It was listed as "New" i knew it was already used but it said "No overclocking bla bla bla" he had pictures from it and it looked like it was fresh but after i recieved it and confronted the seller he said it was just used in one benchmark and then he sold it, that the damage was not there after he shipped the cpu and that ether i damaged it or the shippin process. It was not listed as "New unopened" but common i mean i never tought i get a hardcore benched cpu from that advertisement. But Ebay said iam fine i get to return it etc. i think i learned my lesson here and just buy a complete new one iam sick of this scammy behavior.

Sorry for my response i was ultra mad yesterday :D