are these new or refurbished?

I got a bait-and-switch from this vendor. First it was "Sorry, I just got a call from the warehouse. We don't have any of the sliver. We have one left but it's the gold color case. Is that OK?" When I said that was fine they replied with. "Ok, It's been in a display case but it's brand new ...." I stopped them there and canceled the order. Yeah, sorry, no.