This has bugged me for a while.
I see in the forums here, and probably Ebay, items for sale that the seller says is New. (there is a few new selling phones here).
My opinion is if you have got it from a store and now re-selling it then it isn't New anymore, even if the box is sealed.
If it is untouched and sealed then it can be descripbed as As-New condition or Second-Hand but not New, only Store or manufacturers can sell New goods.
If the person is selling a phone and say it is New does that mean the buyer can send it back to them for replacement or repair or refund if it is faulty like ACCC rules when we buy from a store?
Am I being a pain or should any goods bought from a store or won as a prize and being resold never be described as New.
You're being a pain. We all know what the difference between 'new' and 'used' is on eBay etc. It's a helpful description to let us know the condition of what we're buying. If everything was listed as used, that would also be a pain. Things like 'new without tags' is also helpful in understanding the condition.