Yikes. Seems to be hit or miss with them. I bought a Husky a while back that came as described (I called to inquire just like you did)... But they shipped it in a cardboard box with no other packing or padding. I almost fell over when the FFL opened it up.

I've seen some of their descriptions where they say it's welded or non-functioning... but seems like you've got a pretty good fraud argument. Freeze charge with credit card company?