Simple, something sold as new is new. Once the package is opened, it´s not new.
Obviously this causes loss if lots of items are returned, but it´s not customers problem. And there´s not this problem at you go to the actual store and try there, as they have pairs that are for testing. I bought my amp from this store, where it has been tested a bit. I was aware of this, and got an appropriate discount. Excellent condition, and burned-in. =D Got the complete warranty also. These kind of deals are great, but cheating isn´t. And personally, I find headphones somewhat personal, so I prefer them being un-used.