In need of quick advice!

Alright, I just bought a 16 gb nano from Best Buy. Since getting home I've noticed that there are some scratches on the case, and doesn't Apple usually ship the ipods with the lock on? Because the one I bought has it off. Am I being paranoid, or would it seem like I got one that was used and brought back? The sticker at the top looks like its on well, but it looks slightly out of place... So my questions are, did I get a returned ipod, and if so, should I bring it back, or try it out and see how things go?

You said the case is scratched. Well being a former best buy employer and also dealing with ipods on a daily basis. The cases can be scratched. They aren't always wrapped one by one etc. Most times they are shipped to best buy stores (from best buy warehouses) in plastic crates with also other products most times with accessories (headphones, cases, etc). so cases can and will be scratched a lil bit. and doesnt mean they wont work. If you feel weird about the product. Return it! Thats part of a Customers Right. and Part of "Lemon" product rule. (if a product is messed up from warehouse or just flat out crap, its up to the store to take it back from you (and return to the manufacture)and give you another product if your wanting another.
However if the ipod it self seems out of place even if the Seal (tape) seemed to be fine. Go to best buy.
and here are some tips to make your visit quicker and less stressful.
As you enter let the (person in Yellow in the front) place a sticker on the product. (tell them your are there to question/return) (they will tell you to go to the Customer Service Desk).
However just Go right to best buy MOBILE section (where ipods are).
Get a Mobile employee which wont always be there lol. but anyways. tell them Hey look this ipod i just got, i feel may have been messed up etc..show them the product, and let them know that though its the case, thats scratched but you don't want to take a chance on it have being damaged in shipping etc....(however, when you walk in the store, and it looks very slow, (not many customers (mainly you can tell by, if the employees are bored and chattin) lol..you can just go ahead and ask (person in the yellow) you want to speak to a manager (however, it can tell a while for one to get to you).
They will then find out if they have more of that color etc still in stock. then the will walk you up to customer service with the product (its a safety thing they do) incase someone wants to run out with a ipod lol. then they can help you out from there with an exchange. by the way you may want to get a Product Replacement plan with BBY they are a few bucks. but I tell you. they really do work and pay for them selves. b/c if ur ipod is damaged (other than not being dropped, thrown, water on them etc). they will quickly exchange the product for you.
Now these are just some tips. how to deal with best buy and doing an exchange.
if you go to Customer Service First. just notice, those employees can't do anything, other than to tell you to go talk to one of the MOBILE experts. (and some customer service people, will tell you "yeah you can't return that". ) and then once they help you, then you have to go back to customer service and wait in line to exchange or return etc.

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