"Brand New" (on eBay)

Drez

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?

Dehumanized

You are correct. Pursue a return.

Drez

Thank you.

Drez

I wrote: "Hi. I just now received the Phantom Hourglass you sent, but this is not 'brand new.' It is neither factory sealed nor in the original case."
Response: "They are all sealed and new, if you do not want it, you may return it.

Am I being a bit dickish if I respond with this?

"Well, I may do that, but before we go that route, can you please define what you mean by "new"? I purchased this because you listed it as "brand new," which eBay defines as follows: "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."

This doesn't appear to be in the manufacturer's sealing, so I'm just trying to understand what you mean by "sealed and new." It looks like it was put in a different case (this case is clear and larger than normal Nintendo DS cases) and shrink wrapped."

At the end of the day, I don't know what he means by "new." I assume he means the game was never played, but who knows? Is he trying to pass this off as factory sealed?

mbannick

There is a small possibility that it is a pirate cart. I would just return it for a refund. Was there a non-stock photo of the item in the auction by any chance? If so, you could possibly dispute it if the seller becomes uncoperative.

Vixx

Return it. Sometimes sellers themselves are unaware that the products they are getting from suppliers aren't "new" or "genuine".

Drez

OK thanks for the advices. I will just return it.

EggyToast

All DS games from Nintendo are in the normal DS case, and that case is shrink-wrapped. No games from Nintendo are just a game in a clear case.

Brainiac 8

Could it have been a UK version of the game? Their DS games come in clear cases that are slightly larger than regular US DS cases.

Esh

They offered you a return. Just take it and don't waste your time arguing semantics with him. You've got better things to do with your time.

Jam Warrior

EU DS cases are indeed thicker and clear. Which box art does it have? Check here:

http://www.joystiq.com/2007/08/28/europe-gets-the-good-phantom-hourglass-boxart/

If it's a euro case but US boxart then I'd definately smell a pirate rat. If it's genuinely an EU copy, then it will function just fine in your (3)DS though you might have compatibility issues for the multiplayer you will never use. Of course the seller should have listed it as an EU copy to start with. Did he? Can you link the auction?

Personally I wouldn't get fussy about shrink wrap unless it was listed as 'factory sealed' as many, many shops sell you stuff that has been opened and call it brand new, but then EBay's official definition seems to back you up there if you want to press the point.

MushroomStick

If the guy has a physical store somewhere, its not that unusual to open a game and keep it stored somewhere safe, while the case is put on display out on the shelf.