says:

New is new. there is no excuse for what those techs did. that's a training problem and as much the manager's fault as the techs did.

planoman says:

I am sure they have been trained not to play with the new stuff. The manager cannot control the free will of employees. They can only take action after learning information. Seems like the manager is making things right for this customer. Do not indict an entire chain of stores or industry for the actions of a few. As I have said, all of my experiences (2) with Best Buy Mobile in Plano Texas have been superb!

Mr.Slave says:

This is the kind of behavior you get when there is an all electronic hiring process and hardly any human decision. These online "personality" tests are killing qualified applicants and hiring the average(below in my eyes) person. Who the fuck wants an "average" person working for them?

Jubz says:

Totally agree with you. With such a current high unemployment rate, there is a larger than ever selection pool of promising employees who "go above and beyond" as opposed to "just enough" or worse, have an entitled attitude and are knuckleheads.

bmosley says:

Just continues to show off Best Buy's lack of professionalism. Not the end of the world but glad the manager could help out a bit. The employees (both) should be fired for this for the company's well-being. Because this could have been some kinda lawsuit if it happened to the right person.

Anyways, geek squad at Best Buy are a joke around most of the tech community anyways so nothing new I guess.

That being said, had a good laugh on this though :)

slayerpsp says:

class action law suit time. Gamestop pulls this crap the game is open because its the last one bs they cant sell it as new there are laws against this kind of crap. I would not accept the phone would have made them give me a new one

Gekko says:

i'm more offended by that bad tattoo.

hugapunk#AC says:

I'm a best buy mobile employee in Indiana. We got two ET's yesterday. You have no idea how badly I wanted to open it and "test" it out, but our policy is, if we don't get a demo unit, the battery doesn't go into the device until a customer buys it, and the plastic doesn't come off. So basically the only time I'll get to see it is by going into my buddies sprint store, buying it myself for full retail, or by activating and watching the customer play with it.

Don't get it twisted. Just because a couple dumb-asses in Cali decided it was okay to open, what basically is a customers future property, doesn't mean we are all like that. It sounds like that best buy mobile is poorly managed. Otherwise the first manager that was notified of the mishandling of the product would have made things right for remii, and would've instantly taken action against said dumb-asses.

Just because you get a bad waiter at one of your favorite restaurants, doesn't mean you never go back, or that you never eat at that restaurant anywhere else. It means you tell the manager, send an email to corporate, and wait for them to dually compensate you for your bad experience.

I know if it would've happened at my store, any manager, mobile or otherwise, would've jumped through brick walls to get the customer a different device and make things right. It sounds like the mobile manager didn't want to exchange the device because of how it would affect their numbers, instead, he/she should've put the consumer first and offered to obtain a new ET from a sister store like the second manager offered.

hugapunk#AC says:

Oh yeah, almost forgot.

Riverside. Store 110(If I'm not mistaken), get your crap together. Seriously. No more excuses from trolls or like minded dumb-asses who think it's okay to open property that isn't yours.

RandolphF says:

It's against the law in most states to sell used product as new. I believe (but check with a lawyer) that in California it's an actual misdemeanor offense (crime) and punishable by a jail term of up to six months, or $2500 fine. No wonder the second manager went out of her way to set matters right!

planoman says:

Well said hugapunk! Do not let everyone who is painting with a broad brush affect how you do your job! Keep up the good work!

sallykoinu says:

Just puttng I out there, that guy probably didn't want his picture taken in the first place, he's more than likely flipping off the dork photographing him. Why reprimand someone for that? Or would you not do something similar if a coworker just wouldn't stop?

Ninjak says:

Lol that's funny. But yeah basically your phone was a lemon. If you truly believe a chain like BB will not open something and look at it and sell it to you "new" then well....I do not know what to tell you.

I went to the SPRINT store that open at 10, was there at 5 till, and was the first one in that store to get mines. Also when he got the box, I was like, "I'll take it from here" Phone was still in the plastic, seal unbroken. That's how you know its new.

FL0OD says:

$25 dollar gift card? I would have spent more of my time having to drive back and fourth than that. I would have demanded the district managers number then threatened to go to the local news. If the item was being sold as Used that's one thing but for them to Repackage a item and sell it as new, that's fraud not just a simple mistake. I would have demanded a free phone since I was fraudulently solid a used unit as new. Our they could always take it out of that guys pay check. Maybe he wouldn't think that was so funny next time. I have been in retail sales for over ten years. You don't do stuff like this. If your job its that boring MCDonalds can keep you busy your whole shift.

isseyphresh says:

Kinda sucks, but really not that big of a deal as far as I'm concerned. The phone not functioning properly seems to be the most important issue. It is clearly not bb policy for new electronic devices to be opened and fiddled with before purchase of said item. No matter what there will always be employees who don't follow rules like they should who slip through the cracks.

malockin says:

I'd say they actually voided the warranty on that device, and that the customer should either get the extended warranty for free, or better yet - an unopened one!

The ones that have been opened are "show floor" devices, and should only be sold as such.

I feel the same way, when I buy something new i want to be the one to open it. For that reason I don't buy games from Gamestop, hate the way they pull the game out of a sleeve and then put it in the case when you purchase it.

IP IHI II IL says:

Don't let that go, remii!!

My Fiancee has made Best Buy her B#@%H because of all of the recent problems we've had. Due to employee attitudes, lack of following their own return policy, and her own persistence, we got my Photon, a Defender case, a microwave, and a coke for free, and it's not over! I still have a $50 gift card comin' my way and $20 on the original $90 card they sent me for my Mo-Pho problems! (not with the phone, with Best Buy)

Call their Customer Service, and work your way up, you too can end up with a free phone! (and maybe a microwave!)

DWR_31 says:

I like the fact that this person took the time to send this pic to AndroidCentral.
I would have personally made a video of me finding these pics on *new* phone and posted it to Youtube, while sending a nice email w/ attachment to the corporate office explaining how YouTube was too hard to pass up.

usmc176 says:

Stop being a pussy and quit whining. Were you seriously that offended? Sounds like you were more upset they didn't offer you something free from the beginning.

infg3570 says:

Seems to me that you'd actually be the p*ssy, seeing that you'd prefer to bite your lip as they stick it to you whilst you're grabbing your own ankles... The situation that's offensive/reprehensible is the fact that his product that he purchased with his hard earned money was USED AND PASSED AS NEW!!!!

Go ahead to the same Best Buy and post how you got screwed so that we can laugh with (not at) you...

mike340t says:

Years back when digital cameras where just popping up everywhere and not many people owned one, I bought one from a "Nobody Beats the Wiz" store in NYC to find my "brand new" camera had been used, had the batteries and memory card still in them as well. They acted like it was ok and was rude when I asked for FULL REFUND! I was so pissed, I got my "full refund" and I never shopped there again. BUT!! I came back when they was going out of business to lmao as the same rude employees was still there!!

DuncanBishop says:

I would have been pissed,and asked for the district manager's address,phone number. I would have called corporate and explained myself (calmly)..that this is unacceptable for any customer to have this appear on a "newly bought item"..and I think they would agree. I also would have told them about that first manager's very uncaring response..to this problem, He would not represent my business.

wcramernc says:

3 words: BEST BUY SUCKS

jcastag says:

What about if you bought this phone for your son or daughter and didn't see the picture before you gave the phone to your child? Would you still not see a problem with it?

Bottom line is the phone was supposed to be brand new in the box!

GivenToFly says:

That's actually kind of silly. How young would that kid have to be to be suprised or offended by someone flipping off the photographer. Are you really buying this high end of phone for someone that young?

Once again, it seems that people aren't reading the whole thing. It's not about the content of the picture, but the fact that some employees took it upon themselves to open up and play with a new device, then re-package it, and pass it off as new to a customer. And that IS a big deal. That is essentially LYING TO THE CUSTOMER. Whatever the state by state legal issues are, it is still wrong, and the phone should most definately be swapped out with a new one.

It's very much like the food analogies above. For all those that think he is whining about this. If you went to a restaurant, and the waiter took a bite of you food to "see how it tasted", you'd be pretty pissed off and probably demand a new plate of food.

It's flat out illegal to sell an open box item as new. It doesn't matter whether the item was out as a demo for the public or for a single employee. I just wonder whether they put the phone back in stock and did it again.

vinny jr says:

Any knucklehead that is dumb enough to leave a photo like that on a customers new phone isn't the kind of guy I would want using my new phone before I had ownership of it. This clown could have done any number of things that could fuck it up. I would have never left the store with it if I saw the phone had been opened. I am very anal like that, I tell any tech selling me a new phone that I want to crack the seal on the box. This way I know the phone had not been fucked with. I don't care if it was the last device, if I am paying for a new phone I want it sealed in an unopened box. Good Luck.
PS That employee should be fired.

bulvine420 says:

I have worked retail and i must say i hate people like you and anyone who agrees with your actions.The employee makes almost no money at all and you are probably going to get him fired.The phone was still new if there was a problem with the phone yes complain but no it was perfect im sure.Sometimes you need to step back and look at the big picture was this really worth ruining someones day you went as far as trying to find out the employees name to make sure that he got punished shame on you there is a word for people like you DOUCHE!!!!

olorin says:

You're an idiot. Tell me where you work so I can avoid it. If you do something this stupid, you don't really value your job anyway.

If he valued his job he shouldn't have opened new merchandise and messed around with it. The customer didn't get the guy fired (if he was), the guy got himself fired.

I mean honestly, are you KIDDING me? Siding with j***off employees who break open new merchandise to "test" it and then pass it off as new? The guy had every right to be pissed that he was sold a new phone that had been opened, used, and then repackaged as new.

And yes, he absolutely should have gotten his name. Hopefully the guy gets reprimanded and learns that you can't dick around on the job and expect there to be no consequences. Good money says that if he's not fired he won't be doing this again.

PhilR8 says:

When you work retail, it's not about you. It's about the customer. Don't like it? Go to trade school.

mike31082 says:

Just because he makes little money is no excuse for opening up products and demoing them. That's not part of their job. Most honest business will offer a discount on a product if it's been opened to be demoed, or used as a floor model. The fact that they put the phone back in the package and tried to sell it as new is illegal. People are so hypocritical and a douche if they think their job in retail gives them the right open merchandise and play with it before it is sold to customers. There their to work, not play. If this guy really wanted to play with one I'm sure the store already had floor/demo model, there was no need to go and open a retail unit to play with and then put it back and sell it as new.

HalizDad says:

Just to point this out, "Victor" or whatever his name is might not have played with the phone at all...It was douche behind the camera that was fucking with it.

You've gotta be kidding me.

I work retail in a similar store in Canada. If anyone within one of our stores did something remotely like this, we'd fully expect to be reprimanded somehow, if not fired shortly thereafter. Why? Because for one, taking such a photo is stupid enough (forgetting to erase it is even more stupid). That's like asking to be caught with a problem. And for two, when it comes to our phones, while we don't have live demo units to play with, we do have dummies, and we have online training that familiarizes us with the device without really having to physically play with it. So the situation SHOULDN'T HAPPEN IN THE FIRST PLACE! If I was that employee (maybe not the one in the photo, but the one who was playing with the phone), I would fully expect to be reprimanded somehow (up to and possibly including termination IF THIS IS HAPPENS TOO OFTEN!). The guys have no excuse, patience would be better exercised in this case. Heck, if I really want to play with it, then I wait for a friend to get it.

GivenToFly says:

So you are saying it's ok to play with property that doesn't belong to you? Why should the employees not be held accountable for their actions? I used to work for Best Buy a long time ago, and it was POLICY to not open merchandise unless the purchasing customer asked us specifically to. If we opened up an item (for example to show a customer a part) but the customer decided not to purchase it, the next time we went to sell that to a new customer as "new" we would at least explain that the box was opened to show another customer, and would give the option to instead get an un-opened box.

Bottom line, working for a company like best buy, you know the rules, and if you break them, you should be held accountable. I'm not saying that they should be fired over this, but the most certainly should be written up, and given a warning.

EVO 3D RULES...

squiddy20 says:

Go die Dick. This is obviously an Epic Touch article only. No one gives a sh*t about your stupid Evo 3D.

Go lick a elephants butt Mr. squiddy20 it's too bad they allow you in these forums with the adults give your moms computer a rest for a change...YOU DO NOT BELONG HERE IN THESE FORUMS ...One day very soon you will realize this...GET LOST WHILE YOU CAN MR. SQUIDDY20...

squiddy20 says:

Yeah, realllll mature there Dick. Could you possibly be any more childish? As I have said before, I am 20 years old, and therefore, legally an adult. Get that through your tiny thick head.

mike31082 says:

I'd be pretty pissed too if I was sold an item marked as new, and someone else opened and used it before me. He should have insisted on a new replacement phone, or threaten to file a complaint with the attorney general & rant on youtube.

Mike77 says:

All the guy was doing is simulating what Samsung is going to do when you expect bug fixes and android updates. Call him a prognosticator.

planoman says:

That is pretty funny!

GivenToFly says:

He was simply demonstrating Samsungs response to "When will we receive an update?"

*although I still agree they shouldn't have played with a phone that didn't belong to them. I just thought that was a funny statement by Mike77

rovex says:

Well as an owner of a Euro SGS2 i can tell you that my phone has received a few updates already. In the US the issue is the retarded networks, not the phone manufacturer.

dan4patriots says:

whats funny is i actually think i know this guy

Collusive says:

As A former Best Buy employee, it was very normal to open new products just to see it and experience it first. Said product would then either be put on display, or sold as new. We would always try to remove any fingerprints if possible(I used to work in the camera dept), and then put the product back in the box, put a sticker on the opening of the product that says "If opened you must pay 15% restocking fee" then it would be sold as new with the rest of the products.

JFetch says:

If you are buying something that is being sold as "new", it should be unopened, and untested. What if this Best Buy employee dropped it? Do you think he'll tell someone, or just throw it back in the box? This is the same kind of behavior that Gamestop does. They allow their employees to take home games and play them, then sell the discs as new. I don't know about you, but I love getting "new" items with scratches on them.

TBolt says:

I would get a new phone, but only after I published the photo - without the stupid smiley face - on the Net. The man could've become an Internet legend. hehe

olorin says:

I've had so many problems with Best Buy that I stopped shopping with them (the Federal Way Wa store had terrible service issues... it's been that way for 10 years).

To the people who think this is normal: my equipment typically arrives sealed... stop comparing your back-alley ebay experience to a major retail chain.

shanerg says:

In all of these post I have only seen one person mention the fact that the guy in the picture could have been an innocent bystander just flipping off his friend who was trying to take his picture. More than likely the guy in the picture will be the one reprimanded while the the person who actually took the picture won't.

GivenToFly says:

This is very true. The one who's picture is being taken could have had no idea that the phone didn't belong to the photographer. It is unreasonable to expect that someone should have to ask "Wait, is that your phone?" before being in a picture.

What will probably happen is that guy will be the one approached by management (maybe, if they care) and be forced under diciplinary action to tell them who actually took the picture. Unless he doesn't rat out the photographer, or the photographer then throws him under the bus too, he will be fine. It looks like they are in a back office, not on the sales floor, so they can't write him up for flipping anybody off, especially if he didn't want to be in that picture.

**EDIT** actually he could get in trouble with HR if the photographer complains about getting flipped off by that employee.

dacp283 says:

You juvenile individuals claiming that man cards should be taken away etc for being angered are chumps. Those that actually make efforts to change low class behavior like this are the ones who have the spines. I remember when quality was paramount in business and its low standard individuals that ruined it. Accepting subpar customer service and products means you are contributing its acceptance as commonplace. You think this was funny? Really? Its immature and low class. Its a direct reflection of character.

PingaDulce says:

What a bunch of crying little bitches. Does that mean when you go buy a new car, if you can afford one first of all, you go pick it up yourself at the assembly plant because you will cry like a little bitch when you see 4 miles on the odometer at the dealership? I guess if the salesman took you out for a test drive, you would be filing a class action suit for him using your brand new car? Nerds are really something.

cacherpaderp says:

You apparently didn't read it carefully. He tried to brush it all off, but the fact that the device would not charge made their tampering with the device a big issue. Idiots are really something.

GivenToFly says:

There's a definate difference here. You EXPECT a new car to have some miles on it. Due to transport, dealer swapping, etc. Anyone who expects to get a car with 0 miles on it is just plain dumb. How do you cheaply transport a car short distances? You drive it!!! There are mileage threshold laws in most states regarding how many miles a vehicle can have on it before it has to be sold as used. Most smart people know that.

With consumer electronics, new is new. Of course there is the expectation that your purchase of a NEW device will mean that it will be sold to you still sealed, and un-opened. Any device that has previously been opened, and played with should be sold as an opened product.

It is not new if someone has opened it, bypassed all the activation screens, and used the camera to take pictures.

r-nice says:

I would've deleted the pictures and went on with life.

cacherpaderp says:

That was the initial plan until we realized that the phone would not charge.

FUNWTHGOATS says:

1. have them get me one that works
2. Get a case/screen cover out of it (if you need that one up)
3. Transfer picture to working device and make that your wallpaper

Then be happy you got new device with comical story.

Lee_R3D says:

Minus all the bitching from the first group of comments, bottom line is it wasn't professional. If you want something new and you pay for it you probably expect it to be new and not have a picture of someone flipping you off on it. If you don't care, then don't. And especially don't care when someone else does.

BAleR says:

All I know is, if this went to some lady's 12 year old daughter and they took it home and the kid saw it, then it would be all over the news and they would prolly get sued.

IS it just me or do a lot of Android USers and phans on numerous sites live in my Area the Inland Empire or So. Cal? I saw a post about Rancho Cucamonga not to long ago. And now this one about Riverside and numerous individuals comments as well. Just a hunch lol. Well represent that 909, 951, (i guess i can be nice and include that OC 714, and LA and Pasadena 323, 310, 626 areas (=

anlygi says:

It's kind of funny, but if it was me I would be pretty annoyed. I refuse to buy games from any store that can't provide me with a sealed copy, would be the same with a phone unless it was opened in front of me. I am not a geek, it us my choice as a consumer to take my money elsewhere.

To the person who used the new car analogy, it's not a fair comparison. One would expect a car to come with delivery miles on it, it has to be driven off the line and loaded onto a transporter, a phone does not. There is no justifiable reason for a retail worker opening it, let alone testing the camera...

intheb0x says:

this really isnt funny.

when i extend my contract for two years or pay 499+ dollars for a phone off contract i want it BRAND NEW never used, never turned on, never touched.

thats like buying a plasma or LCD tv, when its the DISPLAY model that has been fondled beyond belief you get a deal on it for this reason.

As for best buy, i thought they had a NO visible tattoo policy?
it looks trashy and makes the person look questionable when their tattoos out when they are supposed to be "professional"

intheb0x says:

Same goes with a brand new car, most of the time they take you out in a DEMO car unit, then if u like it u order it the way u want it or pick a new one off the lot with 0-15 miles on it.

if you were to buy the demo unit it would be sold as a demo unit or a used car.

this isnt funny at all and if your fine with buying something played with then sold to u as brand new never used then be my guest and buy this crap.

this is unacceptable, and shows u how un professional BB is (exposed tattoos, selling used items as NEW)

It's not the content of the picture, it's the fact that they sold a used phone as new. All the people that don't care about items being used and sold as new, I've got a "new" laptop for sale on Craigslist.

Some of you say, 'Don't think it doesn't happen at other places'. I've worked retail and I know how things are treated, but that doesn't make it right... If you don't stand up for your rights, you lose them, so, damn straight I'm returning a phone that has been opened. And yes, I would laugh about it before I returned it, but I'm not keeping it either.

kniven says:

Give me a break! Come on dude...

Flak1969 says:

LoL I can't believe someone had a problem with this, it seems like just a excuse to get something for nothing. I sure hope you did not get anyone fired from their job for taking a picture. Booting a phone and taking a picture did not hurt the phone. I bought a laptop and found out that Best Buy started the computer and made recovery DVDs in advance to me purchasing, does that make the laptop used?

Just my 2 cents

fratch73 says:

what a douche would it also be ok if you found out they installed a keylogger or a way to remotely access your webcam. new means new simple as that. who knows what else this shmuck did with it just for fun maybe he rubbed his balls on it. Is that still ok

yes...they don't need to be opening retail boxes for any reason. That is the exact reason I don't shop at Best Buy anymore...they open them up and do things you can do perfectly well yourself, then tack on 50 bucks for 'optimizing'. Who's to say some random dude in geek squad didnt put a keylogger in there for kicks?

Rob White says:

Where is Phil with the ban hammer? Some of these comments easily cross the line. I seem to remember him getting all bent out of shape over a contest give away a few weeks ago. What is the hold up here?

flimsy888 says:

It's like going to McDonalds, finding that your hamburger half eaten only for the manager to say..."well sometimes our fry cooks like to try out our new burgers" ;)

scurlockst says:

You know its exactly like that...yeah, no.

Analog says:

If only all of our lives could be so free of problems that we could find something like this worth hours of our time, hundreds and hundreds of our words, and a presumably days-long hissy fit. Insaaaaane.

Bla1ze says:

I'm only left to question who got reprimanded. I mean sure, the guy flipping the bird was there but to me -- it don't look like he was the one playing with the device. What of the mystery man taking the shot and obviously not erasing it?

AnimalPOP says:

I have worked in retail for 15 years. The fact that employees screwed around with the device in that manner is unacceptable from a corporate point of view. It DOES happen. Both of the employees, bird man and camera operator should be written up for their conduct.

I happen to live close enough to Best Buy's headquarters that I may have give their immediately after the first manager blew off the situation. (there is a certain game to retail and getting things you want) Had the first manager taken care of the issue the first time, we wouldn't be hearing about it here.

dancing-bass says:

If I drop my hard earned money on a new device (smartphone, computer, camera, whatever) I expect that when its in my hands that it is brand new (not previously used or handled). I would be just as upset if there was a picture of a cute puppy or if the picture was of somebody flipping the bird. If the response was like the first manager believe me I'd escalate matters pretty quick. I'd talk to the Store Manager (not just the manager on duty) and track down the Area Manager as well. If it was handled like the second manager, that would go a long way in keeping me happy. ESPECIALLY if the device did not work properly in addition to being used and sold as new

And from the manager's point of view I'd exchange the product, throw in a gift card, stand on my head, pretty much whatever I could to make sure that customer was happy, the situation was resolved to their satisfaction, and that they would return again. I would also discipline the employee in the photo as well as the employee who took the picture. Suspension without pay at minimum, termination at max, and possibly charge them the cost of the phone. Over the top? Maybe. I may not know a lot about smartphones (esp Android devices) but I do know it doesn't take a lot to loose a customer after an experience like Remii's. It takes a LOT to keep one coming back, but if it's handled properly it's do-able. All it takes is some common sense.

Versed says:

Several years back I bought an unlocked Nokia E71 from Best Buy and the box was open, I said, why? Similar answer, we check them to see if all the stuff is in the box, if it turns on, yadda, yadda yadda. I told them I want a sealed box, they looked at me funny, then went in the back and got it.

For whatever reason the box was open is not the point, I want sealed. Sure if it was opened in front of me to set the battery and get it up and running before leaving the store is one thing, thats done in corporate stores when you buy a phone. But, yes the box is unsealed in front of you.

To be honest, I used BB for upgrades after this and never had a problem and saved some money too.

rovex says:

New products are sealed for a reason. There is NO reason to open a box, just to 'have a play'. The device is no longer new, and that is how it is under the law.

scurlockst says:

Not trying to be a dick or anything. But can you show me that law? I'm guessing you can't but feel free to prove me wrong.

danyzfr6 says:

I hope they don't fire the flip off guy over this. It was inappropriate, if not funny, but doesn't deserve firing over. Maybe they should have don't-open-store-merchandise training. In any case, I'd be more concerned about the behavior of the dismissive manger. This was obviously the store's fault for selling an open-box item as new, and the manager should have replaced his phone with a brand new one immediately.

dchawk81 says:

Maybe the dismissive manager was the picture-taker, defending his own bad behavior.

NCX says:

This is similar to GameStop when you get new games that are opened.
they tell you that there open to prevent theft when in fact that is true but as a bonus to there employees, they can "rent" the games as there still on the shelves to take home, and there still sold off as new.

I think the states need to crack down on whats sold as new should be new/sealed regardless if they have motives or reasoning behind it.

scurlockst says:

I personally feel that going back and crying to not one but two managers about someone touching his phone before him and leaving a pic of someone flipping the bird was something my little sister would do. If the phone wasn't charging then that was probably a defect and guess what? You can take the phone back to Best Buy and swap it out for a new one without being a snitch. I got my Epic Touch on Friday and had several Best Buy Mobile guys standing around and seeing how fast the phone was, flipping through the home screens and what not. Did I run off and cry to the manager about it? The answer to that question is no. Next time relax, life is too short to spend it whining about everything that doesn't go as planned.

Analog says:

Hell, *my* little sister would have just laughed...

S1LENT says:

I work for a national cell retailer. If we have a new phone and won't open it to show the customer (who ends up not even buying half. the time) they start bitching to our manager and get us in trouble. If we open it then another guy who actually wants to buy it starts bitching because we opened it. Either way we are f...ed. remember that next time people!

droiduser86 says:

I'm an employee at the store this happened at...if it makes you guys feel any better, both employees that were involved (the one in the picture and the one taking the picture) were terminated.

I think the reaction to the phone being opened is absurd though. I work for a sprint store and I just got finished opening up a new sgsiiet4g and it is not so I can screw around with the phone for my own enjoyment, it is mainly so I can tell customers I have used it and show them some of the new features and answer questions I otherwise would not have been able to answer if I had not seen the phone such as camera quality and how nice the display is.
What they did was stupid and we always factory reset it and wipe the sd card and internal storage if applicable. But I dont think it should be a big deal to have had your phone touched before you got it. When I sell the phone I have to activate it and transfer data anyways so I am still the first one to touch and go through the phone, so why should it make a difference if it was taken out of the wrapper a few hours earlier in exchange for the associate being armed with knowledge that can help you get into the right phone instead of just selling whats the newest.

teresue says:

I can tell you as a Best Buy Mobile employee that this behavior is out of line and wouldn't be tolerated by any manager in my area! Always seems to be a bad apple reeking havoc and certainly wasn't fair or acceptable for the unfortunate customer.