Breaking the Seal

Am I the only one with this as one of my pet peeves?

So am at Gamestop, and this past Tuesday a game came out called "Nobunaga's Ambitions: Rise to Power." I buy it new, of course, and when I get home and already take it out of the bag I see that its in the display case that they use on the shelf. They had the game disc its self in a small case and when I bought it they just transferred it. The thing that I HATE is that they ('they', being the store) break the official seal of the game and tell me that the game is still brand new and that I still have to pay the new price.

To me I feel that if the seal on the case it automatically broken and taken off the case than that makes it a used game no matter what. I know for a fact that if I bought a new, seals and wrapped game and opened it, but never touched the disc I would be able to get my money refund back because to them it used. That just mt two cent.