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Last Post Jan 14, 2009 8:20 AM by: clewis3888
Replies: 53
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hithere234
Posts: 4,605
(1 of 53)

misleading description

Jan 10, 2009 4:42 PM
Seller said the disc is brand new and never used...
He did say the item is new after market case and not in the original game box.

Does not look like misleading description to me...

You are obligated to complete this auction, yes...

Looks like a fun game.

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itz_stacey
Posts: 971
(2 of 53)

misleading description

Jan 10, 2009 4:47 PM
OP, the seller stated it was going to arrive in an after market case but you still choose to Buy it Now.

So, to answer your question, yes...technically you should be "stuck" with it because it was you that bought it as stated.

Does it really matter? Well, that's going to be up to you however, there are plenty of times people buy things and toss the original box but never get around to using their purchase. So, is it possible the game has never been played? Yes, it is. I have a step son that stores all of his xBox games in his own cd organizer case the minute he gets them, lol.

I'd suggest that you wait until it arrives and make sure it's as stated..then, if all is good...play it and enjoy!


Ty Eye's!

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fenton.smith
Posts: 16,434
(3 of 53)

misleading description

Jan 10, 2009 4:48 PM
However, if the disc appears to have been used before you got it, you can file a SNAD dispute with PayPal. To me, it's no longer brand new if it has been removed from the original packaging.




Ignorance is NOT bliss - None is so blind as he who will not see
Fenton.Smith





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hithere234
Posts: 4,605
(4 of 53)

misleading description

Jan 10, 2009 4:49 PM
Cute husky itz!

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joenocera
Posts: 52
(5 of 53)

misleading description

Jan 10, 2009 4:52 PM
Yes my opinion is the Item is not new, the disk can not be new if it was removed from the original case.
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hithere234
Posts: 4,605
(6 of 53)

misleading description

Jan 10, 2009 5:02 PM
I have tossed the original case and not used a disc...
He states in auction that the disc is the only thing new and does not come in original case but in a market case only...

This fact was not hidden but factually stated in auction description ....

You did not see this before hitting the Buy It Now, if this was a concern?

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n.s.sherlock
Posts: 36,013
(7 of 53)

misleading description

Jan 10, 2009 5:04 PM
"my opinion is the Item is not new"

This is something you will have to haggle over with PayPal.



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*grandmalaska*
Posts: 8,695
(8 of 53)

misleading description

Jan 10, 2009 5:05 PM
Brand-new never-played game disc and mint condition official instruction manual in a brand-new after market case


You say you saw this part. It's clearly stated it's not in the original case.

Click for details

_________
KKC # 400
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itz_stacey
Posts: 971
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misleading description

Jan 10, 2009 5:17 PM
Thx hithere, I kinda like him too! Ty-Bear the big ole lover dog! :-D


Ty Eye's!

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littletelari
Posts: 6,853
(10 of 53)

misleading description

Jan 10, 2009 5:35 PM
New does not always mean in box. It also doesn't always mean with tags.

New means never used, never washed and was made/purchased recently.

The seller disclosed in the auction that it did not come in the original box. They were not being deceptive unless you get it and the disk was, in fact used (and has scratches, smudges, etc).



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God loves you, but I'm his favorite.
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azlynn*67
Posts: 5,724
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misleading description

Jan 10, 2009 5:59 PM
I think that with eBay limiting the amount a seller can charge for shipping in some categories, and I believe that video games fall into one of those categories, you are going to see much more of this. In some cases the shipping eBay allows is not enough to cover the sellers shipping fees.

An after market case is going to be smaller than the original.





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babylove80jr
Posts: 851
(12 of 53)

misleading description

Jan 10, 2009 7:09 PM
If it has never been played, it's not used. Just because it's exposed to the air doesn't mean it's not NEW.
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carlyrockstar
Posts: 6,282
(13 of 53)

misleading description

Jan 10, 2009 7:16 PM
If I want something that has never been opened or I want it still sealed in the package, I clarify it with the seller before bidding if there is any doubt.

I would have passed on the auction you bought because it clearly states it is NOT in its original packaging.


Click for details



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catmanwillylou
Posts: 6,050
(14 of 53)

misleading description

Jan 10, 2009 10:22 PM
According to eBay, an item is considered "new," if it meets certain conditions:

"An item is considered "New" when it meets the following guidelines.

It is in the original condition from the manufacturer, distributor, or retailer.

It has not been refurbished or used for any purpose.

It has no known defects or damages."


Click on the link:

Link

CM
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