If you made the purchase on a credit card, contact the company and provide photos of the scope and copies of your emails. Things will likely get drawn out over a couple of months before a decision/ruling is made. I was screwed over this last fall by a company out of NH, half my order was missing due to poor packaging on their part. Our friends at fedex rightfully denied any wrong doing. By the end of day I was out $150.00 after the CC sided with the merchant. Since then, if it is not in stock at Midway, Midsouth, PV, Grafs, Natchez, I go without or make do with what I have. Better to wait and/or pay more through a business with a reputation for good customer service from start to finish.
Might also write the manufacture of the scope, maybe they can help out, replace, maybe not, what's the worse that can happen, they say sorry can't help. At least they will know the seller is not doing them any favors by selling used or damaged merchandise as new.
I wish you the very best, it is frustrating.