Many stores will display an empty box - but you have a right to a sealed box. Ask them to sell you a sealed box and not the one they used for display.
The box itself says it is not to be sold if the seal is broken. Technically, they're violating they law if they sell it unsealed - but I don't think that's a legal obligation that carries any penalty...
For an example of what I mean, look on the box to GW:EN or Factions (the two on my desk, so I am sure its there on them), a little white bordered box on the back at the bottom right just above the bar code. It says this:
Quote:
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Important: Not valid for purchase if opened. Not valid for resale by prior owner. Acceptance of certain agreements is required. Players are responsible for all applicable Internet fees. Children under the age of 13 are not permitted to play
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Note the part I've bolded. I know in the book trade a book seller can get in trouble if they sell a book that has had the cover torn off. This relates to a contract often arraigned between publishers and distributers over how to handle overstock (if I remember it right). I think they're supposed to rip off the cover and send back the books for recycling.
For software, I suspect they could also get into trouble for selling opened boxes. This probably relates to efforts to monitor fraud and software piracy - in the 90s at least one if not two of the local shops here in San Francisco would open software and copy the disks, then sell you the copies rather than the originals (one were I know this from something I bought, one where I suspected it).
So, if they insist on selling you opened boxes, send in a note to Anet about it, and you might see a change, though it will take time for industry wheels to turn on the issue and the change you see might be your local store going out of business...