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.