I dont think these look like scratches, either, just the piece of leather that was used. I would still condition it - it cant hurt, and if there are some scratches mixed in there, it may help them to blend more. Then you have to decide if YOU like the look of the bag, or if it will drive you to distraction every time you see it, and you wind up not using it. Then, good deal or not, its a waste of money, kwim? I got my amethyst bridgit shipped for under $190 on ebay, so if you do return it, you can try your luck there, but then again, there is no guarantee your new bag wont have the same issue. Personally, I think it looks just fine, and the leather will get some character to it when you use it either way. I would get some Apple conditioner, Apple it up and enjoy that gorgeous bag. I adore mine!
You can get Apple products at leatherstuff.com - I highly recommend them.