used when promised new


I ordered .5m pair of Cardas Golden Reference interconnects from an Audiogoner We negotiated through email and came up with the price of $375 NEW. Well, I got the cables, timely, but they are not new. They are in absolutely fabulous condition, but they are definitely not new. They were also packaged poorly with no Cardas literature. No nothing. I emailed my disappointment, and have not gotton a response yet. This is going to be my first time giving a negative response on "feedback." Isn't this appropriate, even if amends are made. Am I being fair? Is there, really, any reason to hear an explanation? Even if he makes good $$wise, he still lied to me. I would appreciate feedback from you guys.
thanks in advance,
warren
128x128warrenh
Another thought on universality (is that a word?) of definitions. There are many forms of the word "New" that can be easily understood by potential buyers if the seller is clear in his or her communication.

In simple terms, "New" (to me) means "New, unopened, and unused" or "New in box" like I would expect to find the item in a retail store or if I were to buy directly from the manufacturer. All shipping materials and literature should be included if the term "New" is used by the seller without any modification or explanation.

If the item has been opened only for inspection purposes, then the seller should describe the item is "New and unused, but opened only for inspection". If the seller does not have the original packaging, then he or she could add, "I don't have the original packaging". Tell it like it is!
If the item has been used in any way, shape, or form (even if for a 5 minute test) then the seller should describe it as "As new" or "New demo" or whatever phrase best describes the reality. Audiogon ads are not priced per word!
neutral feedback with a cautionary warning to the seller that "new" does not mean "used - good". Even an "as new" would have been acceptable, but you were definitely mislead. Would also be interesting to know who you were dealing with Warren. Point the seller toward this thread, & if still no response then please name names.
WmMcmanus hit it on the head. New is New, not opened, if it touched the other end of a component and had a signal put throught it, it is used. "Practically new, used 5 mins"....I would handle it this way...what does the cable cost new? With cables, it is the lastest and current model, I would pay 70% of New Retail. I would expect to pay at least 50% off for a Used cable if not more. If he charged you 70% or more of Retail and called it "New" I would leave Negative Feedback. If he was calling it "New" but priced say 50% of Retail, I would leave Neutral Feedback. Regardless, you have a valid Beef and some of the earlier posts concern me, this is Black and White. New means New.
Another vote here for neutral feedback. The product will serve you well, however, it is not quite as represented. My vote is cast as an individual who buys on Audiogon with the intent of using the products I purchase.

There is probably a valid legal question here. You cannot responsibly resell these as "new" yourself, and therefore have incurred a financial loss as a result of the misrepresentation of the product.

Even so, it seems a shame to blackball someone who actually provided quality merchandise.
It's done. Negative feedback. I have to be fair to other Audiophools, regardless of how I feel. It's the principle. I'm letting go now. Won't by from John anymore. You're on your own. I owe you guys the truth...You'll do the right thing...