Sorry, but if you walked out of the store with a Nintendo box and return later that day, or days later, with a box of rocks, I would be hard-pressed to believe you walked out of the store with a box of rocks.
Indeed,
caveat emptor, but aren't there laws protecting the consumer in place over there? -to me this seems like a pretty clear case of going back to the shop and getting a new box and an apology.
Caveat emptor doesn't apply for a couple of reasons. First, it's a real estate concept, not a consumer product concept despite the fact the fact that it's been wrongly associated with sales of non-real goods for a good century now.
Second, the consumer has a legal expectation that what they paid for is what they got. They also have the expectation of merchantability, that is, that said product functions as it is intended for the purpose it was designed. The fact is, despite any disclaimer of a store not having a return policy, these basic principles always apply. It is unreasonable to expect a consumer to open a sealed electronics device in a store to make sure that the product is as described n the packing and receipt (although it probably wouldn't be a bad idea). In any retail store, the consumer automatically has the reasonable expectation that what it says on the box is what they are taking home.
I understand the argument of putting yourself in the store's position. It is tricky and how would they know that the consumer isn't trying to screw them. The short answer is that they don't. But that's a problem that Wal Mart and a lot of other retailers have in that they pay dog shit wages and employ the lowest common denominator which is exactly why shit like this happens. Honestly, Wal Mart should expect that one of their LCD employees screwed up and automatically assume the consumer didn't make it up and isn't trying to pull a fast one.
That should be their default position and for the most part, at the corporate level it, is from what I can tell. If you ever have a problem that the local Wal Mart store manager won't solve for you simply call the home office in Bentonville, AR and it will be solved immediately. I've had issues in the past that store managers have refused to fix for me but when I called Bentonville, they immediately conceded to my demands.
But seriously, this is exactly why I say
always use a credit card.
BTW:
The general rule for fraud is that if you say you are selling me a Nintendo and I get a box of rocks, I can sue your ass.
No, not really. The general rule for fraud is that there has to be intent and foreknowledge by the allegedly fraudulent party to defraud. There's no evidence here that Wal Mart's intention was to defraud the customer or that they knew that the box was full of rocks. Wal Mart acted in good faith when the transaction took place just as the consumer did. This is what's called a material mistake, nothing more.