I've nearly done the same thing myself a few times. The auctions I'm referring to though were not mistakes. The word NEW was prominently displayed in the sellers description. In fact, in the auction for the chip I am returning, the seller even touted how much more the item was worth because it was in NEW condition.
I'm not saying the person who sold me the chips was trying to be dishonest. I think he is just not taking a good enough look at the chips he is selling. If he is going to advertise them as NEW, then he ought to make sure they are new. That probably means looking at them with a magnifying glass to make sure.
Greg