[quote name='PaP3rKuT']welll im sure they will take it back if its open since i have seen people returning and exchanging pc games stating that it was missing disc, cd key, etc...and i have basically return almost everything besides opened video games...[/QUOTE]
I've taken back Serious Sam: Second Encounter for the Xbox. The disk skipped horribly. I couldn't even play the game. My Xbox is mostly untouched since I bought it and I have never had that problem with any other games (including used) so I returned it back to them and told them it was defected. The packaging looked repackaged anyway when I first got it. But because it was on sale and the only one left, I got it. The refunded my all my money. I didn't get store credit.
If I can return that, I'm sure you can return an iPod case.