Why are people attacking the OP and defending Apple?
He did wait to the last minute, and that isn't something I would usually do. But, despite this, the Apple rep he called on Jan 2nd said that he would be fine, and to call back tomorrow.
He was either misinformed or lied to, either way, Apple should probably work with him.
This is a multi-billon to trillion dollar company people. I know you all love Apple, and since you (as have I) have dished out way to much money to this company, you want to hold them in a perfect light. They are not perfect, there are driven by profit and the bottom line like any other company.
You can love your Apple devices, and still hold the company you paid large sums of money to accountable. Its the smart thing to do.
OP, I hope you get your issued resolved. In the future, though I know it doesn't help you now, click on the return button the minute you decide you are going to return it. Actually, click on it if you are still debating. Apple will then give you a return label and an end-date at which you need to turn in your device to Fedex, etc.
I did the same recently, only with AirPods. I loved the concept, and though the sound wasn't as good as my Jaybird X3s, I was going to keep them. But I was having trouble getting them to stay in my ear, so I initiated a return online. I was given a return label and about 3 weeks to mail the product in. About 5 days later (yesterday), I finally gave up and mailed the product back for a refund. I guess I have oddly shaped ears, but the damn things fell out no matter what I did.