OK I'll snag your anology - as a matter of fact if you buy any product at Wal-Mart and it's defective you absolutely should return it to Wal-Mart. First, so they can refund you or get the product repaired on your behalf, and second, so they are made aware that they were given a defective product in the first place and can go back to the manufacturer directly to address the issue. If you bypass the middleman they'll never know there's a problem and they'll continue to distribute the defective product. If you go back through them then they're going ot have more leverage than you'll ever have to get the manufacturer to fix the root problem.
WRONG, 1 year manufacturer warranty that's with most electronics doesn't apply to the retailer. When my old motorola phone broke that I bought from Bell... the Bell store didn't repair / replace it, they gave me the information to go DIRECTLY to Motorola, call them up, and send it in for a replacement. The retailers PAY for those products in bulk, so for them to dish out a bunch of refunds, and not make a dime of profit, would mean Bethesda gets to keep the profits from their bulk order contract, from a bunch of games that were found defective and returned.
The retailer is not liable for the defective product,
the manufacturer is. It's what the retailers MAKE SURE OF with certain products and deals, especially when purchase millions of copies of a game in bulk, to then resell to you.
A specific retailers return policy does not alleviate the legal responsibility of the actual manufacturer.
Bethesda may not have made the full price tag in retail sales (what you paid for the game), but it's part of their contract in retail bulk orders to eat the cost if their product ends up not working. Why the hell would any retailer agree be responsible for defective products they didn't make? That means every refund is money they lose, and the manufacturer gets to
keep. The same laws put into place to protect you, the consumer, are put into place to protect large chain retailers as well.