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If someone says 'new', 'like new' or 'almost new' most would have a pretty good idea of what to expect. If they price it the same as new, then good luck.
The grey area for me is the shops, where guitars are hanging up. if someone picks one up and plays a few chords on it, or a particular guitar gets tried 5-10 times, you could argue that it isn't new either.
I have purchased used guitars that are 'as new' which have been in better condition that some new shop guitars which have blatantly been 'used' on the shop floor.
I don't see that there is really anything to worry about. You judge for yourself whether you are happy with the condition against the description, and compare that to the asking price.
"Take these three items, some WD-40, a vise grip, and a roll of duct tape. Any man worth his salt can fix almost any problem with this stuff alone." - Walt Kowalski
"Only two things are infinite - the universe, and human stupidity. And I'm not sure about the universe." - Albert Einstein
The terms really need defining - but that's not as easy as you might think. In fact, the more you dig and create examples, the muddier the water gets.
Brand New
Dictionary definition: Being in a fresh and unused condition
Comment: So, a pure mint unplayed guitar purchased new for investment can still be described as brand new - even if ownership changes? (the definition relates to condition not ownership history)
New
Dictionary definition: Of recent origin, production, purchase, etc.; having but lately come or been brought into being:
Comment: A store has a mint unplayed Strat that came straight from Fender, made in 2013 that it forgot about. Its not been left out in the shop, but kept sealed in its case. Is it new? - common sense says yes but it actually doesn't meet the definition of new because it's not of 'recent origin or production'. It's unplayed so therefore doesn't meet the definition of pre-owned or used either. So, another description is needed - 'New old stock'. If I bought that guitar and kept it unplayed as an investment, does this change the guitar to 'used/second-hand' or is it still 'new old stock' because the change of ownership is wholly immaterial to the condition of the guitar, which hasn't changed. Yet it has been pre-owned by me - so does it become pre-owned new old stock? But if the guitar is pure mint and unplayed, doesn't common sense suggest the guitar is, for all intents and purposes of what we generally mean, still brand new?
Pre-owned
Dictionary definition: previously owned; used; secondhand:
Comment: A pre-owned guitar can be 'used' or it can be mint unplayed and still meet the criteria of 'New' or even 'Brand new'.
Used
Dictionary definition: previously used or owned; secondhand, showing signs of wear from use. i.e. the guitar has been played to an extent that it can no longer reasonably be considered 'new'.
I have a 2004 50th Anniversary Strat that is pure mint, has all the labels and tabs, unopened case candy etc, but other than being tuned and strummed lightly for literally a couple of minutes (far, far less than a 'new' guitar in-store) it has never been played sufficiently to be classed as 'used'. It has been pre-owned but the original owner bought it for investment (as did I) and for all reasonable intents and purposes the guitar is still brand new and its condition is as if it came straight out of the factory. It certainly hasn't been used and does not meet the used definition. In fact, it was a special order so was never on display in a store and is actually 'newer' than an in-store guitar sold as new. So, isn't this 'pre-owned, new old stock' ?
We all assume we know what 'used' and 'new' means - but in reality a guitar can quite properly fall into one or more different categories and it can be a case of perspective.
I had a chap try to trade a nearly new yam bass plus cash for my warwick, he bought it for 370 and wanted the trade price to be the same, they were going for 200 2nd hand so I offered him the going rate, he said it's worth 370 as that's what he paid new..... No.
"Take these three items, some WD-40, a vise grip, and a roll of duct tape. Any man worth his salt can fix almost any problem with this stuff alone." - Walt Kowalski
"Only two things are infinite - the universe, and human stupidity. And I'm not sure about the universe." - Albert Einstein
Yeah, there can be some overlap in condition I suppose (though if it's really beat-up it should probably be sold as ex-demo, as @mike_l said), but not in the terminology- and you can certainly use less misleading terms to describe the same thing. "Mint", for example, or "in as-new condition" (rather than "new"). (Ah @Schnozzalee beat me to it with the "as-new" suggestion. ))
Perfectly simple, unless you're trying to mislead.
I'm pretty sure there are going to be legal definitions of what "new" and "used" are. Doesn't matter what the condition is. Granted, as you implied, that does mean that there can sometimes be overlap in the condition etc., but that doesn't mean there's not a black-and-white legal definition as well (granted, the 30 day thing affects that but I'm guessing the law takes that into account).
http://en.wikipedia.org/wiki/Used_good
"A second-hand or used good is one that is being purchased by or otherwise transferred to a second or later end user." (first line of wikipedia entry)
The other thing is, using wikipedia I can look up the exact thing I want- i.e. new when it relates to goods being sold (and I did). How many of those definitions you looked up actually related to goods being sold?
The "new" definition you quoted also looks awfully close to the one on dictionary.com, too )
http://dictionary.reference.com/browse/New
Not exactly the Oxford or Cambridge dictionary... especially if Wikipedia isn't good enough for you.
"But 20% of the new price was VAT"
Er....So f*cking what?
"Well......you can't expect me to pay the VAT. You are not even VAT registered......"
)