The seller may not have realised what had happened - but if it is the same spec and does what you expected of it - why worry?
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well there is only 1 ocz 8800gtx auction i can find on ebay so i'm assuming thats the right one, i can see nothing wrong with the auction though i think you paid a bit much considering they can be had for £240 or less new
and i also doubt that ocz's would honour the warranty with it being second hand and an rma replacement