New or used?

[Westmerian]

If an item is purchased brand new and never used, at what point does it cease to be "new".

Can it be claimed that the item is "new", if it has been unpacked, but never used.

[DTCwordfan]

so which part of Westmorland......

[bednobs]

for what purposes?

[boxtops]

If I were listing on eBay and I was selling something opened but never used, I would list it as "as new" or "in new condition" on the description. New means not used or worn, but it could be unwrapped (but it would need to say so).

[TonyV]

depends on how it is described by seller - are you the seller or buyer?

[Buenchico]

It might be possible for something to cease to be 'new' but to then regain that status. Here's an example:

Let's suppose that someone buys something from Argos. On getting it home, and opening the packaging, they decide that it's not what they really want. 4 weeks later they sell the item through an ad in their local paper. I would suggest that the law would not regard the item as 'new', since it was then sold without the same consumer rights which were present when Argos originally sold the item. (e.g. any warranty would have 4 weeks fewer to run on it, than a genuinely 'new' item would have).

However, let's now suppose that the person who bought the item from Argos waited for 4 weeks before returning it under their '30 day refund' policy. If Argos then resold the item, it would (because it would have a newly dated retail sales receipt) be sold both in a 'new' condition and with the warranty that a genuinely 'new' item should have.

Hence, the original purchaser couldn't reasonably sell it as 'new', but Argos could do so.

Chris

[pink-kittens]

on ebay you can have a listing pulled for using wording such as 'as new' - it's either new or not
You can list it is being in mint condition but not 'as new'

[boxtops]

Agree, pink-kittens, I've had a listing stopped in the past because I had "as new" in the title. You can still put it in the description, though, as long as you explain yourself.

[TonyV]

Pink & B - agree with both of your opinions - but West needs to let us more info, yes?

[boxtops]

Yes. I thought immediately that West has bought something which is not in original packaging, and is peeved. I could be wrong.

[TonyV]

Box I thought that aswell - but do not have enough info to comment any further - will West tell us?

[ladybirder]

Think I'd put unused to be safe.

[pink-kittens]

Agree,. we need more info really
It would make a difference to me if, for eg, I bought a dress 'new' but it had been tried on and smelt of deodorant or perfume - thats not new at all it has been used
A cycle bell out of the packet but never rung is new, but rung even just once, is used

[starone]

As I understand it as soon as you buy something it becomes second-hand.

[TonyV]

Pink - a dress or shirt being described as new, I would not expect anyones body odour/ perfume on it - I only wear shirts lol
But if it was a food processer that had been unpackaged then repackaged and all components had not been used to process, then providing all of it's still there, I would accept it as new - you can never repack the same way as it was in factory?
All depends on description

[pink-kittens]

LOL Tony, I'm sure you would look fetching in a dress ;-)

That's just it starbuck, I think it *can* depend on the object and ones POV, so OP we need more information please =)

[TonyV]

Pink - You got a spare I could try on - lol

[pink-kittens]

*hands Tony her LBD* .................. ;-)

[TonyV]

Pink - think you will look better in LBD - lol ............?

[TonyV]

Eddie - where did West (OP) say they were using ebay?