Sorry, I thought it was an open box item - my bad...
It appears based on your description, that it is a returned item (someone who bought it but return it for whatever reasons) - and then without doing some detail inspection, the vendor put it back on the shelf again, to ready to ship to the new buyer. This kind of thing happens all the time, even more so in retail camera shop. Believe me, the first K100D I bought from Futureshop is like that, I know someone has opened the box before.
In your case, I would ask talk to them about a replacement item or full refund and purchase it again since you are not happy with the one they sent you. The worst case scenario is you have to pay the shipping for the RMA (which is a hassle also) - but at the end you want to make sure you get what you pay for.