AJlikeswatches - illegal restocking fee

[agent_orange]

Hi,

For a long time - I really wanted to get a Rolex Explorer 1 - reference 214270, 39mm with an MK2 dial.
This model was discontinued by Rolex for the smaller 36mm. Nonetheless, I REALLY wanted the 39mm version and was ready to pay a premium.
I intended to wear the piece only on special occasions and wanted it NEW without ANY wear marks.
I found a few options in the US and decided to go for a dealer in NYC that goes under the following names:

AJlikeswatches
or
AJA Diamonds & Watches
or
Manhattan Buyers inc.
The business appears to be operated by: Arthur J. Abramov and Dennis Shamoff. They also have a Chrono24 page

With successful and pleasant transactions in the past - Chrono24 is my go to place when looking for a new watch.
I thought about completing the deal through Chrono24 this time as well - but was suggested by the dealer to go direct instead for a better price.
It turns out that this is a violation of Chrono24 rules but I honestly didn't know at the time.
Anyways, I decided to trust the dealer and go direct for the promise of a better price.
I explicitly mentioned to him how important it was to me for the watch to be NEW with absolutely ZERO signs of wear.
He reassured me that it's absolutely perfect and has NO signs of wear - "Nothing" as he said. So I wired the money ( 10,995$ ).

The box arrived in a few days. But after close inspection I immediately saw that the watch had obvious wear marks:
1. 3 Dings on the right lower lug.
2. 2 wide scratches on the case back.
3. A scratch on the bezel.
4. A wide scratch on the clasp.

Disappointed and upset - I immediately took pictures of the damage and contacted the dealer.
Instead of being apologetic about the watch having wear marks - he was dismissive and claimed the damages are minor.
He said: "These are microscopic" and suggested: "If you want I can buff them out for you".
I explained to him that "NEW" means absolutely no damage and that I want to return the watch.

At this point he said that accepting back the watch will involve a restocking fee of a 1000$.
I urged him to forgo the restocking fee because it's unlawful to charge a fee for a watch that was sold as NEW but turned out to have damage marks.
Unfortunately, this was to no vein and he insisted on the 1000$.

I sent him the watch and he refunded me a partial amount of: 10,000$.
I filled a complaint with NYC's department of commerce and they suggested me to file a lawsuit against the dealer in a small claims court.

At the moment of posting - the watch is still listed on Chrono24
As well as on the dealers private site

The Rolex Serial Number of the watch is: 9P0164W3.