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When is an item considered "new" and when is it considered "used"?

What is considered "new"? I sold an item as "new" as I never opened it. I received it and placed it on a shelf, again never opening the item. I decided to sell the item and listed it as new and now I have a buyer complaining and saying that the item is not "new" because I shipped the item in a different box than the one I received it in. He wants to return the item because, in his words, he "bought the item as an investment and since the item is no longer in the shipping box I got it in it is worth less". Nowhere in my listing did I mention anything about the original shipping box being available nor did the buyer ask. It was a generic carboard box. Again, the item was brand new and unopened so am I wrong?

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Re: When is an item considered "new" and when is it considered "used"?

I would say it depends on what you're talking about.  For car parts it would actually have to have been used on a vehicle (like a junk yard part).  It can be old and unused the term for that is New Old Stock. 

 

It would depend on how you're selling it.  If it's old, and being sold as a collectible and not for it's intended purpose you probably wouldn't want to call it "new".  In that world "new" could me newly made.  You might say, it was never used or still in package. 

 

 

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Re: When is an item considered "new" and when is it considered "used"?


@handsomezacksrecords wrote:

Got the item back today but its damaged. It was packed incredibly poorly with no padding on either side of the box. 


I really do feel very sorry for you. What happened here is exactly why the "original" shipping box is very important. It would have already had the "custom" padding to secure the contents of the wood box and extras. You may be able to deduct up to 50% of the original cost the buyer paid. Hopefully someone can come here and explain that to you the process as I have never had the need to do it.

Message 47 of 59
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Re: When is an item considered "new" and when is it considered "used"?

Here is your problem. "New" means it's in the original retail packaging. If every retail buyer bought it direct from the artist's website, then the retail packaging they received included the outer shipping box. Was it even available in stores without the plain brown shipping box? You obviously didn't think the outer shipping box was important but the buyer did. I'm sorry you went through this.  I'm also sorry that the item was damaged when it was returned to you. That just makes it worse.

 

Using the generic photo didn't help. If you had used photos of what you were selling, you likely never would have had this problem although it is also possible you would not have received the same price. 

Message 48 of 59
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Re: When is an item considered "new" and when is it considered "used"?

"New" is in the original retail packaging, as if you walked into a regular store and bought the item.  All I can find on other sites of the item is the stock photo you used (a big mistake listing it that way in the first place), so I couldn't see the packaging.  Especially looking at the crate, I find it very hard to believe it would appear in the store like that and wouldn't be in a box marked up and tagged so it could be sold on a store shelf. 

 

So if you just shipped the plain crate to the buyer, then it would be an INAD and the buyer has every right to a refund because it was misrepresented.  Once it comes out of the original box or packaging (whether it's pretty and printed up or just a plain shipping container), it ceases becoming a New item.  You would receive a much lower price as a result, but that's the cost of selling a Used item versus a new one.  As a collector's item, the buyer clearly expected it to be represented as New and arrive in that condition, including the box.

 

To wit, when I come across items that qualify as "New", I definitely have a reticence to list them, especially since I don't know what the boxes contain and if the item still works correctly and isn't broken or how long the item has been sitting and in what conditions.   As much as I'd like to open the box up just to take pictures of the item so the buyer can more clearly see what the item is and test it, doing that is going to strip the "New" from them.  So all I can really do is present items as they appear in the original packaging.

 

As it looks like this is going to be an expensive lesson, all you can really do is learn how to do it better next time.  Silver lining: You should still be able to sell the individual records without a problem.  At least I would hope.

Message 49 of 59
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Re: When is an item considered "new" and when is it considered "used"?


@coolections wrote:

@handsomezacksrecords wrote:

Got the item back today but its damaged. It was packed incredibly poorly with no padding on either side of the box. 


I really do feel very sorry for you. What happened here is exactly why the "original" shipping box is very important. It would have already had the "custom" padding to secure the contents of the wood box and extras. You may be able to deduct up to 50% of the original cost the buyer paid. Hopefully someone can come here and explain that to you the process as I have never had the need to do it.


@coolections 

 

No, a refund deduction is NOT an option for @handsomezacksrecords as no TRS and the OP's 'No Returns' policy.

Message 50 of 59
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Re: When is an item considered "new" and when is it considered "used"?

At this point its really whatever but I will have to disagree with this:

 

" Once it comes out of the original box or packaging (whether it's pretty and printed up or just a plain shipping container), it ceases becoming a New item.  "

 

As someone who has worked in retail for well over 30 years I can assure you that EVERYTHING comes in a shipping box so essentially what you're saying is that the Rolex watch that comes in a cardboard box to the dealer is now no longer considered "new" because the dealer removed it from its shipping container which is complete nonsense. Any item I have ever received from Amazon comes in a shipping container so I guess my ipad wasn't new? Its a crazy world. 

Message 51 of 59
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Re: When is an item considered "new" and when is it considered "used"?


@coolections wrote:

@handsomezacksrecords wrote:

Got the item back today but its damaged. It was packed incredibly poorly with no padding on either side of the box. 


I really do feel very sorry for you. What happened here is exactly why the "original" shipping box is very important. It would have already had the "custom" padding to secure the contents of the wood box and extras. You may be able to deduct up to 50% of the original cost the buyer paid. Hopefully someone can come here and explain that to you the process as I have never had the need to do it.


For anyone who case....this is what the original shipping box looks like.....

 

slippinjimmy_0-1674596961880.png

slippinjimmy_1-1674597023221.png

 

Paranoia strikes deep
Into your life it will creep
Message 52 of 59
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Re: When is an item considered "new" and when is it considered "used"?

Correct, that is what I said in the beginning. The OP thinks it is not important but without that box you saw the results of both an unhappy buyer, and an unhappy seller getting the item back broken. That box is very important.

Message 53 of 59
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Re: When is an item considered "new" and when is it considered "used"?

the seller can always put new without tags - for instance a gift received

Message 54 of 59
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Re: When is an item considered "new" and when is it considered "used"?

Yes, thats it and thats how it was sent minus the original box. I got it back with some plastic bubble wrap around it but not on the sides and guess whats broken? The sides of the lid. The buyer said this was an "investment" and as noted I would think if you were spending that kind of money on an "investment" you would do research and ask questions. Surely no one would buy stocks without first looking into things. 

Message 55 of 59
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Re: When is an item considered "new" and when is it considered "used"?

Give $ back

Message 56 of 59
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Re: When is an item considered "new" and when is it considered "used"?

This thread is nearly a year old.


Hell is empty. And all the devils are here.
Message 57 of 59
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Re: When is an item considered "new" and when is it considered "used"?

Ebay specifies this every time you list an item and select the items condition.  They always define the terms to help you select the correct option.

Message 58 of 59
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Re: When is an item considered "new" and when is it considered "used"?

Hi everyone,

Due to the age of this thread, it has been closed to further replies. Please feel free to start a new thread HERE if you wish to continue to discuss this topic.

Thank you for understanding.

Message 59 of 59
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