You have three options to choose from - new, used and refurbished. I bought the new one and it was exactly that - brand new. I love it. Mine was with WIFI and Verizon, which I didn't realize I had to register it with verizon before it worked properly. Once done, it operates beautifully. I recommend it. My friend ordered a refurbished one and has never had any problems with hers either.
This one was used (mint condition) and a good price, I love the size & weight, I travel a lot so I load approx 30 movies for my long flights, wifi is a plus for reading and responding to emails, the only thing missing is a phone feature .. I'm not sure about the warranty, but unless you drop it in the pool, it'll probably go for a while ,,