Office Max Restocking fee for defective items? Placerville, California

Recently my husband and I bought a wall phone for our land line at Office Max.  We got it home, and went through the trouble of getting it set up, the time programmed and so on, only to find that when people called us, they couldn't hear anything when we answered.  We tried troubleshooting it, and finally determined that it was defective.

We packaged the phone back up, and my husband returned it that same day that we bought it.  They tried to charge us a "restocking fee"!  I restocking fee?  Really?  For defective equipment? 

Of course, my husband fought it and they decided that, okay - just this once - they would not charge us the restocking fee - like they were doing us a big favor!  When my husband came home and told me about it, I was absolutely livid!  How dare they try to charge us a restocking fee for their defective equipment?!  We should be charging them for the time we wasted with that phone!  I will not shop at Office Max again.  They are hearby banned.