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UK law (sale of goods act) does state that you are entitled to a refund or exchange if an item is faulty within 28 days I think, so you should be fine, your contract is with the seller not the manufacturer.
have you tried charging it overnight and then reset slide top switch (sometimes people forget to do the switch after reset)
Just noticed the pic, it does look busted.......Waterstones should exchange it for you.
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