Last 2 orders were college textbooks for my DS. Both textbooks from different sellers were listed as brand new. First one said it had shelf wear, but it was clearly used and read. But since the price was too cheap, I figured it would be used so I was only slightly upset and did nothing.
The second one stated in capital letters that it was BRAND NEW, but the clues I had that it was used were: folded pages, red writing and checkmarks, blue underlining, etc. on at least 25% of the pages. That one is definitely going back.