If they're buying something as "new" and getting something that has been returned and is not factory sealed then they're getting ripped off. This time the buyer caught it, but what if it had been swapped for the same item with 80% of it's expected life used?

Even though the HDD was a warehouse deal, Amazon is getting scammed in the "new and sealed" department as well.

When I bought a new NZXT AOI cooler Amazon sent me the original box with a fake seal sticker on it. The original contents were taken out and the box was filled with an old used Corsair cooler and some random electronics. Even the manual was replaced with one for a pull up bar.

Amazon could have known the sticker was fake because it was just a blank sticker without a logo and the box should be completely sealed in plastic when new.

In this case it was a known return. That's what amazon warehouse deals is.

Ah, I missed that. Good point and you're right this is the risk you take buying returned goods.

They might not. Less technically savvy users may not realize that the performance on their "new" video card is less than it should be. Or they might realize too late and miss the window on their return. Or they might just give up because uninstalling the device, packaging and returning it is too much of a pain in the ass.

If this is a "mild inconvenience" to the individual who has to deal with identifying that their product is not what they ordered and returning it, are you suggesting that Amazon--a company with a $1.4 TRILLION market cap--is somehow the real victim?