Returned my 8GB iPod Touch -- 10% fee

I returned my 8gb ipod touch today at the Walnut Creek store. I had problems view dark scenes, namely, dark skinned people. The guy said he would show his manager and he said the manager didn't see anything wrong with it. I only had 1 video on it, Episode 2 of Heroes. So, as my headline says, I got charged the 10% restocking fee.
I'm pretty bummed about it too b/c I was told at the SF Apple store (where I bought it) that I could return it w/o a restocking fee. I didn't have my receipt and box w/ me at the time so I figured I would just return it at another store.
The guy helping me didn't seem like he was going to budge and I didn't feel like pushing the issue or causing a scene so I just paid the 10% fee.
Even my wife, when she first viewed video on the lcd screen, asked, "why is it so dark"?
Lesson learned, WAIT a while before buying the latest product or else you'll pay (either w/ a restocking fee, your time, or both).

I'd go back and get your full reimbursement. Show them these discussion boards. Many people have swapped out/returned their touches without having to pay the fee, myself included. Forty bucks is forty bucks, y'know?
For Apple Retail not to have a uniform policy on this is not only outrageous, but also simply unfair. I'm willing to give them the benefit of the doubt at the moment since this is a brand new product, but a statement needs to be made ASAP.

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