Question RMA Advice

[PortalMasterG1]

So I was wondering if someone could give me some advice here. a while ago I sent in my faulty gpu (Gtx 1080ti) to my retailer for testing and they found it to be faulty.
They eventually replaced it with a used card of the exact same model but I know for a fact this replacement card was bought through a buy and sell used tech site (How I came in to this info is irrelevant)
a couple of months down the line I decided to do a x3 monitor setup and then realized one display port is dead. So I sent it back in for rma still being under warranty (awaiting assessment from them), and now suddenly I see one of the guys from their technical team which is also registered on this buy and sell site (small community) closing a deal on a card of this exact model.
So I suspect they will send me this pre-owned card again. Just a backstory, this retailer imports these brand directly from overseas (they don't have a local base) so they sort the rma themselves because sending it back to manufacturer takes around 1 - 2 months. So now, my question is:

1. Am I in my rights to refuse this pre-owned possibly mishandled or mined replacement card and ask for an alternative option?
2. Usually with an rma, if sent a refurbished replacement, isn't the unit supposed to be tested and verified refurbished by the manufacturer company themselves?

 

[richiestang_78]

What country are you in, retail/warranty/etc laws vary wildly from country to country.

Also typically you RMA a card to the manufacturer, not the seller so you may be subject to whatever terms of service the retailer has if you chose to go through them.