Gear Circle does not stay in ear

We received 2 Samsung Gear Circle's as xmas gift. It has a serious design flaw .It does not comply to the stated headphones requirements. That the earphones does not stay in your ear. We have done some recearch and this seems to be a common complaint .I have asked to be refunded but it seems Samsung says there is no such a reported design fault. Well I will see you guys in the small claims court as a quick Google search gives me hundreds of reported faults like mine.Please refund.Ref no:***.