Problem Refunding

The other day, I accidentally bought the incorrect digital item by the name of "Destroy All Humans!" on the xbox game store. I quickly cancelled installation and requested a refund. I received a email response informing me that it was impossible to provide
refunds for digital items that were either played or consumed. I wish to reiterated that it never even installed, so there is no way that I did play it. Even had I not cancelled install, the refund would have been requested before it could even finish. Located
in the terms on the refund page is what follows: "All sales of Digital Game Products are considered final, but we understand there may be extenuating circumstances. When you request a refund for these products, and depending on the purchase or content
type in determining refund eligibility, we consider a variety of factors like time since date of purchase, time since release, and use of the product." I asked for the refund within minutes of purchase and never played the game. Time since release of the game
has no bearing the requesting of this refund. Per the rules given on the page, mentioned just before, and the response that I was given, I see no reason to deny the request for the refund. I wish to clear this miscommunication up and settle this matter, but
the ticket was closed before I had the opportunity.

:)