I browsed through a couple of their offerings and found nothing regarding refurbished/used condition of the goods. The about section does mention it, but not on the actual sales page itself.
This is what's been said on the "about" page:
gpuShack offers deeply discounted products from the refurbishing arms of their respective manufacturers. All prices are in USD.
All Products sold on gpuShack are thoroughly tested and guaranteed to work as expected, and to meet expectations. Some products' heatsinks, fans, or shrouds, may have light cosmetic damage such as light scratches.
I have a limited knowledge about computer hardware, but I don't think that refurbished goods should be in that kind of condition. That looks very dirty in the pictures that you uploaded.
Anyways, I think they should at least give you a chance to refund since it wasn't stated clearly on the item description page that it was refurbished, and the condition the actual goods are in doesn't seem very refurbished to me. But that's just my opinion.
BTW, this is the right section, since you are accusing them of being shady/scam.