Is it new? - AGM Global Vision OPMOD Rattler TS50-640 2.5-20x50mm Thermal Rifle Scope

Got my new? scope but batteries were out of the wrapper and dead. some minor finger prints but otherwise everything looks ok. A bit disappointed that the scope is not untouched. Everything was reboxed ok, no obvious damage but it definitely makes me leery when the customer service agent says that it is definitely new and never been returned and keeps pushing a return on me or a 150 dollar refund.