Would not honor exchange policy

This adult book store's policy is that you can only exchange movies for the same product. None of the DVD's are sold new in the shrink wrap. Instead they are kept in a binder and the cases are on the shelf. You can "preview" the movies in their booths. I paid $45 for a movie with 2 disks and a soundtrack. Disc 2 and the soundtrack were fine. Disc 1 was scratched along the outside to the point that it would not play. When I called to ask if they had another copy I could exchange it for I was told that all the DVD's are new and I must have done the damage. Furthermore, when I protested I was hung up on.