First off, I know that after just one day on the car, the intercooler would have marks/scratches on it, and the fins would bend. That is not the point. When you pay for something, you do so in confidence that you will receive the correct product, as was described to you before buying. I have seen it, and it is marked, and IMO those particular marks could not have been put there without it being used.
It's very hard to accurately re-sell something from someone who has told you one thing, and then turns around and tells you later on that the first lot of information provided to you was incorrect (ie. that the lanyards/hats/whatever were genuine). I think what's happening here, is an honest miscommunication. People don't really give a f*kc whether what they're buying is 'genuine'. As if half the stuff we buy nowadays is! The whole point is that you are not getting what you are TOLD you are getting. I'm totally happy with the fact that i'm buying something non-genuine, as long as I know that straight away.