if you ordered from here:
http://www.mesomorphosis.com/
Their policy states:
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If you received the incorrect item in your order or if your order was damaged during shipment, please do not open the item and contact us immediately so we can advise you how to return the order to us.
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If you're discs were damaged during shipping, it isn't your fault and you'd have no way of knowing if they were damaged without opening the dvd case. So, email them and explain that these dvds are virtually worthless for you to have, since one of them is scratched. Im pretty sure they'd have to replace the item for you.