Product: Payday loan, title loan, personal loan, or advance loan

I'm not sure if I am filing this under the correct reason. I purchased a device for {$130.00} on XX/XX/XXXX on XXXX, and paid using Sezzle. The device arrived on XX/XX/XXXX. I was travelling for the XXXX XXXX  and arrived home on XX/XX/XXXX to open the package ( Travel dates : XX/XX/XXXX through XX/XX/XXXX ). There was signs of prior ownership/use and the device was entirely nonfunctional. I informed XXXX the day after I opened the package ( XX/XX/XXXX ) and discovered the state of the device. They were ( and continue to be ) unwilling to help at all, despite me providing more than enough evidence of defect and mentioning the consumer laws they'd be in violation of. The only " solution '' ( illegal ) offered to me was seek warranty through manufacturer of the device. 

I then sought to dispute the transaction through Sezzle. I uploaded a my email exchange with XXXX a link to a video of the defect, GPS tracking information of my car to prove I was not present for the delivery, as well as geolocation/time data of photos I took on the trip. Sezzle closed the dispute a few days later citing " Insufficient evidence to pursue dispute. Please work with the merchant/manufacturer for further assistance ''. I provided more than enough information to pursue a dispute. I then called Sezzle on XX/XX/XXXX to get information as to why there wasnt enough evidence. The customer support agent was also confused, as the device was defective based on the evidence I provided and it should've been pursued. He sent the dispute to be reviewed by the Sezzle dispute team once more. A few days later I recieved an email that the dispute was denied, once again. The reason being that they are " can not pursue a dispute with the merchant because according to the merchant returns policy, items must be unopened and unused to claim refund or store credit '', and that they the payment provider, they " are obligated to follow merchant policies ''. This is a blatant violation of my consumer rights, by both XXXX and Sezzle. The device I recieved was UNSEALED, USED, and DEFECTIVE. Regardless, it is IMPOSSIBLE to expect a consumer to identify a defect WITHOUT opening the package. Legally, Merchant policy CAN NOT override consumer laws that protect me in this scenario. XXXX is in breach of contract by sending me a used, nonfunctional device. 

I replied to the email I recieved from Sezzle ( which instructed me to respond with further questions ) on XX/XX/XXXX, explaining the entire situation and the laws that govern it. I never got a response. I have since removed all money from the card I connected to sezzle to avoid them collecting any further payments waiting for a response. I got a notice that my account will be suspended and the delinquency will be reported to credit bureaus. I called Sezzle once more on XX/XX/XXXX to explain the situation again, and that they were violating my consumer rights. The dispute was put into review once more, and declined for the exact same reason : merchant return policies. What is the point of a dispute then? I responded to the email from Sezzle, explaining the exact laws that XXXX and Sezzle were in willful violation of. 

If this does not get resolved and my credit is negatively affected, I will not hesitate to sue both Sezzle and XXXX for a full refund and additional damages.