Can I get a replacement set of EarPods since they are less than a year old, and the wires are shorting inside? (No receipt as it was a gift.)

I emailed Apple Support about this, but I have not gotten an email back. It has been at least a few weeks. Should I just take them into the mall store? In their case if I can find it? I wouldn't want them to think I was stealing them though, since I wasn't gifted a receipt. I figure they should be under manufacturer warranty since they came out with the iPhone 5 on Sept. 22nd, 2012 less than a year ago.
The rubber part by the input jack has rubbed off, and the part where the right headphone wire (with the volume adjuster) connects to the top of the part that compines the wires, pulls up exposing the wires. Is it considered abuse if I just use them normally and the materials used to make the item *****? (Their headphones have always had problems.)
Thanks

Go to the local apple store and they will most likely replace them because they are less then a year old. It is worth trying.

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