As long as you dont wear them they are brand new

I am not commenting here about ebay policy as I no longer sell so I am not up with it all.

But just speaking as a buyer...

If something is listed as brand new, I expect it to be something that isn't too old.

For example, I had a friend who had a pair of work boots, in original condition with tags, never worn, in box. She sold as brand new on ebay (this was a few years back) and the buyer wrote to her and said the first time he wore them, the sole cracked.

She rang me and asked what she was supposed to do as it 'wasn't her fault' they were 'new', should she offer to send him some glue? I said no way, refund in full as if he opens a claim, ebay will definitely refund him. Which she eventually did, reluctantly.

I also bought a pair of shoes, brand new, froma  store closing down. Never wore them for a couple of years as they were an unusual bright colour but one day decided to give them a go. the entire heel and sole started to crack and fall away within half an hour and I had not done any real walking!

What i have taken away from that is shoes may be new as in unworn & still in box, but if they have been stored for quite a while, I personally would never list them as brand new.