I misspoke when I said EBay, and I agree with you that Amazon is several steps above EBay. But even with Amazon you have to check closely to make sure you’re dealing with Amazon itself or with a reliable vendor.
I recently bought a surface Pro 3 with the keyboard and docking station. On Amazon it would have been three different vendors. I bought from Microsoft instead. It was a little more but I figured if I had any problems it would be a lot better just dealing with Microsoft.
New in box from a vendor that I knew had problems. I was glad to get the price, but problems were on me.
Otherwise, it sounds like fraud if the guy buys something as new-in-box and gets something different. Then, Amazon needs to pay. That's just fraud, plain and simple.
/johnny