Don't get a refund then, get a replacement of the same product. The shop must do that if its under guarantee as its obviously hardware.
Some companies though don't care. I'm not sure about Creative in that respect, but I own one player from them, the Zen Vision M.
Had it for around a year and a bit now with no issues, but defected models do happen
I don't personally like the way they seem to follow the Apple crowd though, and don't think much themselves in terms of design and functionality too much.
The new player on their website for instance screams Apple Shuffle.