Ohio has a specific "New for Used" law that makes it illegal for a merchant to sell anything to a consumer and represent it to be in new condition when, in fact, it is in used condition. It is called the New for Used Rule and it's in the Ohio Administrative Code at OAC 109:4-3-08. "Used" under this law includes reconditioned and refurbished and rebuilt. This is part of the Ohio Consumer Sales Practices Act, at RC 1345.01 and section .09 gives you the right to cancel the sale or recover a minimum of triple damages or $200 from the retailer. You should ask for a refund or replacement and if it doesn't work out and the cost was small enough then you may file a claim in your local small claims court. You can find these two laws online.
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