XFX 8800 GTS 640

Hi I bouthg this item on ebay for £250. on the descrption it says thta it was brand new... however when Itook it out of the bag there was dust inside.. I contacted the seller and he told me that the dust was due to testing before sending the goods., furthermore the card also included a game but it was all scratched badly.... Now I am asking for a refudn but he says that he would not and reassure me that the card is new...

any advice.. I will submit the case to ebay on the 22 as you need to wait 10 days .