Gamestop has the practice of opening games and putting the empty boxes on the shelves. The games have never been played, but they don't have the factory shrink wrap. By definition, they are new. I know everyone likes to complain about it and cry because they didn't get to peel the shrink wrap off themselves, but if you must go buy somewhere else.
As for this instance, maybe their online store got left over product from a brick & mortar store and then shipped it out. If their stores use that practice, then by definition it is new and never used and there was no deception.
If you don't like how it is wrapped, then return it and complain. Then buy from someone like Amazon who doesn't unwrap your item for you.
Personally, if I was concerned, I would snap a photo and then open it. If the disc was scratched or showed any usage I would complain and show them proof of how it arrived. Otherwise I would enjoy my product.
