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Thankfully, that has never happened to me (knock on wood). But I have heard of DVD/CD store employees stealing brand-new DVDs/CDs out of their cases, and then re-sealing the cases.
Go back to the store (or, if it was an online store, call/email customer service) and tell them what happened. Any reputable shop that has even an ounce of professionalism will apologize profusely and give you a replacement DVD, no questions asked.
If they give you an argument (and if you paid with a credit card) then tell them you will call your credit card company and put a stop-payment order on the purchase. Whatever you do, do not take no for an answer.
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