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How would you proceed?

I purchased a mophie phone case (which is extra battery & extra memory) for my daughter. Seller listed as brand new...when received I noticed there was no seal and a missing charge cord. Seller says I've no idea-it was new. Fine. Next day come to witness hundreds of photos on the phone case had been downloaded. Clearly Not A New Item! But I've already purchased a Squaretrade warranty on the item! What to do? Return it, and let someone else be duped by not new item? 

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Re: How would you proceed?

Open a case for ITEM NOT AS DESCRIBED in the Resolution Center.

Nothing tastes as good as being thin feels.
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