Quoted from Pinphila:
Dispute this already if you paid with cc via gift. Take him to small claims court. My buddy did it with an unscrupulous seller who lied about condition and won. He had the original ad and pics of his game. Judge agreed. Make these low life's pay.
This - if you continue to do nothing, he continues at doing this crap. As long as people continue to get away with this garbage, they will continue on this same path, but when people start fighting back it "may" make them more honest (or maybe not).