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Wow George, I would definitively ask Buds for a new one. It should be Factory New. Buds customer service (859) 368-0371 9am-9pm mon-fri
George, I would first take pictures of the package and magazine just in case they need proof and then contact Buds and let them know the condition of both. They can either replace or refund your money (They can do an insurance claim themselves if necessary) at LiveChat (available from 9AM to 9PM 7 days a week), the "Blue Chat Button" at the bottom right of the page, or phoning at (859) 368-0371 (available 9AM to 9PM EST Monday through Friday).
Contact customer service (859) 368-0371 available 9AM to 9PM CST Monday through Friday or use the blue chat now button . we are not buds employees we are volunteers that answer questions