Described as new but I have doubts

allison445

Purchased a ps4 game seller described as brand new pictures were cropped but the cellophane wrapper was on the game on arrival along one edge or the wrapper there is tape looks like the game has been taken out of  the cellophane may have been used and then put back in the cellophane and resealed with tape the seller is refusing a return
May seem a silly question but whats the best option here should I just request a return as item not as described or arrived damaged as the wrapper has been tampered with this is the first return in years so unsure of the best option here 

djp64

Had this a few times with Xbox One games.  Described as Brand New / Sealed but on arrival obviously used and then resealed in plain cellophane wrapping and missing the MIcrosoft / Xbox branding down the edge of the case

I always message seller first and advise that not as described and request return.  If they don't want to do this I then open a not as described case.  There appears to be a cottage industry of buying games / refurbing them and then selling them as brand new / sealed when they're not..

allison445

I have had a few messages back and forth with the seller he doesn't seem to understand what the problem is and his last message was telling me to be sensible which is when I opened a return as not as described

message from seller.
Ok, that is up to you. I wish you would be sensible about this.

This is another of the messages I received from the seller he doesn't seem to understand that as the seal has been opened I believe the game has been used

Hello, Is the cellophane is more important than the game? I am confused. I don’t understand the fuss. The game is new. The game works. The box is in perfect condition? The problem is some tape....
We are talking about wrapping paper!
Did you buy the wrapping paper or the game?
The game is new, sealed, in perfect condition. And was sold as such.

NBLondon

allison445 said:

Hello, Is the cellophane is more important than the game? I am confused. I don’t understand the fuss. The game is new. The game works. The box is in perfect condition? The problem is some tape....
We are talking about wrapping paper!
Did you buy the wrapping paper or the game?
The game is new, sealed, in perfect condition. And was sold as such.

The game works?   That's a give away that it's been opened then...   From a home seller it might be that it was opened and not played so they unthinkingly call that brand new - but if they are selling multiple games then they are sounding dodgy.

Norman_Castle

Was it listed as new or new-other which allows for opened or missing packaging? Having a query dismissed and being told to be sensible invites a complaint and suitable feedback.

allison445

The game was listed as new and sealed and as such I paid top money for it was only about £2 less than I would have paid for it on amazon
The seller also reused a shopto label by just sticking my name over the original name when you check the tracking it shows as delivered to someone on the 30th June and then to me on the 11th July not sure how he got away with that but I haven't mentioned this to him even though I am not pleased about this either as the postage was not free 

pinkshoes

allison445 said:

message from seller.
Ok, that is up to you. I wish you would be sensible about this.

This is another of the messages I received from the seller he doesn't seem to understand that as the seal has been opened I believe the game has been used

Hello, Is the cellophane is more important than the game? I am confused. I don’t understand the fuss. The game is new. The game works. The box is in perfect condition? The problem is some tape....
We are talking about wrapping paper!
Did you buy the wrapping paper or the game?
The game is new, sealed, in perfect condition. And was sold as such.

Either then game is brand new and has never been opened or it has been opened and tested, hence he knows it works, in which case it is NOT brand new!

Sounds like you are being sensible by opening a return. In this scenario, I would consider a partial refund (perhaps of what it will cost him in return postage).

Personally I only ever buy "new" games from a business, as that way they come with consumer rights. Buying something 'new' off a private seller needs to come with a suitable discount as you lose out on so many rights if there is a problem.

allison445

Games are not something I usually buy my daughter asked me to purchase this for her boyfriend and he is really fussy when it comes to his games and I knew as soon as I removed it from the used jiffy bag he was not going to be happy as it is not sealed he doesn't want it and it is no use to me.
Normally I would just save myself the hassle and just resell it myself but on this occasion I feel the seller was deliberately misleading.
The seller hasn't responded to the return request yet 

the_lunatic_is_in_my_head

djp64 said:

Had this a few times with Xbox One games.  Described as Brand New / Sealed but on arrival obviously used and then resealed in plain cellophane wrapping and missing the MIcrosoft / Xbox branding down the edge of the case

I always message seller first and advise that not as described and request return.  If they don't want to do this I then open a not as described case.  There appears to be a cottage industry of buying games / refurbing them and then selling them as brand new / sealed when they're not..

Unfortunately the only way to guarantee something like this is to buy in store and look at the actual thing you are buying.

There are sellers sealing second hand games, it's most noticeable with valuable out of print titles, the sellers have a wide range in higher than possible quantities at lower than expected prices. 

There was one guy selling the seal strip with the PS2 logo on, listing said they'd had it made in China. 

But you can never know, supermarkets and the like keep the discs behind the counter in some places, if they don't sell they can send anything back and the distributors will seal them back up again. 

pinkshoes said:

allison445 said:

message from seller.
Ok, that is up to you. I wish you would be sensible about this.

This is another of the messages I received from the seller he doesn't seem to understand that as the seal has been opened I believe the game has been used

Hello, Is the cellophane is more important than the game? I am confused. I don’t understand the fuss. The game is new. The game works. The box is in perfect condition? The problem is some tape....
We are talking about wrapping paper!
Did you buy the wrapping paper or the game?
The game is new, sealed, in perfect condition. And was sold as such.

Either then game is brand new and has never been opened or it has been opened and tested, hence he knows it works, in which case it is NOT brand new!

Sounds like you are being sensible by opening a return. In this scenario, I would consider a partial refund (perhaps of what it will cost him in return postage).

Personally I only ever buy "new" games from a business, as that way they come with consumer rights. Buying something 'new' off a private seller needs to come with a suitable discount as you lose out on so many rights if there is a problem.

Often private sellers take the time to photo their items and you can get a good look at the cellophane and seals (you may well pay more for the privilege of actually seeing the item you buy), if you are very fussy with wanting stuff like this for a collection (as I am for video games) I'd usually pick a private seller over a business for a more expensive title or for new stuff pre order from somewhere as the stock is likely to be fresh off the production line. 

From what the OP has said it sounds like an opened the game slid back inside the cellophane, won't find this often as it's obvious it's been done and who would be happy about it? 

Norman_Castle

allison445 said:

The game was listed as new and sealed and as such I paid top money for it was only about £2 less than I would have paid for it on amazon

https://www.ebay.co.uk/pages/help/sell/contextual/condition_1.html

Item Condition

 New A brand-new, unused, unopened and undamaged item in the original packaging (where packaging is applicable).  Packaging should be the same as what is found in the retail shop. If the item comes straight from the manufacturer it may be delivered in non-retail packaging, such as an unprinted box or plastic bag. See the seller's listing for full details.

Opened – never used

An item in excellent, new condition with no wear. The item may be missing the original packaging or protective wrapping, or may be in the original packaging but not sealed. The item may include original accessories. The item may be a factory second (i.e. it has a small flaw that does not affect the operation of the item such as a scratch or dent). See the seller's listing for full details and description.

allison445

for games the item condition new states
Condition
New

An item that is still in its original shrink wrap from the manufacturer and the original manufacturer’s seal (if applicable) has not been removed. See the seller's listing for full details.

As the shrink wrap has been removed and then reattached with tape the seller cant seem to understand why I want to return because of this he still has not replied to the return request will probably have to wait till next week and ask ebay to step in could all have been avoided had he been more honest with his description and mentioned the tape