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The OWC page says “new,” so that precludes refurb, but I don’t know if it precludes returns.
Returned product can’t be held out as new. At least not in California, where Frys Electronics was sued by the Santa Clara County district attorney’s office consumer fraud division for doing just that. They were re-shrinkwrapping returned product and putting it back onto the shelf with no indication it wasn’t new. It’s fraudulent misrepresentation and unfair competition at a minimum.
 
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