Product: Credit card or prepaid card

On XXXX, XXXX I purchased what was advertised as a XXXX*Brand New In Box** XXXX XXXX Programmable Thermidistate that was advertised on XXXX. It cost {$460.00} + {$10.00} shipping + {$39.00} tax for a total of {$520.00}. The merchant is XXXX XXXX, XXXX. The purchase was made using my Discover credit card via XXXX. When I received the item on XXXX XXXX, XXXX it was in a USPS shipping box ( not the original box ) wrapped in bubble wrap, clearly was a used thermidistate and was missing a part. I immediately emailed XXXX XXXX asking him to address the issues. He offered to send me the missing part, refund me if I returned it or he had a different brand, brand new in the box. At this point I had no desire to continue to do business with a dishonest merchant so I elected to return it. Reluctantly, per his request on XXXX XXXX, XXXX ( I waited until after the XXXX rush ) I paid another {$8.00} to have the used item shipped back to him. The {$8.00} included a tracking number and up to {$50.00} insurance but the claim has to be filed within 120 days so that time has passed to even file a claim with USPS. Not to mention now the tracking number has also be archived. I didn't take out any extra insurance because I was certain I was covered under XXXX 's and/or Discover 's Consumer Protection Policy considering he advertised a new item and sent me a used item. Unfortunately, according to the USPS tracking number it was never delivered to him. After waiting a reasonable amount of time for it to be delivered, I opened a dispute with XXXX. After getting the run arounds with XXXX ( they were waiting for the item to be delivered ) I had no choice but to open a dispute with Discover on XXXX XXXX, XXXX to keep from having to pay the {$520.00} charge. I have had to reopen the dispute several times with Discover because they keep resolving the case in the merchant 's favor and apparently XXXX responds back that it is a valid charge. XXXX will no longer talk to me about it since I opened a dispute with Discover. I reached out to the Executive Office for Discover to file a complaint. I spoke to XXXX in the XXXX office ( XXXX ) he said he would reopen the case and review it XXXX final time. The " Final review in progress '' was posted on my account on XX/XX/1922. After not hearing anything XXXX followed-up on XXXX XXXX to only be told from XXXX the review had been finalized and it was in the merchant 's favor. I told him I don't understand how that could be and offered to send him pictures of the used item I received. He basically told me he had no way of knowing that is what I received. Unbelievable, even after I provided them with email documentation from the merchant where he did not deny sending me a used one instead of the a new one as advertised. As of XX/XX/1922 I had not received my letter stating it has been resolved so I followed-up again to find out where my letter is. I was not given a reason as to why I have not received my letter. I need the letter because I'm going to continue to pursue this. As a consumer neither XXXX nor Discover has protected me. To this day, XXXX XXXX I have not received any documentation from Discover and it still shows Final review in progress. I'm thankful the charge is not showing up yet but I'm ready to get this resolved. I've been dealing with this since XXXX XXXX, XXXX.