If he had been testing it out to see if it worked for him and decided it didn't....that's good and fine. But he knew going in he wasn't going to keep it.
Other than being psychic and claiming to know what another man is thinking...
Can you please point us to the relevant section in Apple's terms and conditions where they place these kinds of limitations on their return policy?
Seriously, you're so sure of yourself this should be really easy for you to do.
http://store.apple.com/us/open/salespolicies
http://www.apple.com/legal/sales-support/sales-policies/retail_us.html
So where are these limitations that you speak of?