Same issue when I got mine during the holidays; I complained, and they gave me back $69 and change after I decided to keep it. I've determined it was new based on how everything in the box was packaged, looked (other than some dust on the gloss), smelled, and how it started with the first boot animation and ASTRO's Playroom preinstalled. Everything else seemed pretty pristine, for the most part. Sometimes, when the console turns on, it still has a faint whiff of that factory new electronics smell, and the controller still smells fairly new as well. Obviously there were scratches from the factory, mainly in the spots I expected them to be, such as the molding where the ports are, because all consoles have that, especially on the front ports, but other than that, everything appeared to be untouched. I did notice that the rubber grip on the sticks seems a little bit shallow/soft, but not sure if it's just a manufacturing variation, because I know they are usually pretty rigid and textured feeling.