Timtechs LLC misrepresented product being sold. Sold cell phone in U.S. made for European market and frequencies. Phone will not work as advertised in U.S.

I purchased a Samsung Omnia i900 cell phone from http://www.timtechs.com. This phone is advertised on one of their web site pages: http://www.timtechs.com/samsung_sgh_i900_omnia_unlocked_prd365.html.

One of the claims made for the phone on TimTechs site is:
Quick Connect
Waiting for downloads is history with EDGE and 3G HSDPA connectivity. What Timtechs fails to advise or warn is that the phone is that the 3G and HSDPA features will not work in the U.S. market, since the phone is made for the European market.

My first indication of the above is that the phone was shipped to me from Hong Kong, not from Newark, DE 19711 United States, the address listed on their web site, and that the phone was not called Omnia, but Player Addict, and that the only manual shipped with the phone was in FRENCH. No English language manual was included.

After numerous email exchanges with TimTechs I was told:
"Please be advised that as per our terms and conditions, we often supply phones of different versions and from different areas. This is due to the fact that our phones are imported. If it were to be an American model then this would have been stated in either the product title or the colour option selection. Therefore it is not the case that we have shipped the wrong phone. This would be where the UTMS band differences be..."

In reading their "terms and conditions" I see no reference to what was mentioned. In any case, this information is well hidden on their web site and nowhere in the product information does it state that the phone may be made for a different market, or use different frequencies than those used in the U.S.

When I talked about returning the phone, I was told that I would be charged 20% or more restocking fee, which in this case amounts to more than U.S. $80.00, and if I don't agree to those terms and conditions, I cannot return the phone.

Bottom line, I paid $400 for a phone that won't work as advertised in the U.S. This should have been clearly stated in the ad for the phone.