Who did you buy it off on ebay? Avalon do sell guitars on ebay under the name irishguitars, and some guitar shops do sell new guitars on ebay. Even a private seller who bought the guitar and never played it would in my mind be selling a new instrument, even though legally speaking it would be second hand.
technically speaking, the warranty is only valid for the original owner, but if you've still got the warranty card I would have been tempted to try it. However, you've scuppered your chances by asking because JB who posts a lot on here is an Avalon employee, so he'll be wise to a John from Durham's warranty request.