Ebuyer!! Can I find out if I was sent a used motherboard?

[Robscomputer]

Got a load of components from ebuyer recently for a build, just got round to putting it together last weekend and I swear the motherboard has been used. The chipset is all scratched, the holes on the board where it screws into the case has pins missing on some of them and I'm sure I could see a indentation where the heatsink holes are as if a heatsink had already been installed. I rang them up about it and they said it is new and because I didn't notify them within 7days they can't do anything. It was the most expensive component in the build so I'm pretty annoyed.
Isnt there a internal clock that is battery operated that keeps time and date? Can I somehow get solid proof from it to see if it's been used?
I'll post up some pics of the motherboard

 

[Robscomputer]

Can't work out how to post pictures. Sending from my phone and the pictures are on my phone

 

[DonkeyOatie]

Can't work out how to post pictures. Sending from my phone and the pictures are on my phone

Host the pictures somewhere like Tinypic

then use the BBL {img} Url to picture {/img} syntax, only with [] brackets.

{img]http://i62.tinypic.com/2crkj6r.jpg[/img]

 

[Robscomputer]

Can't work out how to post pictures. Sending from my phone and the pictures are on my phone

 

[DonkeyOatie]

Can't see them

 

[Robscomputer]

pictures are up now. checked the box and there's no warranty, is there supposed to be one? also nothing was sealed up (the box and the static wrapper the board comes in)

 

[DonkeyOatie]

Yes, it should be sealed and small missing parts is a sign of an open-box return or a refurbished unit.

I would expect to see signs of flattening on the top of the metal parts around the motherboard holes if screws had been inserted and tightened.

 

[Robscomputer]

Is there anything that can tell me when it's been in use? Or maybe I can ring up Microsoft and see if they've had the motherboard listed in a different system?

 

[DonkeyOatie]

I have never had to set time and date on a new board.

 

[hang-the-9]

pictures are up now. checked the box and there's no warranty, is there supposed to be one? also nothing was sealed up (the box and the static wrapper the board comes in)

If the items were not sealed, they were opened, you just have to deal with the company to get them to take it back, or contact ASUS and tell them what happened. If their dealers are selling used parts as new, they can pull the rights of the company to be an authorized re-seller.

 

[Robscomputer]

I already contacted them, they just say its new. Ive been doing some digging on ebuyer and apparently its not the first time they have sent second hand items out. Seems they have alot of small claims cases against them for this. Which unfortunately looks like its the route I am going to have to take. contacted microsoft but said they couldn't help but not sure he knew what I was talking about. Im going to contact asus and see if they can help.

 

[Robscomputer]

so in trying to find out if this motherboard is second hand I thought I would have a little look in the bios and see if I could find anything, well well well......

 

[hang-the-9]

Report them to the BBB, Microsoft would have 0 to do with this, it's not an issue with their software. Unfortunately the company does not care much about their reputation since they already have cases like this out there, so they are not likely to exchange the motherboard. You may as well just use it unless ASUS does something. If it's bad, return it then.

 

[doctor8ball]

When were the goods delivered and when did you actually report the issue to buyer?
It looks like breaches of the Consumer Contracts Regulations 2014 and Sales of Goods Act 1979.
It must be as described, fit for purpose and with no defects.

Well it isn't as described nor is it free from defects.
You really need to talk to a manager at ebuyer and explain they are in breach of the above.
Also send a letter to them stating you're rejecting the goods and demand a full refund. Lots of templated letters to use.
As this has nothing to do with the cooling off period you will incur no further charges such as stocking fee or delivery back to them. Full refund minus nothing. That's the law.