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So, I recently purchased a "brand new" Phantom Hourglass (for Nintendo DS) from eBay. After I got my 3DS, I went on kind of a hunt/binge on some older NDS games I never had a chance to collect, and Phantom Hourglass was one of them.
I've had great luck. The last 10 or so games I purchased via eBay have all been brand new, factory sealed.
This one, however, game shrink wrapped and in a clear plastic case. With the cover (and I assume manual and game) but clearly it isn't in its factory seal OR packaging. From what I recall, Phantom Hourglass was in a black case just like almost every other title.
Now, nowhere in the item listing does the seller list the item as being in a different case or shrink wrap, but neither does the seller list the item as being factory sealed. My understanding is that "brand new" means "factory sealed" unless the listing specifies otherwise.
I'm about to contact the seller and return this but before I do I wanted to make sure I'm not incorrect about this. Ebay's definition of "brand new" is thus:
"An item that has never been opened or removed from the manufacturer's sealing (if applicable). Item is in original shrink wrap (if applicable). See the seller's listing for full details."
The way I interpret that is that if a piece of merchandise normally comes in factory wrap (games do, books normally do not), then that is brand new and anything else (such as a re-wrapping) is not.
Am I incorrect?