Refund on returning a broken phone I recieved

 if a company sells you and delivers to you a broken phone that never activated after 2 xs the 24 hour activation failed , so 48 hours after I recieved it I packed it back up and returned it , now should I have to pay 35 dollars to restock?  

And if they did restock the broken phone then they will send it to some one else next time they sell that phone , the person will not be able to activate it so then they will return it and get charged 35 dollars. 

So that means this s23 I have that I have been saying I got defective but the reps insist they don't sell used phones so why restocking fee ? 

This is a clear case of I got yall with your pants down so do yall sell used phones or not if no why the restock fee? And don't say FedEx cause you sent a broken phone so u pay the return not me.  Give me my 35 or do we go to court for this ?