If I cant download iOS update 5 or higher to my gen 2 ipod touch to be able to get ibook and I cant listen to my book on my computer, can I return it ?

I bought an audio book on Itunes from Istore on my laptop, I want to listen to it. It apears that I cant on my laptop so I borrowed my Girlfriends Ipod. From all the posts i have read Ibooks{required to use} will not download on the itouch 2nd gen because it requires IOS of 5 or higher but the 2nd Gens only go up to 4.2.1 or some 4 iOS. If this is all true and there is no way for me to listen to it. I want my money back!