Items are claimed to be new, but in the listing I can clearly see its unsealed?

[zaro8609]

Ive been hunting around for some headphones and I'm noticing that there will be an item that's declared new, but is clearly opened. Per eBay guidelines that means. 

"A brand-new, unused, unopened, undamaged item in its original packaging (where packaging is applicable). Packaging should be the same as what is found in a retail store, unless the item is handmade or was packaged by the manufacturer in non-retail packaging, such as an unprinted box or plastic bag. See the seller's listing for full details." 

How do I approach that? Often times the seal was taken off to take pictures of the items but within eBay policy that is no longer new right? It feels like a red flag to sell that way? What do i do to sort out the good from the bad? 

[downunder-61]

Find another seller if you do not want to buy the one's you saw - simple.

[mudshark61369]

@zaro8609,

Are you sure the photo of an item out of its box is not a stock photo used by the seller to show what the item looks like?  If the listing you are looking at is a multiple quantity available one that is probably what has been done. 

"Often times the seal was taken off to take pictures of the items but within eBay policy that is no longer new right? It feels like a red flag to sell that way? What do i do to sort out the good from the bad"? 

  If the seller is only selling one of the item then they may have broken the seal on a box/bag to take the photos.  Especially, if the box does not have a display window in it. If the photos of the head phones show that its cord is still factory wrapped, zip or twist tied. If they are blue tooth headphones the plastic bag may have been opened to take clear photos of them.  It's up to you to decide how exactly you want to interpret ebay's definition of New.

  IMO if they were never actually used then they are still new. The seller is being honest by admitting they removed the phones from the box to take the photo(s) after all. Maybe because they don't know how to copy/paste stock photos or where to find them.

You should look at a seller's feedback profile page to help you decide whether the seller is a good one or not. You do that by clicking on the number in (  ) to the right of their username. Yours is currently ( 1 ).  On the page that opens you will see a couple of comments and below them an oval with "See all feedback" written in it. Click on that to see their whole profile page. Look at the seller's country of registry and to see If the seller has received neutral or negative feedback.  You can click on the numbers of those to read only those comments. If you find that the seller has comments about not describing items well, then move on to another one. Don't buy brand named consumer electronics from sellers registered in China.

[lamber9347]

You hit the back button and find a similar item with another seller. Best of luck to you....

[soh.maryl]

OK, so you will move on and find another seller, right? 

Seems like you have figured out how to "sort out the good from the bad".

And that would include reading the description and studying the pictures carefully.

Congratulations!

And, always remember, you do have the Money Back Guarantee.  Have you read it?

[titipeo]

If you want to be 99.9% sure the item is new/unsealed, why don't you buy from a brick & mortar store where you can physically see, touch, and confirm on the spot that the item meets your requirements? 

[khetzel]

To me, the listing is the description, the picture(s), and the specifics.  If there seems to be a conflict after examining all 3, I will send 'question to seller' or whatever it's called.

If the seller responds to my satisfaction I will bid or buy.  If he doesn't, I don't.  Very simple.