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Good eye, all of my comments were referring to selling on an already existing detail page.

Brand new implies with box - buyers on Amazon expect HIGH quality - many will complain because they want new in box.

You cant sell as new if you want account to survive.

Used like new would be the best option.

Thanks for all the feedback so far. If I classify my item as used liked new I would not be able to win the buy box right?

Also what I think part of the confusion here is that I was thinking about products which are already exisitng so I would not create my own listing.

I have sold many of my items as new without the retail box as long as the main picture doesn't show a retail box and it is not listed to come with it. Also, put it in your comments. You will get complaints, but as I have said before you can get the negative comments removed in you just contact Amazon and tell them that it is not advertised to come with a retail box therefore it is a product review.

I had one listing that Amazon actually changed the listing title for me and added (not in retail box) because they received complaints from customers. I would say out of selling 1000 pcs, maybe 10 people would complain about no retail box, all were removed though.

Maybe the comment of not being with the box might help.

As per amazons rules anything NOT in retail packaging CANNOT be listed as NEW or used LIKE NEW.

You can list but expect competitors to report your listing(s) and customers possibly complaining.

Personal experience you will be able to get away with it for a few weeks to months but your listing(s) will eventually be removed.

Yes, Gamefreak is correct. AMZ might not notice you for a long time, but once they do notice, you can be suspended.

AMZ Condition Guidelines