[HiFiGuy528]

I recently purchased a Sony MDR-XB1000 (second pair) from a seller on eBay (bluebarndoors).

http://item.mobileweb.ebay.com/viewitem?itemId=230726351466

Item is listed as NEW, but the unit I received was clearly opened and handled with finger prints all over the headphones. I sent the seller a note and he replied that it was taken out for photos. I said then its not NEW anymore since you used it for photos. I requested $20 refund to settle the misleading info, but the seller refused.

Am I over reacting about it being not new?

 

[Exediron]

Hmm, yes - I think you're overreacting, but technically I think the seller is also at fault.
 
I believe the item should have been marked 'Like New', since it presumably functions like new but obviously isn't. However, since there isn't anything about the headphones which seems to be functionally any worse than when they actually were new, I think a refund is a little much. That essentially amounts to charging a $20 fee for the time it will take you to clean off some fingerprints. If there turns out to be anything else wrong with them, that's something else.

 

[obobskivich]

I think you're being reasonable. New means sealed. And the reason I say that is he can no more prove that he only took it out for photos than that he used the thing for a year and was able to clean them up decently. I consider it akin to re-packing something and returning it and claiming it's unopened so you don't have to pay a restock fee. Of course people do it though, they feel entitled or whatever else. 
 
That said, it is eBay, and I'd honestly just be thankful that you got the item you paid for, in a reasonable time-frame, and that it works to some level. 
 
The listing even says:

"Brand New & Sealed in Box - Comes w/ Everything Just as in Stores~"
 
If you really felt like pushing it, you could open a PayPal dispute that you didn't receive the item as described. Since this wackadoodle admitted in an email that he opened the box and removed the item, it's no longer sealed. 1-800-eatmyshorts and Jim's your Uncle; can I get a refund!
 
 
 
 

 

[Draygonn]

Someone bitched about Newegg selling him a videocard that they had taken out for taking a photo for the website. To me its not a big deal but a bunch of people were outraged so it must be wrong to a lot of people.

 

[HiFiGuy528]

I wouldn't be as bothered if he disclosed it, but to open the box and be surprised that it was handled with greasy fingers is just unexpected. I'm not crazy and unreasonable to ask for only $20 refund. It's not about the money. It's about disclosure to your customers. It's like bait and switch.

 

[Samgotit]

Get over it.

 

[obobskivich]

This. This is exactly how I'd feel (I'd actually return the product to be quite honest, but that's me). 
Quote:

I wouldn't be as bothered if he disclosed it, but to open the box and be surprised that it was handled with greasy fingers is just unexpected. I'm not crazy and unreasonable to ask for only $20 refund. It's not about the money. It's about disclosure to your customers. It's like bait and switch.