new item promised by seller but received used ones

I have purchased Nokia 5800 xpress music against Item number #390069333575 + free DVD player with it which was with transit insurance. Transportation outer box packing was good and intact.
The offer listed the new Nokia 5800 set, But Box seal of N5800 found broken.
Free DVD player received with it found not working
When mailed about fact to seller (retaileshop85) Dtd 24/07/2009 9:50 PM. They did not even bother to reply.
I am not confident weather product (N5800) or its accessories are new or used.(At present I am using the same due to non reply from seller)
Even DVD Player is not working what should be understood from that??? (I have given it for repairs at my cost)
I am very much unsatisfied with the deal.
Hope my concerns are understood it is me the end user who is in loss some penalty has to be there for such type of transactions by seller.

Regards
Guirish
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