Question about American trade laws (shopping at Amazon)

[cvahl]

Hi there,
since I'm from Europe and I currently live in Boston, I am not familiar with the American trade laws.
My problem is that I bought (really expensive) headphones for my iPod from a seller who offered them as new at amazon.com. I received the headphones last week, and they looked pretty new, but they were not factory sealed any more.
Do you think that "new" implies factory sealed, or is it okay if they offer them as new when they are not factory sealed any more? In Germany, I would just be able to send them back and get the postage for both ways when it was a false trade description, is it the same here?
Thanks for your help!

[OscarTheGrouch]

You would have to be able to prove that they had indeed been used I would think? I've taken things new, opened them to look at them, then resold them as new. *I* would specify that even though the packaging had been opened, that it was still new and unused, however I dont know if that is required.