HT201263 ipod is disabled and we have never synced with laptop. How or what can we do to fix

ipod is disabled
connect to itunes
message displayed on ipod
we have never syncd with laptop
(ipod was lost people who found it must of tried to access before handing it in)
what can we do to fix
called apple and tried everything suggested no luck
do we need to pay to fix as ipod is now 100 days old
many thanks
rohwalk

Firstly you can check to see how much warranty is left using this link.
https://selfsolve.apple.com/agreementWarrantyDynamic.do
Secondly if the device has become disabled due to someone entering the wrong code this article should help.
http://support.apple.com/kb/HT1212

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