posted: May. 10, 2008 @ 11:58p
madcowdisease said:Wreptyle said:Remember, there is a huge difference between "NEW" and "Factory Sealed". I list a software one time as "New", but I opened them to get the UPC to do the rebate (like anxman69 states). It's still "NEW". If the registration code works, then you really have no case. NEW != Factory Sealed.
With all that said though, I also stated in the auction that the UPC has been removed. He should've done the same thing if the UPC is missing.
I'm sorry, but you are treading a fine line between shady and dishonest.
Essentially what you are saying is that all factory sealed items are new but all new items are factory sealed, which is true in some cases (like the Wii, which aren't factory sealed to begin with) but "new" does imply a variety of things, including the fact that the box hasn't been hacked to bits. Would you call a car that's missing a door "new?"
I don't care if the software has never been used, but if I purchase something "new" and and the UPC is missing, you can bet I'm filling a SNAD.
Edit: You didn't get ripped by eBay, you got ripped by a bad seller. There's a big difference and the bad seller has nothing to do with eBay at all.
There is no treading whatsoever with what they are doing. The item is NEW and they put that the UPC has been removed in the auction. I do that all the time and have NEVER had a problem. The item is NEW. Your logic is flawed in that NEW requires a package at all. It does not. Just like Wreptyle posted, NEW != Factory Sealed. Tons of items are sold as NEW and don't even include the original packaging. As long as the auction states this, there are ZERO ISSUES.
Your car missing the door comparison is HORRIBLE!!! If the package is not a function part of item, then it is not required for the item to be listed as NEW.
Lastly, if you do buy something listed as "new" and the listing said the UPC was missing and you filed a SNAD because of it, you are a royal idiot.