Non-Return Fee and not having the part.

For my Airpod generation 2, I am missing the left airpod. So when I bought the replacement for the left airpod, the email is asking for me to give back the product and clearly I can't give it back due to it being missing. And the email says "Apple will charge you the non-return fee if we don't receive the item within 10 days or if our technicians determine that the item has been misused.", so will be charged the Non-Return Fee AND receive my replacement airpod?