Just i received iphone 4S, earpod can't insert with the iphone. Becuase of the hole was slope. Can i claim that with the new one.

I ordered online iphone 4S (Red Fri). Recently i received and found that can not insert earpod. Due to the hole of iphone was quite slop. There are 2 question. First i can claim the iphone. And second one is how long i get the new one.   

if it's under warrenty and they judge that it was a defect from the build not something the user made by mistreating then yes

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