eBay purchase question

[adam9c1]

Can this post be here?

Purchased a WD 750GB USB3 drive.
Won auction at $38 plus ship..

Seller advertised it as:
"New - WD Elements Basic Storage Stockage simplement, 750 GB Go, USB"

Arrives as pictured. Type up the serial and it's well past warranty.
Contact seller, seller state said:
The term "New" on eBay refers to never used or worn, not new as in warranty. Typically warranty's don't apply to small items/parts like this. New under warranty would need to be purchased at a lot closer to retail pricing. It is 'new' as in the definition of eBay. Thank you.



Who is in the right?
It does not say NOS or New Old Stock.

Item 111778454648

Wanted something solid for photos backup.

 

[imlovinit]

If its not used, then its new ..technically. It might have been sitting around long enough that the warranty has expired from the original purchaser but its still technically new & unused if its still sealed.

 

[adam9c1]

The box was ripped open (also in photos).

 

[imlovinit]

Did it look like it was previously used? Or was it just a ripped box just from sitting?

Either way, it sounds old enough that there wouldn't be any warranty. $38 is a pretty good deal to me. I would just worry if it doesn't function now rather than warranty.

 

[savoirfaire]

Well, the photos show the contents removed from the box, so he made it pretty clear that it was not unopened. I agree that if it is unused, he is not being deceitful by listing it as new. He did not say that the item was under warranty. You might be able to file a dispute with PayPal and win it, but I'm not sure that would be fair to the seller. My opinion is that as long as it is working, you got a pretty good deal and I would just count it as a life lesson.

 

[macjonny1]

Well, the photos show the contents removed from the box, so he made it pretty clear that it was not unopened. I agree that if it is unused, he is not being deceitful by listing it as new. He did not say that the item was under warranty. You might be able to file a dispute with PayPal and win it, but I'm not sure that would be fair to the seller. My opinion is that as long as it is working, you got a pretty good deal and I would just count it as a life lesson.

It's new. He never said had warranty. Don't ever assume any ebay item is still under warranty as many only have a warranty with a receipt which often doesn't come with it. Get over it and lesson learned on your part.

 

[iosuser]

As has already been said, a new item could've sat there unused way past its original warranty. I would check the number of hours the hard drive has been in used. On a Windows computer, just download Crystal Disk Info, plug the drive in and run it.

 

[321estrellas]

If it works fine then just take it and move on...to fight over it for $38 and have the hassle of returning it (which will be at your own cost I'm sure) and getting a replacement or refund is probably way more hassle than it's worth.