Earpod remote malfunctioning?

I just received earpods last week and finally got around to opening them yesterday. At first they seemed to work fine, but then they started to randomly pause and play music/adjusting the volume without me even touching the remote. They're okay if I sit completely still, but if I do something as simple as walking they'll start acting up. I did a test call and the other person said there was a very loud static-y noise. It seemed to happen every time I touched the remote on the earpods. These are brand new out of the package, can I get a replacement or at least refund? I don't have the receipt as they were a gift, but I could maybe get it from the person who gave it to me.