OP

Quoted from eXidy:

I was still in open discussion with this guy, I told him I just wanted some money back and id deal with the game.

I wouldn't fight to keep the game and the money too. You wont win in court that way. Remember courts are there to make you "whole" again. If the credit card company or small claims court judge sees you as greedy, you may loose. If you tell them you just want to be whole again, you stand a good chance of winning this one.
Fight for the cost of the machine, transportation and court costs to bring it to court. Don't fight for loss of work or emotional stress. This isn't that type of case.