I bought something from ebay recently, a router, and it was listed as 'New'. I was a bit suspicious given that the photo had all the items out of the box. When it arrived the box looked a little tatty but it did appear to be at least 'as new' condition. It works fine, however when I went to the admin page there was someone else's ISP login details there. It was also "v2" of the router when I know v3 or even v4 are out.
When I queried the new status of it the chap said it was new. When I presented the evidence re: ISP details he said he'd simply got it out to test it as it had been sat around for quite a while.
A said I wouldn't be able to leave positive feedback because i) It wasn't brand new, and ii) To me new implies that it is recently purchased not year or more old, and iii) If it had been plugged in and tested that should have been explained in the listing. I said that I may not have paid the same price had I known it was not brand new in box.
I have not as yet left feedback - would negative be justified in this case do you think? I too like the new system where sellers can't leave negative feedback as I think that certainly put me off in the past.