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Is my new game really "NEW"? (please give your opinions!)

Boss1708

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I bought this Pokemon White 2 game (UK version) from an Amazon marketplace seller. It was described as "New. Factory Sealed." and the seller personally assured me it was, but when I received it, the game was placed upside down in the box (ok, maybe a factory error) and the cartridge itself appears to have some imperfections that make me think it might be used and resealed which would be very annoying.

Here is an image from before opening it:
(the Nintendo logo is visible)


View: https://drive.google.com/file/d/0B6vKsICwknM8cjE5MUZub0NvbG5YU3o5V1NuWGFxQW1xNDRn/view?usp=sharing


(all the imperfections are visible here, on the upper side of the cart, zoom in to see them better):


View: https://drive.google.com/file/d/0B6vKsICwknM8bk1kVDhtNWlaTkRDenVnRHBrdlBfYnZwcU5v/view?usp=sharing



Here you can see that the game looks "New" from the front side and back side:


View: https://drive.google.com/file/d/0B6vKsICwknM8b2xuemFGeUdKc1VDbkItZ0JrYTJnWVZjU1FB/view?usp=sharing



View: https://drive.google.com/file/d/0B6vKsICwknM8Z2duT04yeWNIZDJ1T1J6Y212WHU2WDNIMWZv/view?usp=sharing



View: https://drive.google.com/file/d/0B6vKsICwknM8YXpwSC16TjNBNkkwaVlxWFl3QXFDWHVKNThr/view?usp=sharing


If the game really is new, then why does it have those scratches and imperfections on the upper side? Could they really be a factory error?

If it is "used", why is it in an official Nintendo wrapping? Also, why does it only show imperfections on the upper side (and left side), but shows no signs of wear on the front and back sides?
 
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It's definitely possible it may have been knocked around a little, which would be in line with it being put in the case upside-down... something went awry there. Most evidence points to this being new, especially the Nintendo wrapping. Unless the dude has access to Nintendo's shrink wrap materials, its unlikely they could get something like that.

Sadly, I doubt you'll get a definitive "yes" or "no" to this question. There's evidence that can back up both sides.

If it makes you feel better, your copy doesn't show any signs of being a bootleg, a huge problem in the post-market DS scene. I'd take that as a win.
 
@fate firstly, thanks for the opinion!

I know, I ain´t looking for a definitive answer, just a "percentual" one: how likely is it new, and how likely it is used? You said it´s more likely new? That´s a relief to hear. I would enjoy the game more if it's new.

Not that I like the idea of the cartridge being scratched by some Nintendo dude before wrapping or something, but I certainly prefer this scenario, over some random dude using it for a long time and selling it as new. Because in case the game really is new, even if it got knocked out a little during production, it would still be the same and play the same as a new game, right?

Well, the seller told me he bought the game from Argos UK. Shrinkwrap didn´t feel as "expensive" at touch as for my other 3DS games, but I guess Nintendo can have official shrinkwraps of different texture? I hope.
 
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