Re: Thinking about a Nexus 7? Beware...
The retailer is the one that took your money and sold you the goods so your first recourse should be the retailer. The retailer is the one that presented the item as BNIB and implied that the device was operational. If it turns out that the device does not work the retailer should refund your money or provide you a new unit.
What do you do when you buy something from Amazon or Future Shop that turns out to be defective. Do you send it back to manufacturer or to retailer, Amazon or Future shop?
I understand your point about retailers, but I think that applies to brick and mortar retailers.
Nowadays, we are dealing with many types of retailing entities. Manufacturers as retailers, B & M stores, online retailers and there are other sources to buy BNIB unused items as well. In answer to your question about what I do when I buy something at Amazon or Future Shop, it depends what it is. If it's an Apple item, I contact Apple first. Same with Lenovo.
If a retailer sells you a BNIB device, are they really 'implying that it's operational'? I'm not so sure. How does a retailer know what's operational and what's not among the thousands of devices sitting on his shelves? Does he failure test 1 in every 25 units for every piece he sells in order to maintain a database of potential failure rate? Of course not. The retailer is a conduit between the manufacturer and the buyer. Ultimate responsibility for a product lies with the manufacturer, not the retailer.
Big box stores like Future Shop or Amazon (very big box) provide returns as a courtesy, and that's great. But the primary responsibility for a piece of gear is the maker, in my view.
In this case, there's a weird thing going on where the 'maker' Google contracted the making of the unit out to a hardware sub-contractor, who is now also selling the unit on a retail level! But it's still a Google tablet.