Intonation on Gibsons is often more of a problem than other guitars, does that have fat frets? The toggle switch should be right and the thing should hold tune properly. Those are basic setup issues. I would suggest you contact the seller listing the issues and tell them you are getting a quote on putting them right if not you will be returning it.
As I mentioned in another thread, factory setups are not about getting everything spot on as everyone has a different idea of what they need from a setup but intonation and tuning stability should be right regardless. They may need tweaking after you have the setup and string set YOU want but they should still be good for the setup that is there already. The toggle problem is unforgivable that should never get out the factory like that. Be assertive, polite and don't take no for an answer. You will be living with this guitar for a while and have put up solid cash for it, you deserve to get it as described....