New iPhone 5 headphones don't work. What do I do?

Just opened up my new headphones and they were static right away but when I twisted it around a little it worked.. In one ear. Ugh! I've been putting off buying headphones because I knew I would be getting these soon. They also sometimes pick up the music but no the voice and sounds really weird. If i accidentally touch it the music stops completely. Anyways, what am I supposed to do with them? They came with my phone so how am I supposed to return them? Is anymore else having problems with them?