Honestly, I don’t think either problem would be an issue. Just keep in mind that the JUC you exchange for could have other variations such as clicking or a tail that’s not flush. I ended up exchanging my original JUC because of the tail and clicking. The JUC I ended up with is perfect in form with no clicking but does have a super loose hinge that swings open like yours. But I’d rather have a loose hinge that closes securely without the clicking than a tight hinge that wiggles back and forth and clicks. That’s just me though. So you may feel the opposite. Ask your SA for other JUCs to be brought in, and then you can compare all aspects. I will note that I sleep and shower in my JUC and don’t take it off pretty much ever. It has not popped off even once since I purchased it well over a year ago, and I am not gentle with my jewelry. My Love on the other hand has fallen off at least three times. I hope this really helps you! Ultimately, you want to be happy with your purchase!